Omaha daily bee., 1899-06-11
PROTEST AGAINST CLOSING
Owners of Property on Seventeenth Street
Opposed to Visduot Agreement,
WILL STAND ON OLD FEDERAL INJUNCTION
Propose to Remind Council that the
Union Pacific was pcrpctunlly
Enjoined from shutting Up that
Tboroughfarc in 1894.

Tboroughfare in 1894.
owners Of property near the intersection
OF Seventeenth street and the Union Pa
citfc and Burlington tracks, and others in
terested in the locality as renters, met yes
terday afternoon at the office OF A. j. Vier
ling, manager OF the Paxton & Vierling
iron works. and agreed to make a concerted
effort against the closing of Seventeenth
street as proposed by the roads Resolu-
tions Of protest were drawn UP and signed,
and those present decided to appear before
the council Monday afternoon and voice
their opinions in person.
The protestants rely for the main strength
Of their cause on a decision of the United
States circuit court for this district, rem
dered in 1894, which perpetually enjoined
the Union Pacific road from closing Seven
| teenth street and confirmed to the public
the easement over the right of way of the
! company along that street. The meeting
was a long one and those present became
very earnest in their assertions of the dam
age they and the firms they represented
would suffer by the closing OF the street
1t was decided to circulate the resolutions
among the owners of property along Seven
teenth street The substance of the resolu-
| tAOhS 10 dS ioliONS'
Resolved, That the proposition whlsh has
! been submitted to your honorable body on
behalf of the Union Pacific and B. e. NJ.
| railroad companies pertaining to the closing
| of Seventeenth street, and the building OF
| viaducts would IL accepted by your hon
orable body, amount practically to con-
| hscation of rarge business and property in
| terests located upon said street, and such
action upon the part of your honorable body
| is most earnestly and urgently resisted by
us: be 1t further
Resolved. That your attention is invited
! 10 decree of the United States circuit
| court for the district of Nebraska, in the
case of Streitz versus the Union Pacific
Railroad company, entered upon the End day
| of March, 1894, whereby the closing of said
| Seventeenth street at its intersection with
| the tracks aforesaid, was perpetually en-
| joined be 1t further
Resolved, That your honorable body is
| urgently requested to at once take all
| proper and necessary steps, legal or other
| wise, to compel the erection of safe
| and suitable viaduct over said tracks upon
| Sixteenth street. that such action is neces-
| sary to properly protect the property and
business interests depending upon the exist
| ence of said viaduct.
The resolutions are signed by Ferdinand
Streitz. Fred Drumming, Daniel McMillen,
Baltas Kramer Henry Drumming, Frank
| Swoboda, Max Becht, John Kuncl, T. G.
Havens, E. G. Hampton, for Hampton Lum-
Der company; A. ]. Vierling, for Paxton &
| Vierling iron works.
Another Protest Filed.
The following protest against the closing
of Sixth street has been sent to the mayor
and city council
ITO the Honorable Committee on Rail-
ways, Telegraphs and Telephones Of City
Council, Omaha, Neb. Gentlemen-We no
| tice from a report of the proceedings at the
last council meeting in connection with ar
| ticles touching viaduct matters proposed by
representatives of the Union Pacific and
Burlington roads, the railroads ask among
other things that the city "vacate and close
| the grade crossing at Sixth street" and that
| a plat was submitted showing the proposed
vacations.
1--WE respectfully call your attention to
| the fact that our property is located across
| the east end Of Pacific street and abuts on
| one street only and that is Sixth street, or,
| what is more properly known as the substi-
| tute for Sixth street Access to our prop
| erty is possible only by crossing the Union
| Pacific tracks on the north by way of Sixth
| street and by crossing the B. & NJ tracks
on the west at Sixth and Pacific streets.
To vacate and close these two grade cross
ings on Sixth street would absolutely con-
have no access to it whatsoever. We have
already for about a year been deprived OF
the use of the north exit from our prop
erty, by way of Sixth street and crossing
the Union Pacific tracks, because the Union
Pacific has closed the street by filling in
a large amount OF dirt in order to make
| room for the increased number of tracks
required for the approach to its new
depot. During all this time we have been
deprived of the use Of our favorite route
for hauling goods to and from the depots.
We have always used the route across the
Union Pacific tracks to the depots in pref
erence to the crossing over the B. & NJ.
for the following reasons: The distance is
somewhat shorter; the grade down hill all
the way and frequently our goods are loaded
so high on the wagons that il is impossible
to go by way of Pacific and Seventh streets
because the viaducts crossing Seventh street
are not elevated above the street enough
to permit the passage of high load. The
temporary obstruction of Sixth street by the
Union Pacific compels us to take all high
loads across the Tenth street viaduct The
grade from Seventh to Tenth street on Pa
cifc makes 1t impossible to haul as large
loads as we otherwise would 1t also results
in a great loss of time by compelling lis
to go this roundabout way to the freight
depots. Heretofore when the B. & NJ. cross
ing was closed by waiting trains or switch
ing we could go by way of the Union Pa
cifc crossing. If 1t should be done as now
contemplated, that is, vacate and close the
b. NJ. grade crossing at Sixth and Pa
cifc streets also, we would be absolutely
shut out from access to our property
Eve feel confident that 1t is only neces-
sary to lay these facts before your honor
able committee to insure your protection
to our interests by keeping both the B. e.
NJ and the Union Pacific crossings on Sixth
street open to the public Very respectfully,
"LININGBR & METCALF CO."
Mortality Statisucs.