Omaha daily bee., 1896-11-20
EXAMINING MUSTY RECORDS
Suit Of the Rock Island Against the City
Causing Comment.
EARLY MAPS ARE MUCH IN DEMAND
aInny Interesting Points Involved In
the Contest for the Opening
of south seventh street
t0 citizens.

The case of the Rock Island Railroad COM
pany against the City Of Council Bluffs is
on trial in the district court. An effort
is being made by the company to prevent
the opening Of South Seventh street over
It's right OF way. Many interesting points
are involved, and the question at issue has
been a source Of considerable worry to the
city council and the plaintiff for many years.
As far back as 1887 an effort was made by
the city to have this street brought to grade,
and the contract for the work was let 10
| r. c. Berger An injunction proceeding was
brought by the railway company, and after
hanging fire in the courts was finally
stricken from the docket.
Many of the residents in the southern
| part of the city are interested in having
the street made public highway over the
| right OF way OF the company. Grading and
| viaduct schemes have been proposed at
various times. The council in December,
! 1894, passed an ordinance practically vacat-
ing all the city's rights i'll the street and
| when a mighty howl went up from the res
| idents in that portion of the city 1t made
an attempt to reconsider its action. This
\ was in the January following when the pres
! eLt action was brought by the Rock Island
| TO restrain the city from in any way at
! tempting to establish highway over their
tracks at Seventh street.
POSITION OF THE COMPANY.
The position taken by the Rock Island
! is based on the original grant of right Of
way TO the old Mississippi & Missouri River
| Railroad company that was started here in
! tho sos. In this connection an interest
| ing piece Of evidence was dug up lately in
the shape of an old map made in 1857. For
| years efforts have been made to locate this
map, which is the original plat of Riddle $
| subdivision to the city, dedicated by John
T. Baldwin and wife July 5, 1857. The
drawing was made by Thomas Tostevin, the
| present city engineer, nearly forty years
ago. y. +. Dodge appears the notary
| public on the acknowledgment and d. l..
Nyo was the county Judge, who approved
| the document before 1t was recorded. The
copy OF the map filed with the recorder was
either stolen or destroyed some years ago,
and a long search for the original finally
resulted in finding it among the musty piles
OF old papers in L. p. Judson's garret. On
this map the right of way of the Missis-
| sippi & Missouri River railroad is shown
| and the crossing on Seventh street does not
provide for any street, the lines of the rail-
| road being clearly continued across the
| highway. This will be one of the main
points urged by the Rock Island company,
as IL succeeded to the old Mississippi &
| Missouri in 1865.
a
torneys, among whom is John T. Baldwin,
a nephew Of the original grantor of the Rock
Island right Of way in 1857.
In the case OF the State Savings bank
against a. W. Askwith a motion to trans
fer the issues arising over a counter-clain
to the law docket was overruled. de-
fault was entered against several OF the
defendants.
In the suit of J. L. Archer against Paul
G. Schneider for rent on a store on Broad
way demurrer on the part of the defend.
ant was submitted
Defaults were entered against George A.
Keeline, trustee, d. C. Bloomer. Leonard
Everett, executor. w. D. Harding. C. S. LET
ferts and NJ p. Nelson in the case OF Mary
F. Sanborn against Keeline and others.
In the superior court Rees. Gabriel & Co
filed a suit against Timothy Driscoll and
others on a note for S22O15 secured by a
mechanics lien. August, 1895. the plaintiffs
entered into a contract TO furnish the ma
terial for two-story frame dwelling to the
defendant. The amount sued for they claim
is still due on the contract.
Hunters. teamsters undertakers, pros
pective bridegrooms bachelors book agents
and members of the police force can al
be made warm and happy by buying under
wear and gloves at Hughes the mems out
filter, AIS Broadway.
Go to Eiseman building for meals. Th
woman's Christian association has every
thing for sale from fancy work to chickens
Three lbs. mixed nuts for 25c at Brown
c. o. d.
Cooking School today at Royal Arcanun