Omaha daily bee., 1899-06-15
EXPLAIN VIADUCT PROPOSAL
Attorneys for the Roads Address Public
Meeting Of Property Owners,
ANOTHER CONFERENCE WILL BE HELD
Representative of the Roads Declare
They Are Seeking only Justice
Judge scott on Generosity
of Railroads.


Representatives OF the Union Pacific and
Burlington roads met the city council and
interested property owners In the council
chamber last night in a public conference
and for almost three hours the viaduct ques-
ton was debated on both sides with great
carnestness. The roads we're represented by
Judge Baldwin of the legal department of
the Union Pacific, General Henderson Of
ne Burlington and c. ]. Greene, besides
others who were present but did not take
part in the discussion The entire council
present. None of the members ad-
SEessed the meeting, but the attorneys for
soc roads were opposed by Attorney Mcln-
tosh and Judge Scott. Several property
owners were also heard At the conclusion
1t was decided that the council should con-
fer with the roads in the council chamber
Friday at o'clock.
President Bingham called the meeting to
order and suggested that as the proposition
of the roads was itself very large sub
ject It might be we'll to confne the dis
cusson to 1t alone, without entering upon
the many connected subjects. President
Bingham was then made chairman and City
Clerk Highly secretary.
The proposed articles OF agreement were
been filed with the council and referred to
the railroads committee were also read.
They we're the following: A general pro-
test from the South Side Improvement club;
one from the park board specifically against
the clause affecting Boulevard street; one
from Lininger G. Metcalf company, against
the vacation OF Sixth street, claimed to be
the only outlet to their property; one from
Ferdinand Streitz and 100 other property
owners and tenants of the vicinity OF Seven
teenth street and the tracks, against the
closing of Seventeenth street; one from c.
J. Karbach and forty others. against the
closing OF Fifteenth street.
Statement by Manderson.
General Henderson, general attorney for
the B. G. NJ. railroad, was the first to claim
the floor, making the main address OF the
evening on the side OF the roads. He said,
in substance:
I'VE are here as citizens of the same
community for common purpose-to ad-
vance the interests of the municipality.
Certainly two great lines of railroads should
have no desire to injure 1t in the least
degree. Those who manage and control
them, being property owners and citizens
here along with you, cannot have any olt-
ferent aims from those you have. think
1t is matter for congratulation that we
have met here this way tonight. / want
no better tribunal before which to try
question than one approaching in character
that of the old town meeting.
THE Union Pacific and Burlington roads
arc here to present fairly, candidy and
without any concealment their propositions
and desire to treat you with the same con-
sideration that they have right to expect
from you. Some time ago the representa-
tves OF the roads met a committee of the
council to consult certain matters in
dispute. We said then that with such dis
patch as the differences between the roads
could be reconcied we would present a
proposition which we hoped would be salts
factory to the city and would prevent fu-
ture dispute.
Harmony of action Of these two great
interests is much to be desired. II they
can get together they should do so. Now,
Notwithstanding the protests against our
proposition which have been filed, we expect
to be able to show you that the proposition
is based in right and has substantial justice
and equity.
I'VE are not here to dispute the right OF
the city of Omaha to direct the building Of
vaducts at the expense OF the roads. That
right Is granted to municipalities; 1t Is
b based on their police jurisdiction, which Is
the right of the city to require fair protec-
tion to the life and limb of Its citizens.
This right cannot be improvidently or un-
reasonably exercised The law does not
permit the council to exercise 1t at it's own
sweet will, to the disaster Of the roads. The
courts would interfere to prevent the order
ing of an unreasonable number of viaducts
or useless ones.
Powers Are Limited.
This city has a natural gulch passing
Al, IL Nf htTh
the roads represented here occupy. The po-
lice power of the city is only to protect the
safety of life and limb 1t may not order
building of viaducts of unreasonable length
or width, of excessive ornamentation or un-
necessarily expensive material. 1t is akin
to the power of legislatures and railroad
commissions to regulate rates for transpor-
tation. They have the right to regulate,
but when unreasonable rates are fixed, the
courts, under the constitution, step in and
prevent them from taking action amount
ing to confiscaton of property. So there
are limitations on your powers as well as on
the capabilities of the railroads.
The Union Pacific, just struggling to its
feet after having been through bankruptcy,
is entitled to consideration and should not
have severe conditions imposed upon It,,
Whenever severe conditions are imposed on
a road 1t seeks to resist them My duty is
to resist in the courts whenever the in
terests of my client demand that do But
we want no more litigation with the city.
The fact is that II the Burlington road had
not moved a wheel during the years OF
financial depression, 1t would have saved
a great deal Of money lost by the operation
of its road then. The corporation is still
suffering from the effects of those years.
am probably not telling anything that
should not be told when / say that the
Burlington had TO go into the market and
borrow money to pay the regular dividends
to the thousands OF its stockholders,
''lf the viaduct question can be settled
for some time to come so that the attorneys
for the roads and the attorneys for the
city may not have to be in the courts. 1t
is desirable, The city engineer drew up
plans for visduct which seemed to us
unnecessarily long and wide. 1t was TO
Trial paekage Free!