Omaha daily bee., 1899-12-17
COUNCIL BLUFFS.

alleys and public places and provides that
no railway tracks can thus be located and
laid down until after the injury to prop
erty abutting on the street, alley or public
place upon which said railway is proposed
to be located and laid down has been as
certained and compensated for in the man
ner provided with reference to the taking
of private property for works of internal
Improvement.
This section gives the council complete
and absolute authority over locating and
laying down of street railway or railroad
tracks over streets, avenues, alleys and
public places within the city, except as pro-
vided in Sections 775 and 776, which are as
follows:
Wires-Cities and towns shall have the
power to authorize and regulate telegraph
district telegraph, telephone street , rail rail
and other supports thereof, by general and
uniform regulation, and to provide the man
ner in which and places where the same
shall be placed upon, along or under the
/ streets, roads avenues, alleys and public
places of such city or town, ana may
divide the city into districts for that pur-
Section 776: Granting Franchise; Question
Submtted-No franchise shall be granteu'
renewed or extended by any city or town
for the use of its streets, highways,
avenues, alleys or public places for any OF
the aofy IN of the legal
voting thereon vote in favor of the same at
n general or special election Inc r re.
mainder of the section defines the manner
I'm which such election shall be held)
1t will be noticed that the power and au-
thority of the city council by section 76I Is
somewhat abridged and the provision or
section 776, that is. when franchise Is to be
granted to regulate telegraph; district
telegraph, telephone, street railway ana
other electric wires and the placing OF pores
and supports thereof the same shall hrst
be submitted to the vote of the electors as
provide in section 176.
1t would seem from the provisions re-
ferred to that the city council would nave
power and authority to grant a franchlse
To a railroad company or TO street ran
to a vote of the electors, provided, now
ever, that in either case said railroad COM
many or street railway company Wouid not
use electricity as a motive power ana con-
struct poles upon the streets and alleys ior
the purpose of supporting the wires usSu III
said motive power -.
A literal construction of the statute would
certainly lead to the conclusion ana slnce
section 776 is restrictive of the powers
granted under the general provisions uhder
Section 767 a literal construction of the re-
striction is justified and the council woula
not be obliged to submit the question OF
granting an ordinance 10 railroad com
pany or a street railway company uniess
motive power in the operation or the ram
road or street railway after the same is
constructed under the ordinance.
Sullivan, the grocer, is better prepared
for furnishing the people OF Council BLUFFS
with oysters than ever. He has large
shipment OF the favorite brand, the Solid
Packed, and can fill all orders for the holi-
days on short notice. Leave orders at the
store, 343 Broadway, or telephone 16l.
For Sale-A fine horse, 1900 pounds, 7
years old sound. Bouricius Music house,