Marietta daily leader. (Marietta, Ohio) 1895-1906, 1899-12-13
THE FRANCHISE
Passed After Considerable Argu-
ment PRO and Con.

] anu Importance, us the Butter SlIStl
franchise came up for final passage.
The meeting of two weeks ago was
outclassed so far as the lively discus
sion of the question was concerned,
and the crowd which was attracted to
the meeting enjoyed to the utmost the
war of words which the ordinance call
ed forth from both sides.
The meeting was called to order by
President Wood and all members were
present except Davis.
The minutes were read and ap-
proved.
A building permit was granted to j.
D. Speary, Sixth street.
E. c. s. Holmboe, superintendent of
construction of the electric light build
ing, reported that owing to the quality
of the soil found in excavating that
piling would be necessary. He also
requested copy o fthe plans and spec
iflcations fer the building. On motion
the report was received and filed.
w. P. Mason, engineer in charge OF
the construction of the Putnam street
bridge, reported that the caisson had
been removed from pier No. 4yand that
the masonry now stood higher than
the present stage of water and would
be finished next spring. He submit
ted the first estimate for work done on
the bridge, the full amount being
$2,509.76, less Is per cent retained,
leaving balance of $2,1333O. The re-
port was received and filed and the es-
innate allowed.
A communication frcm Jas. Fore
man & Son was read. They state that
according to resolution passed by
Council last June they are entitled to
the job of experimenting the construc-
tion Of the electric Light building and
that they were ready to begin such
work and would demand compensation
for the same. The communication was
laid on the table.
Marsch asked for more time for the
committee on Pearl street extension.
Curtis asked for another week for
the annexation committee.
A weeks time was granted to the
West Side sewer committee en- Strains
request.
The $1,000 bond of the Central Dis
trict Printing and Deposit Company
of Maryland as security was accepted.
Storck started a lively time when
ne moved that the Butler street rail-
road ordinance be accepted. Lorenz
seconded the motion. By motion the
speeches of representatives of the two
sides of the question were limited to
ten minutes each.
Judge Follett was the first to speak,
and he held forth on the same line as
two weeks ago. He showed that the
College observatory would be rendered
almost useless by the extension of the
track to Fifth street, and also that it
would be great menace to the safety
Of school children if the tracks were
extended over Fourth street. His
stand was for the educational interests
of the city.
Mr.. Ellenwood continued the argu-
ment against the granting of the fran
chise by taking up Objectionable feat
ures of the ordinance and giving them
= thorough airing under the statutes
governing sucn franchises. The prin-
cipal point that he brought out was
chat Council had no legal right to
pass the ordinance, as it had not been
shown that it was an absolute neces-
>ity for the railroad company to have
such rights as would be thereby grant
ed, reading section 1888 of the Ohio
statutes to uphold his argument. Other
objections made by Mr.. Ellenwood was
to that clause which says the railroad
company is to maintain the tracks ac-
cording to the present city grade, the
suggestion being to make it read "or
any other grade" established by the
city hereafter.
Col. R. L. Nye, representing the rail
road company, replied to the argument
offered by these speakers. Speaking
in reference to the statements made
concerning the rights of Council in
giving away public property without
compensation, he said that such was
not the condition of affairs; that for
all the rights and privileges granted
20 the railroad by the city the latter
would receive in return equal benefit
N the way of the abatement of certain
nuisances and the obtaining of equal
advantages. He said that no statement
had been made by representatives of
the company in reference to the extern
sion not being a necessity to the com
pany. 1t was really necessity to the
company in Carrying out their desire to
eliminate switching over Front street.
Mr.. Rawn General Superintendent of
Of the B. & o. S-W., said that some
Marietta people were labomng under a
misapprehension of the company's po-
5ltion in the matter; the ordinance
should be called ian ordinance for the
mutual benefit of the city Of Marietta
and the Baltimore and Ohio South
Western Railroad Company" he was
surprised there was opposition to the
passage of the ordinance; the railroad
company came not as aggressors
against the rights of the people, but