Omaha daily bee., 1897-06-21
STEAL A MARCH ON klNGMAN
City Council Executes Coup in Dispute
Over the Alley,
TAXES ADVANTAGE OF SUNDAY TO GRADE
Bit- Force OF Men nnd Teams Put &c
work Yesterday aud obJcctors
Are poverIcss to
Interfere. H.

just before the first streaks of crimson ap-
reared over the Iowa bluffs yesterday morn,
ing the watchman at the warehouse of King
man & Co., near the union depot, Mas amazed
by the appearance OF what, in the still clus
tering shadows, seemed like an aIiay Of occu-
patton bent on the possession OF the build
ing of which he was the nocturnal grar'inn.
A long file of teams moved over the viaduct
and down the incline to the rear of the build
ing. Behind them was struggling array
of marchers and something very like life
barrel rested on each mans shoulder. Ne
the battalion came closer the rifles resolved
themselves into spades, and in a couple of
minutes nearly hundred OF these useful
utensils struck earth in the alley in the
rear of the Kingman building. Then the
object OF the early morning raid was appar-
ent.
For some time past the owners of the build
ing AMI the Burlington Railroad company
have been fighting over the proposed occupa-
ton of the alley by the railroad as an inlet
from Tenth street to the new depot. The
city council passed an ordinance vacating the
alley for this purpose, but kingman x Co.
went into the courts and finally obtained an
injunction restraining the city from turning
the alley over to the railroad and also re-
straining the railroad company from grading
the alley. The result was to effeCtually pre-
vent the rail- Dad company from using the
alley as an avenue to the depot and to compel
its patrons to go around by Ninth street to
| enter the new depot.
| However the city authorities demonstrated
| the proposition that there was more than one
| way to skin q cat. A special meeting OF the
| city council was called last Saturday evening
| and a concurrent resolution directing the
| Board Of Public Works to Immediately grade
W
rules. Mayor Moores present and he at
once signed the resolution.
No one but those interested knew of the
action taken until 3 o'clock yesterday morn
| ing, when Superintendent Beverly of the
| street department appeared the ground
| with thirty teams and about seventy-fve
| laborers. The entire force was at once turned
loose on the alley and the dirt wGs exca-
waited at a rate that promised to bring the
alley to grade before sunset.
| DISTURB A LAWYERS SLUMBER.
1t was this that had startled the watch
| man and he lost TO time in warning the
| firm of the flank movement that had been
executed. Attorney Mcintosh, who repre-
sents the Kingman interests, was routed out
of bed and he proceeded at once to Judge
| Keysor's residence to see If the court could
be induced to act. No injunction could be
| secured against the city on Sunday, but Judge
| Keysor issued a notice calling the attention
of everybody in general to the fact that any
one who knowingly violated an injunction
was liable for contempt OF court. Armed
with this document the attorney hastened
back and ordered the men to quit work. He
then read the notice signed by Judge keysor
which Foreman Beverly Immediately submit
| led to City Attorney Connell, who was also
on the ground.
| Mr. Connell advised the foreman that while
the Burlington railroad had been enjoined
from grading the alley, the city was not a
party to the case and had a perfect right tc
do the work Then the shovels were put tC
work again and kept at it all day. Long be-
fore midnight the last shovelfu of dirt had
5een removed from the alley and the people
will now have an unohstructed passage to the
new depot
In discussing the situation, City Attorney
Connell said: There can be no question OF
the right of The city to grade any public alley
if It Is considered desirable for the public
welfare. If any property owner rs damaged
thereby he has his remedy in suit for dam
ages. So far as the injunction granted by
Judge Keysor is concerned, it is clear tina
1t had no application to the city If the
Burlington railroad had tried 10 grade the
alley it would certainly have been in con
tempt of court, but the same restraint doe:
not lie against the city. 1t lis exactly the
same as though some corporation or ind
Vidual had attempted to tear up the pave
ment on Tenth street and had been enjoined
It certainly would not follow that the city
could not take up the pavement when i
became necessary in pursuance of public i'm
provements."
The Burlington officials seemed surprised
when they learned that the alley was bein{
graded. but they exhibited no symptoms o
Indignation, W. L. Phelps OF Lincoln, thu
assistant engineer in charge Of the construc
ton of the depot happened to be II
the city yesterday morning and was at onc'
sent down for the purpose, as he explane
it, of seeing that the property of the Burling
ton was not nterfered with by the grading
lot of the earth from the alley YVES dumped
on the Burlington land adjoining and Engi
neer Phelps said that the city would have Il
| remove 1t.