Omaha daily bee., 1899-03-14
MEIKLE TAKES PLACE OF TAYLOR.
Baxter Appoints Another Appraiser
In Terminal Company Matters.

Baxter Appoints Another Appraiser
in Terminal Company Matters.
Owing to the decision of Judge Dickin-
son declaring w. Beech Taylor disqualified
to serve as an appraiser in the condemna-
ton proceedings of the Omaha Bridge and
TERMINAL company, because of Taylor's fail
ure tt show that he is freehoder under
the law, vacancy on the board was Gre
ated and County Judge Baxter Monday ap-
pointed W. B. Mekle in his place,
The effect of Judge Dcknsons decision
was to set aside the apprasement of the
property belonging to the Byron Reed COM
pany, John A. Creighton, the Shelby heirs
and others in blocks 81, 3S, 81 and 81, and
an amended application was accordingly
filed. In the amended petition the property
wanted for the purposes of the Terminal
company is described as follows:
Lot 5, block 81, owned by Hannah Brown
and occupied by Moses Hershberg, J. S.
Bell and others; lot 4, block 3S, occupied
by Michael Smidy; lot 8, block 81, owned
by the Byron Reed company and occupied
by David Gorham, George Reardon and
Patrick Burkley; part of lots l and 2, block
g. to which Mrs. Augusta Leeder claims "a
leasehold; part of the same lots claimed
under lease by Thomas Lowry; part of lot
4, block 81. in which Henry F. Burke claims
Byron Reed company and occupied by
Aaron Katteman and Victor Hurst; lot /,
block 61 owned by John A. Creighton and
| occupied by johnson Bros; lot l, block 3S,
known as the Hayes lot secured by the
Terminal company but in which Charles
Hayes Augusta Merrill, Charles Wassman,
| Patrick Scanlon and John Bolaparte claim
| easehold and other interests; lot A, block
| 61, owned by the Shelby heirs and occupied
| by Max WintToub and Pinkus Chaikin; lot
| 5, block 3S, owned by William Krug and
| occupied by William Dawson and William
| H. Green; lot 6, block 3S owned by Mark
| Nj Coad of Fremont and occupied by Ed
johnson and John B. Born, and lot T.,
! block 3S, owned by John c. Wharton and
| Alex Macarthur.
This property is bounded by Davenport
| Cass, Tenth and Twelfth streets, and it
| is here where the company proposes to To-
cate it's depot and grounds
Another step has been taken in the in
| junction suit of John A. Scott, as trustee
| for the Omaha National bank and the
| Omaha Loan and Trust company, against the
| Terminal company over the forty foot strip
| running east of the old wire works plant
| Afidavits we're filed yesterday by both Gen
| eral Manager John r. Webster of the Ter
minal company and Charles j. Greene one
| of its attorneys, to the effect that when
| John A. Horbach conveyed the wire works
| tract to Mrs Mary NJ Marshall in 1887 no
perpetual right of way was granted TO her
| OF, at least, the records Of the register Of
| deeds do not show any such grant they
| saw Mr.. Greene states that Mr.. Horbach's
grant was purely contingent; that is to
| say, she was given access through the forty
foot strip until such time as he would dedi-
| cato it as a public street, but the contract
| between Horbach and IN. M. Marshall y
never conveyed any easement or title in
the strip to the Marshalls. The titles Of
I tho Omaha National bank and the Omaha
| Loan and Trust company came through the
| transfer to the Marshalls, as Mrs. Marshall
| sold the wire works tract to them.
| One-half of this tract was valued at
s.; 900 in the same appraisement which was
| set aside by the decision of Judge Dickin-
son relative to Mr.. Taylors status. The
Terminal company has not yet filed new
| petition to cover this, 1t wants the entire
800 feet for switch track purposes, and in
the original petition asked that tue whole
pieco be appraised for condemnation