Omaha daily bee., 1899-06-11
STAND UP FOR ClTY'S RIGHTS
Business Men Opposed to Compromise with
Union Pacific Company,
FIFTH AVENUE BRIDGE MATTER TAKEN UP
Lending citizens Urge the City Coun-
Gil TO Take Action TO Annul
Compnny's Franchise on
Union Avenue.
FIFTH AVENUE BRIDGE MATTER TAKEN UP

The business men OF the city demon
strated last night at the meeting OF the
city council, sitting as a committee OF the
whole, that they were opposed to the city
making any compromise with the
| Union Pacific in the matter OF
the controversy over the Fifth avenue
bridge. Further, the business mer
through a committee, representing all
classes of business, urged the city council
to protect the interests of the city by taking
action looking toward the annulment Of the
franchise granted to the Union Pacific for q
right Of way on Union avenue.
The committee, through DR.. j. M. Bar
stow. presented a statement in which II
was shown how the railway company had
failed to abide by the terms Of the ordi-
nance granting II the franchise on Union
avenue and the following resolution:
Resolved, by the city council Of the city
OF Council Bluffs, Iowa, That the ordinance
franchise and grant heretofore granted to
the Union Pacific Railway company for oc-
cupation of Union avenue. approved June
30. 1880, entitled "An ordinance granting
right of way to the Union Pacific Railway
company on certain streets" is hereby re-
scinded, Cancelled and annulled by reason
of the noncompliance OF the Union Pa
cifc Railway company with the provisions
therein stated, and that all rights, privi-
| leges and immunities running TO said Union
Pacific Railway company, Its successors and
| assigns Hereunder, are hereby Cancelled,
annulled and withdrawn, and the city OF
| Council Bluffs, through its city council,
| hereby declares all rights. privileges and
immunities therein granted to said railway
company, Its successors and assigns for
| feited and at an end.
Addresses in support Of the city taking
action looking oward annuling the Union
Pacihc's franchise on the avenue were made
by DR.. Barstow, e. H. Merriam, Frank
Keys, H. A. Searle, /. N. Flickinger and
! Emmett FINLEY. George f. Wright appeared
for the railway company and in a review
| of the history Of the franchise and mat
tiers in connection with it said it was q
matter that would have to be determined
by the courts.
The keynote of the several addresses
made by the members of the business mems
| committee was that the city should stop TEN.
porizing with the railway company, as by
so doing it prejudiced the rights of the
city and acted as an estoppel against II
ever taking action to recover Union avenue
which it was claimed had been forfeited
by the Union Pacific by reason Of it moi
living up to the terms OF the ordinance
! granting 1t the franchise. The discussion
lasted several hours and the committee ad'
iourned without taking any action. The reso
luton presented by the business men will
be brought up at the meeting of the city
council Monday night.
The committee of business men present
composed the following: e. H. Merriam, F
r. Davis, C. w. Mcdonald, Emmett FINLEY, R
II. Bloomer, H. A. Quinn, D. A. Hamilton, G
r. Hannah, j. p. Greenshields, l.. c. Bes-
ley, H. A. Searle, F. H. Keys, /. N. Flick,
niger, P. Gunnoude, o. p. McKesson, w
H.. Kimball, 1. N. Peterson, DR.. j. M. Bar.
stow.