Omaha daily bee., 1899-05-17
CITY COUNCIL PROCEEDINGS
Railroads to Take Their Time in Building
Sixteenth Street Viaduct,
MAYOR MOOReS lNTERPoSES HIS VETO
He objects 10 Allowing the Matter to
Drag Along, but the city Fathers
Unanimously Override
the Objection.

The Burlington and Union Pacific railroads
will he permitted to commence the con-
struction OF the long g-desired and long
worked-for new Sixteenth street viaduct IN
their own good time. At least that is what
a good many OF Omahas citizens will con
clude fiom the action taken on the matter
by the city council at its meeting last
night.
a week ago the city fathers passed a res
olution, by which the city engineer was
balted IN his intention to tear down the
present viaduci. at once so that the rail-
roads would be 70 way forced to com
mence the construction OF the ew one in
the near future This resolution delayed
this WORK of destruction until the railroads
had the material for the new structure on
the ground, and ordered the railroads in
the meanwhile to repair the present struct-
ure to the amount of 5000 or so, that 1t
might be put into a safe condition.
Mayor Moores viewed this resolution as
loophol'. by neans of which the railroads
can escape the necessity of Immediately
constructing the new viaduct. He. there
fore, vetoed the resolution last night and
this veto was overriden.
Mayors veto.
/ return herewith without my approval
document 1896, passed by your honorable
body at your last regular meeting, May .,
1893. This document is a resolution direct
ing the Board of Public Works to notify the
Union Pacific and the b. d NJ. railway com
panies to have the Sixteenth street viaduct
repaired at a cost of $500, under the direC-
tion of the city engineer, so as to make the
present viaduCt safe for use until time when
the railroad companies could secure the
materials necessary for the construction of
the new viaduct. l have vetoed this reso-
luton, not because | desire to dsCommOde
the property owners on South Sixteenth
street or the railroad companies, nor do be-
lteve that my veto would have such an cf-
feet What the citizens of Omaha want and
demand Is that the railroad companies shall
at once proceed to construct the new viaduCt
in accordance with the plans verbally agreed
to by the officers of the companies and the
city engineer, and they do not want any
thing done which shall hinder or delay this
result. In my judgment the approval of
this resolution would result in another long
period of inaction and would in the mean
time render the city liable for all injuries
occasioned by the defective condition of the
viaduct. The railroads are by law re-
sponsible for the construction and repair OF
the viaduct, but the city by determining the
amount OF repairs necessary and having the
work done under the supervision of the city
engineer relieves the railroads of RESPONSE
bility and takes upon itself all liabilities for
injuries received in case of accidents caused
by defects in the viaduct. 1t is a well known
fact, admitted by the railroad companies
that this viaduCt is unsafe, and an accident
may happen at any time on 1t which would
horrify the public as much as did the recent
disastrous fire in the Patterson block, and
would probably occasion far greater loss OF
life. The railroads are content to leave the
matter so as long as the city assumes the
liability.
But are these repairs to be temporary
The railroads on one preteXt or another
have been putting off the construction of
this yiaduCt for years and Will continue to
put 1t off for years longer if they are al
lowed to repair it at an annual expense of
$500 or $500, when the interest on $780, 900
Investment in a new viaduct would be from
$4,000 to $4,000 per year.
Up to date the railroads have absolutely
refused to agree in writing to any definite
time within which they will begin the con
structon of the viaduct They have de-
clned to sign an agreement in writing
setting forth the agreements they have
made verbally. 1t is evident therefore that
this resolution would only give them further
excuse for indefinite delay, during which
period liability for accidents would be
shifted upon the city. | know that such a
proceeding will not meet the approval of our
citizens.
1t seems to me that the results sought by
this resolution might be gained by the city
sending these railroad companies COM
munication ordering them to construct this
vadupt at once and notifying them that if a
temporary delay Is occastoned in getting
material and iron work that they must make
all necessary repairs to keep the yiaduCt in
safe condition in the meantime and that in
no case shall such delay in getting materials
be for period greater than two months
Such action would throw the responsibility
for the repairs upon the railroad companies
They have their bridge builders, their skilled
wOrkmen and engineers. Let us make them
responsible for the safety of the viaduct in
stead of shifting all responsibility upon the
city, as is done by this resolution. The
citizens of Omaha are tired of delays under
various subterfuges. The time has come
for action. l therefore veto the resolution.
STUNT supports the veto.
Councilman STUNT was the only one Of the
city fathers who had any support to give
to the veto. He asserted that the city should
tear down the viaduct and order the rail
roads to build new one at once; If busi-
ness men are damaged by delay in the con
struction of the new yiaduct they could sue
the companies. He maintained that the via,
duct is in very dangerous condition. He
also said that the railroads will delay in the
building of new one as long the city
will permit them to-
President Bingham, who introduced the
resolution. asserted that he had not done Sc
at the instigation of any railroad. although
insinuations to that effect have been made
He said he had been informed that con
tracting firms are unable now TO secure iror
that was ordered six months ago and he die
not believe The iron for the new yiaduct car
be secured In less than half a year. IL,
declared, therefore, that his resolution sim
ply purposed to leave the viaduct open t.
business traffic until the material for the
= \
provides that il shall not be taken as author
ity to the railroads to delay construction
In answer to the charge that the yiaduct Is
In an unsafe condition he said the same haC