Omaha daily bee., 1899-05-10
ANOTHER LAWSUIT ON HAND
Council Bluffs, Lake Manawa and East
Omaha Construction Company.
OBJECTION TO THE VACATION OF AVENUE A
PInintin Claims n vested Right 10
Occupy This Avenue as n Right OF
Way for street Railway
Under Franchise OF 1897.

The city of Council Bluffs now has an
other lawsuit on its hands. Yesterday the
Council Bluffs, Lake Manawa e. East Omaha
Construction company commenced an ac
Jion in the district court attacking the valid
MY OF the action of the city
council in passing an ordinance on Febru-
airy last vacating Avenue A, between
Twelfth and Thirteenth streets, and con-
veying the same TO the owners of the prop
erty fronting thereon. The company asks
that this action be annulled and the street
declared open, In accordance with the re-
quest of the plaintiff company, Judge Smith
has issued a writ of certiorari returnabe
at a. IN. Monday, May 20, requiring the
city to produce showing of its records in
regard to the action complained of and to
appear and show cause why the petition
should not be granted.
At the time that the ordinance providing
for the vacation of certain streets and ave-
nues was introduced before the city council
by the Fort Dodge & Omaha Railway COM
pary representatives of the Council Bluffs,
Lake Manawa & East Omaha Construction
company raised objection to the vaca-
ton of Avenue A. on the grounds that 1t
had vested right and authority to occupy
Avenue as a right of way for the con-
struction and operation of a single or dou
BILE track street railway under franchise
granted it in December, 1897. AS the COM
pany had never taken any steps to COM
mence the construction of the line under
the franchise little or no notice at the time
was taken by the city officials of its opposi-
tion to the vacation ordinance.
The Council Bluffs, Lake Manawa G. East
Omaha Construction company was organized
t,, IN.rT THO n1A L -
the Lake Manawa Railway company; A. s..
Potter and A. B. DeLong of the East Omaha
Street Railway company; james A. Patton,
then cashier of the First National bank;
j. p. Greenshields, local real estate dealer
and Emmet Tinley, local attorney and
counsel for the Lake Manawa Railway COM
pany. The company was organized for the
purpose of constructing and maintaining a
street railway from Lake Manawa to the
terminus of the East Omaha street railway
line near the exposition grounds. At the
time it declared it's intention of construct
ing a street railway from the terminus of
the Lake Manawa road at Ninth street and
Broadway to the terminus of the East
Omaha line at the Terminal company S
bridge. The company sought a fiftyyear
franchise over certain streets, avenues and
alleys, and under the new law had to submit
Une proposition 10 Jne vote Oh the people,
A special election was held and the PROPOSE
tion was carried. The city council on De-
cember 6, 1897 passed the ordinance grant
ing the company the right to occupy certain
streets, avenues and alleys for its line,
among the number being Avenue A from
the intersection with Ninth street to Four
teenth street.
Claim Rights Have Been Forfeited.
Notwithstanding that the company went
to considerable expense in having special
election held, no attempt was ever made to
carry out any part of the proposed line, and
it was generally supposed that the project
had been abandoned. The contention of the
city will be that the grant of right OF way
over Avenue A and other streets has been
forfeited by the company, as 1t was condi-
tional upon the construction of the line
within a certain specified time. Section A
of the ordinance conveying the franchise
provides that said company shall construct
It's lines from the intersection of Broadway
and Ninth streets to the Missouri river and
have the same in operation for general pub
| lie travel on or before August l, 1898
There is, however, no clause in the ordl-
nance providing for forfeiture of the
franchise in the event of the company not
building it's line to the Missouri river by
the date mentioned in section 4.
Another clause of the ordinance provides
that "any street so selected not regularly
used by said company within three years
from date of passage of the ordinance snail
be deemed abandoned and all right OF sald
company therein forfeited without Legal
proceedings or action of said city, BY THIS
clause it is claimed by the company that it
has three years from December, 1897, in
which to occupy the streets by building lts
line.
According to the members OF the COM
pany seen yesterday, the plan OF construct
ing a line from Ninth street and Broadway
to the terminus of the East Omaha line mas
been revived and that the same will be con-
structed this season. The company, they
say, has for some time had under considera-
tion plans fol- the erection of an electric
mower plant and the transferring OF the
| steam cars between here and Manawa into
| an electric line, and operating line between
| here and East Omaha. The company is sald
| to have the necessary capital to carry out
| this work.
1t has been an open secret for some time
/ that the Omaha e. Council Bluns Bridge
! and Railway company has been atter the
| Manawa line and the pleasure resort at the
| lake, but has been unable to complete the
| purchase The motor company Is anxious
to acquire the property ana transform 'he
road into an electric line.
Around the city hall yesterday when II
became known that the Council Bluns' Lake
Manawa g. East Omaha Construction com
pany had brought suit against the city,
was said that the city might possibly re-
taliate and force a surrender of the fran
chise held by the Lake ManaWa halfway
| compauy, 1t being claimed that the latteI
| had NOT complied with the provisions OF Its
| franchise in number of ways.
Lawn mowers, garden hose screen doors
window screens and poultry netting at j
Zoller & Co.'S.
Remember our gasoline stoves are abso-
| lutely safe No smoke. no smell no e%-
prosion ]. Zoller g. Co.
Victim of Confidence Game.