Omaha daily bee., 1899-12-09
CLASH BETWEEN RAILROADS
Omaha Bridge & Terminal Company Gets
After Union Padifo.
SWEARS OUT A TEMPORARY lNJUNC TON
Trouble Arises over Burts Roads
Desire TO Put In n Bridge mt
Fifth Avenue and Four
teenth street.
swFARS OUT A TEMPORARY INJUNCTION

The Omaha Bridge G. Terminal Railway
company secured from Judge Green OF the
district court late yesterday afternoon a
temporary injunction restraining the Union
Pacific Railroad company from interfering
with it's tracks at Fourteenth street and
Union avenue. This action on the part Of
the Terminal Railway company is one re-
suit OF the determination of the Union Pa
| ciflc to put in It's new bridge at Fifth ave-
nue. and Fourteenth street over Indian creek
despite the injunction proceedings brought
| against IL by the city.
For two days past the Union Pacific rail-
way has had several large gangs OF work
men making the necessary preparations for
the erection of the new bridge. In order to
| comply with the location of the new struc-
ture readjustment of the tracks on Union
avenue was necessary and the Union Pa
| cific is placing its old track further to the
northwest. 1t has also nearly completed the
! laying OF a second track along the avenue
! from Ninth street to the transfer depot.
The readjustment OF the tracks make 1t
| necessary for the Union Pacific to put in
| fresh crossings across the track OF the Ter
minal Railway company at the bridge over
I Fifth avenue. To forestall this the Terminal
railway people yesterday afternoon placed
big switch engine on it's track at the point
that the Union Pacific desired to make the
crossing and in addition secured the tenn
porary restraining order from Judge Green
just before court adjourned for the day.
The order issued by Judge Green restraints
the Union Pacific from tearing UP or re-
moving the tracks OF the plaintiff from the
intersection of Fourteenth street with Union
avenue, or along any portion OF its right
OF way upon and near Fourteenth street, or at
any point where its said right of way
crosses Union avenue and that the defend
ant be enjoined and restrained from crossing
plaintiffs railway tracks with any track of
it's own or in any manner removing or
changing from the present position the
rails of plaintiff. and that the defendant
be enjoined and restrained from interfering
with plaintiff in the repairs of its track
along Fourteenth street, or near Fourteenth
street and its intersection with Union avenue
in said city OF Council Bluffs
The injunction was served shortly after
5 O'Clock last evening by Deputy Sheriff
Slead on the foreman in charge of the men
at work on the bridge.
Point mt Issue.
Early last spring the question whether
the Union Pacific had not forfeited its rights
on Union avenue by alleged failure to COM
ply with the provisions of. the ordinance
granting it franchise on the thoroughfare
was brought up before the city council. ThC
matter was brought up through a dispute
between the city and the Union Pacific as
to the bridge which the city had ordered
built over Indian creek at Fifth and Union
avenues. The railway company wanted 1t
built one way and the city ordered 1t erected
in another manner In order to try to
bring the railway to the citys side or the
controversy the question of the company's
rights on Union avenue was brought up and
after the matter had been pending some time
the city solicitor was instructed to have |
the question taken into the courts and set !
tied there. About this time the Union Pa
cifc decided to build second track along |
Union avenue and in order to do so asked |
that it be given permission to build its
new bridge as ordered by the council. The
aldermen became fearful that by granting
this permission the city would waive it's
claim to Union avenue and refused to grant !
it and injunction proceedings against the
Union Pacific were instituted in the district
court. This suit was recently transferred
to the federal court, where IL Is now pend
ing.
City Solicitors Opinion.
City Solicitor Wadsworth stated yester
day that he was personally glad to see the
Union Pacific putting in its new bridge, as
the old one is unsafe and new structure
badly needed. He said he could not see how
the railway company could hope to gain any
thing for its rights on the avenue by reason
of going ahead with the work, as the in
junction suit is pending and this will save
the city from a waiver of any of its claims
in the premises. The company is doing the
work at its own peril and II the outcome of
the Injunction suit should be adverse to the
Union Pacific 1t is doubtful whether the rail-
way company would have the right to re-
move the new bridge or tracks and whether
the same would not become the property OF
the city,
The preparations for the erection OF the
new bridge show that it will cross Fifth
avenue at a greater slant than the old one
and that the south corner OF the new struc-
ture will cut into the north side of Fifth
avenue about fourteen feet, extending out
pretty close to the street car tracks. This
will throw the crossing with the street car
tracks a few feet west of the bridge
the crossing is now very nearly in
the center OF the old bridge.