Omaha daily bee., 1899-11-30
MOTOR COMPANIES AFFAIRS
Controversy Between the Warning Corpora
tions Partially Settled.
BOTH GET ON TO RAILROAD PROPERTY
Old Compnny's Tracks VIII Remain
Where They Were Laid, While
New Company VIII Occupy
West side of street.

Ne" VIII OCthps
West side of street.
The controversy between the old and new
street railway companies as to their re-
| spective rights to lay tracks on the strip
of ground belonging to the Kansas City,
| St. Joseph G. Council Bluffs railway at Six
| teenth avenue and Sixth street was settled
| satisfactorily to all parties concerned yes
| terday by the officials OF the railway COM
pany.
s. e Crance, general superintendent; G.
NJ. Hohl, assistant superintendent: l.. f.
! Goodall chief engineer, and A. Mossman,
general solicitor OF the Kansas City, st.
! Joseph G. Council Bluffs Railway company
came in yesterday morning from ST. Joseph
and in company with the representatives OF
! the warning street railways went over the
| disputed ground. An arrangement was
reached whereby both of the street railways
have the right -of-way across the strip and
the ground to be occupied by the double
| tracks of the two companies was marked
off by Engineer Goodal of the railway COM
! pany.
The arrangement made by the officials of
the railroad company gives the old COM
| pany practically the right -ofway which it
sought to obtain by stealth on the night of
| November 49, when 1t was enjoned by the
! new company and the fight between the
! two rival companies was started in real
earnest This arrangement allows the old
! company to lay it's double tracks next the
Kansas City roundhouse and the new COM
| pany to lay theirs about eight feet west.
| This will enable the new company to connect
its line on Sixth street over the jog at
Sixteenth avenue with gentle curve and
|
way interfere with the other. After laying
out the course for the tracks of the two
rival street car lines, the railroad officials
returned to St. Joseph.
/ Another Suit.
| Another suit attacking the validity of the
i franchise under which the Omaha, Council
Bluffs & Suburban Railway company is
| building it's line was commenced yesterday
in the superior court. The plaintiff in the
suit is given as w. W. Rogers but is nn-
known to any of the officials of the de-
| fendant company. The new directory of
| Council Bluffs fails to give the name OF
| W. w. Rogers and the only information con-
cerning him from Emil Schurz, the attorney
| filing the papers, that he was q tax
| payer with perfect right to bring such a
suit.
The franchise is attacked on almost
| identically the same grounds as in the suit
| brought by the old company against the
| new company last Monday night in the dis
/ trict court. 1t is based on the allegation
/, that the franchise was secured by fraud and
Misrepresentation inasmuch as the grantees
| formed copartnership and not a corpora
| tion. In one of the paragraphs the allie
! CATION Is made that the ordinance, grant
and contract is wholly void and ultra
,yir Thn 10 oLo5 10 hat
the franchise be held, adjudged and deemed
illegal. void and cancelled and without force
and effect. An injunction Is also asked for
restraining the new company from exer-
csing or claiming any authority, rights or
privileges upon any of the streets or avenues
: described in the ordinance.
Old Company VIII Build.
| With reference to the statement that had
| been published to the effect that it was not
! decided whether the Lake Manawa e. Man
! haitian Beach Railroad company incorporated
! Tuesday would go before the voters for
franchise to attempt to secure the additional
! right f-way needed to build to Lake Man
ava from the city council under the fran
cbise which the old motor company claims
to hold, one of the officers of the new cor
poration stated yesterday that it would do
neither. He said the new company is a
regular railroad corporation, having the
same rights as any trunk railroad in the
state. That is to say, that the company has
the right of eminent domain" and could
condemn land wherever it saw fit for it's
right -of-way. In order, however, to cross
any OF the streets, avenues or alleys of
the city, it would of necessity have to Sc
cure this permission from the city council.
The same official said that the new cor
poration had substantially acquired its en-
ht-nf tn I n alrn ali oh
there were one or two pieces OF ground that
it would in all probability have to condemn.
He stated further that it was the intention
OF the new corporation to establish an
amusement resort at Manhattan Beach on
the south side of the lake and that the same
would be in operation by next summer The
line of the new corporation would be an
extension OF the old motor company's line
on Main street and that a right of way
across the different railroad tracks had been
secured that would in nowise conflict with
the rights OF the new railway company.
New Company Means Business.
Charles II. Hannah returned yesterday
from the cast and said that his visit had
not been connected in any manner with the
interests of the Omaha, Council Bluffs &
Suburban Railway company, but that he had
been called east by the illness of his father
When asked If he had anything to say In
regard to the opposition of the old company
he stated that his company would continue
to construct its line to Lake Manawa in
} spite of all the old company could do to
stop it. He said:
"All the equipment for the line has been
ordered and is now being turned out by the
various concerns that have been given
orders. The cars are being made by the
Jewett Car company of Jewett. o., the
moters by the Lorain Steel Co., of Lorain, o.,
the two generators for the power house which
is now under construction at East Omaha will
be made by the Seimens e. Kolska company
OF America. Chicago. Two of the big boilers
at the Greater America exposition have been
purchased and are now being removed to the
, new power house. The engines, two in
! number being constructed for us by the
Hamilton Engine company of Hamilton. O..
We would certainly not have ordered this
, equipment and graded our entire line from
the Terminal company's bridge to the lake
unless we meant business. We are in the
, field TO stay and it is for this reason that
the old company is worried"
} contributions FOR THE POOR.