Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1900-05-22
Against the Proposed Switch Ask
ed for by Anheuser-B Busch.
THE COUNCIL HAS NO JURISDICTION
This is the opinion of Attorney VIM.
McNett-Switch Would be Men.
ace to Life and Prop.
erty.
(From Fridays Daily.1

mlttee of the whole, had up for con-
sideration the resolution purposing to
give the c., r. i. & p. Railroad Co. the
right to extend their switch across
Washington street in front of the I'm
ion depot property, and along an al
ley-way in the rear of the lot pur-
chased some time ago by the Anheus-
er-Busch Association. The purpose of
the proposed switch is to enable the
Anheuser-Busch Association to receive
and dispatch beer in carload lots from
the beer bottling works which they
contemplate building upon this prop
erty. A strong protest was filed
against granting the request of the AM
heuser-Busch people.
O. +. Stewart, division superintend-
ent of the c., B. & Q. railway, filed a
formal protest on behalf of the com
pany which he represents. Mr.. Stew
art stated that when the Union depot
was constructed contract was enter
ed into between his company and the
Rock Island railway which assured
that the track between the depot and
Main street would not be used for
traffic. To grant the prayer of the
petition now under consideration
would greatly interfere with free ac-
cess to the Union depot on the part of
the public and would be menace to
life and property. He believed the
public is even more interested in this
matter than the railway company, but
| the proposed switch would directly in
jure the c., B. q @. property, and in
| the name of the company he protest.
ed against the same.
| VIM. .McNett, attorney for the c., B.
d o. company, and also an individual
| representing the library association,
presented the legal phase of the stu
alton which, if sustained by the courts.
would render it impossible for the
council to grant the request made by
| the Anheuser-Busch people, even if
| they desired SO to do, which Mr.. Nc
Nett did not think was the case. Mr..
| McNett stated that the alley referred
to III the petition had not been public
| ~ plated and had not been accepted
by the city. That it was in fact pri-
vate property, and hence the city had
no jurisdiction over the same. Indi-
vidually and on behalf of the library
association, Mr.. McNett entered a
strong protest against the proposed
action, stating. that it would not be
approved by the people of Ottumwa;
that such switch would be greatly in
terfere with the free and safe access
OF the travelling public to the Union de-
pot, and he would regard the grant
ing OF this request. even ifhthe council
was able to do soilegally, as in the ma
ture of a public calamity.
Mr.. MaNon stated that when nesoti-
atoms We're pending for the erection
OF the new Union depot, one of the
most Important matters considered
and settled at that time was that the
tract between the depot and the city
| should not be used for traffic TO
grant now the use of this street and
alley-way for private purposes, with
the consequent danger to life and in
terferenee with the public convenience.
would be little short of an outrage
and would be something that the peo-
pie generally would not approve under
any circumstance.
Hon. A. w. Buchanan heartily sec
onded the protest that had been filed
against the granting of this petition.
1T the legal phase of the situation as
presented by Mr.. McNett is sustained,
and he believed it would be, that would
settle the matter, but if any way was
found to get around this situation
then the citizens of Ottumwa generally
would most sincerely and almost unanii-
mously condemn the granting of this
petition. The interference with the
welfare and rights of the public was
too great to be overbalanced by any
personal considerations. He earnestly
lhoped that the petition would not oe
granted. Other citizens present who
We're much interested in this matter
were w. b. Bonnifeld. Senator Water
man, A. w. Lee, r. III. Moore, f. w.
Simmons. G. c. Janney and others.
1 S.. r. Cheadle, the Ottumwa repre-
sentative of the Annheuser-Busch
association, stated that his company
had only asked for necessary facilities
with which to conduct their business.
He was surprised at the legal phase Of
the matter as presented by Mr.. McNett
as he understood that the city attor-
ney had passed upon the matter of the
jurisdiction of the city council before
i the resolution was submitted. In view
I Is 1 i .