Omaha daily bee., 1899-11-21
COVERS NUMEROUS STREETS
Suburban Company's Franchise Good on o
Great Many Thoroughfares.
MORE SWEEPING THAN GENERALLY KNOWN
Company Intends to Parallel the Old
Corporations Tracks on Broad
way and Main streets-New
Facts Brought to Light.


Facts Brought TO Light.
Some interesting facts are given by tn
Omaha, Council Bluffs and Suburban Rail
way company in its petition for an injunc
| tion against the old motor company whicl
was filed In the superior court at the mid
night session held by Judge Ayleswortl
Sunday.
Heretofore the officers OF the new com
pany have declined to give any informa
tion as to the route between Thirteenth
street and Sixth street, to both of which
points poles have been set. In the petition
| however the new company sets out that il
intends to build its line from Thirteenth
street to Main street along Broadway. This
! information Is contained in the followins
paragraph:
That said company proposes in the con-
struction of said street railway as a con-
! tinued system, to construct it's tracks ac-
cording to the terms and conditions of said
! franchise upon Broadway from Thirteenth
street to Main street and upon Sixteenth
avenue from Sixth street to Third street ~
The new companys franchise gives it the
right to build on Main street and this as
sertion contained in the petition is taken
to indicate that the company in addition to
running its Manawa line down Sixth street,
intends to parallel the old company's tracks
on Main street as a matter Of competition.
In paragraph eighteen OF the petition the
new company set up the allegation that the
old company threatens to obstruct Broadway
from Thirteenth street to Main street in
such a manner that it, the new company,
cannot construct its street railway along that
thoroughfare and further threatens to by
force prevent it from laying it's tracks there
on. 1t asks that the old company be re-
strained from carrying any such threat into
execution and that the franchise under
which it, the new company, is building its
street railway, be decreed to be valid and
Of force.
Streets Included in Franchise.
The franchise granted to the Council
Bluffs Lake Manawa and East Omaha
Construction company under which the
new company is operating covers a much
larger number of the streets of the city
than is generally supposed. The streets in
cluded in the franchise are:
Ninth street from Avenue B to south city
limits, including the intersection with
with Ninth street to Fourteenth street:
e
from Its intersection with Broadway to
n
tersection with Broadway to Avenue q;
Avenue G from it's intersection with Twelfth
street to ,Twenty-ininth hts; street: Avenue
is interseetion with Twelfth street 70
river; Twenty eighth street from Avenue
g north to Missouri river; Twenty-fourtth
Avenue o: Avenue o, from Twentyfourth
street to Twenty ninth street; First avenue
to Main street: Main street from its in
tersection with Sixteenth avenue to- Wash
WITH stTset H r IN
street; Eighth street from its intersection
with Washington avenue to Avenue A;
street to Ninth street; Sixth street from its
intersection with Washington avenue south
tersecfion with Main street to intersection
with Eighth street; Broadway from its
Intersection with Main street to intersec-.
from its intersection with Broadway, to
Its intersection with Main street; Ninth
street to its. western terminus; Third
street from its intersection with Ninth
avenue aven sso to Sixteenth ayenue siSteenth & ay.
tersection with, Sixteenth avenue to. Ora
tersection with High street to Fairmount
avenue; Fairmount avenue from its in
~ with Gtsham nn to par EAR
section with Ninth avenue to Eleventh
avenue; Eleventh avenue from Its inter-
section with Third street to Main street.
1t would appear from the petition that the
new company had not at the time 1t pre-
vented the old company from laying track
on the Burlington right Of way at Sixteenth
avenue and Sixth street, any defined right
to the property, as 1t sets up that PROPOSE
tfon to give this right of way had been sub
mitted by the Kansas City, st. Joseph &
Council Bluffs Railway company, the propo-
stion being as follows: 1.-THE railroad to
permit street car line to lay its track across
the corner of our ground, the street car
company to pay an annual rental therefor"
Continuing, the petition states that at a
meeting of the directors of the new COM
pany, date of meeting not being given, the
president and secretary were authorized to
enter into a contract with the railroad COM
pany, but nothing is contained In the petit
tion that such a contract had been consum-
mated. ..
Claims to Have Authority.
In asking for the injunction to restrain the
old company from laying it's tracks on The
ground in controversy the petition states:
THAT the defendants assert and claim to
have some authority to lay their tracks over
and across said strip of ground acquired by
permission from the owners thereof; that
the plaintiff alleges the fact to be that what
ever right or authority the said defendant
has. the same Is subject to and conditioned
upon the defendants so constructing their
tracks as to not interfere with the right of
way OF this plaintiff across the same.
THAT by reason of defendants having no
authority to construct its street railway
upon Sixteenth avenue or Sixth street as
aforesaid the laying of tracks by the de-
PENDANTS across the strip of ground could
have no connection with continued street
railway system and the construction thereof
was and is for the purpose of hindering,
delaying and interfering with this plaintiff
in the exercise OF it's right to occupy said
strip of ground"
1t was stated on the streets yesterday that
while the residents along South Sixth street
had raised no objection to the new company
setting up its poles along that thoroughfare,
yet as soon as 1t commenced to lay ties and
rails that the courts would be appealed TO
and the validity of the company's franchise
attacked
The attorneys for the Omaha & Council
Bluffs Railway and Bridge company received
telegram last evening from General Man
ager Dimmock at st. Louis In which he said
everything had been satisfactorily arranged
and that he would be home this morning.
This is taken to mean that the railroad COM
pany has given both companies permission
to build their tracks across the strip of