Omaha daily bee., 1901-02-05
Effort to Compel Motor Company to
McmONe south Mnin SirecI Trncks.


Enort to Compel Motor Company to
| Remove south Mnin street Trucks.
! Little business was transacted at the
monthly meeting of the city council last
night, the aldermen adjourning in short
order to resume the session of the COM
mittee OF the whole. which had occupied
! the greater part of the afternoon. The
meeting OF the committee of the whole was
| held behind locked doors
At the council meeting, after the usual
| grist of bills had been allowed, City Treas
urer True called attention to the fact that
the motor company had deposited with him
/ the check for the cost Of the paving on
/ South Main street and that same had been
cashed by him. In order that a speedy
distribution of the money to the property
/ owners entitled to the refund might be
made he suggested that the council au-
/ thorize the city engineer to furnish him
with schedule showing the lots abutting
the paving, the amount due on each and
/ the names of the owners entitled to the
money deposited by the motor company.
Alderman Boyer promptly made a motion
that the matter be referred to the com
mitee of the whole. adding significantly
that the committee had under consideration
several other matters in the same connec-
lion. The motion prevailed and the mat
ter was not, therefore, discussed.
! Among the bills for January was one Of
S269 for special officers employed as small
pox guards. Mayor Jennings stated that
the surplus In the amount appropriated for
the maintenance OF the police department
was exhausted and that II the smallpox
guards were to be paid from this fund he
would be forced to dispense with the serv-
ices of the special officers and place mon
from the regular force to act as guards.
II was suggested that sufficient be trans
ferred from the police fund TO meet this
emergency but the city solicitor ques-
toned the legality of such a course and
after some discussion it was decided to
pay the salaries Of the special officers from
, the contingent fund.
The appointment of Thomas Gala CHER on
! the police force to fill the vacancy caused
/ by the resignation of Frank Walkington by
/ the mayor, was approved and confirmed.
| Gallagher was formerly track foreman for
/ the motor company.
Leonard Everett fled a protest to the
! paving assessment on Washington avenue
and North Second street, which was ig-
] nored, as were the protests to the paving
assessment on West Broadway, filed by J.
! the council decided the assessment as
| originally made should stand.
! The council then adjourned to meet again
Monday, February is.
To Compel Trnck Removals.
At meeting of the committee OF the
whole the aldermen had under discussion
the matter OF the city bringing quo war
ranto proceedings against the motor COM
pany to compel it to remove its tracks from
South Main street, and this accounted for
the council taking no action in regard to
City Treasurer True's recommendation as
to the money deposited by the company
for the paving on that street. The only
information obtainable from the aldermen
was that they had arrived at no conclu-
sion. 1t Is known, however. that the
| council Is arranging to secure the services
of firm Of attorneys to assist the city
solicitor in the prosecution of the quo
warranto proceedings.
| City Solicitor Wadsworth submitted
! form of waiver he had drawn up for the
| motor company to sign in order that there
might be no delay in the distribution OF the
! paving money. but at the instance of Alder
| men Boyer, Brown and Clark il was laid
on the table. The suggestion was made
| that the fact that such waiver had been
| prepared be kept from the public for the
present. The waiver reads as follows:
| Whereas The Omaha, Council Bluffs &
| Suburban Railway company has laid n sec
ond track on South Main street between
! Tenth avenue and Sixteenth avenue in the
city, of COUNCIL Bluffs, Ia; and
| Whereas, There is litigation in the courts
as to the right Of said railway company to
! so lay It's said track; and
| Whereas, Other litigation Is contem-
| plated to question the right of said railway
company to ,ay and operate its tracks on
! said street; and
Whereas Previous to the time of laying
| said track by said railway company, said
clerk of the city of Council Buffs. la, its
check for si;gss4o to pay for the paving
| Whereas The city council of the city of
Council Bluffs la has refused to accept
! the abItting property owners on said por-
! tion of said street; and
| Whereas Said railway company has
| withdrawn its check from the city clerk of
/ said city and has deposited the same in the
city treasury of said city as by lay, pro
vided, and the city treasurer of said city
has now cashed said check and has placed
the money in the city treasury of said city.
! agreed by and between the Omaha, Council
| Bluffs u Suburban Railway company and
! the city of Council Bluffs, la, that the
! said city of Council Bluffs, la, through its
treasurer and city council, is hereby au-
| thorized and empowered by the said railway
company to distribute said money among
! the abutting property owners on said street
and to the city OF Colncl Bluffs, Ia, for in
vided by law, and that said distribution of
| said money shall In no wise prejudice the
| rights or the city or council bluHS, Ia, or
any citizen thereof, to question and have
| determined in the COURTS the right of the
said Omaha, Council Bluffs Suburban
! Railway company to occupy and use SAID
! portion of said street, or any other street
| or streets, and the Omaha, Council Bluffs
| x Suburban Railway company valves any
| and all rights or privileges which II might
| in any manner acquire or nave by reason of
| the acceptance of said money by the said
! city treasurer and the distribution of the
/ same to the abutting property owners and
! to the city Of Council Bluffs as hereinbe-
! fore specified and said railway company
/ hereby expressly stipulates and agrees that
| questions either now I'm court, or hereafter
| to be brought In court. by said city or any
! citizen thereof shall be determined with
| out reference TO the payment of said
/ of the same, without reference to the dis
! tribution of the same among the abutting
property owners and without reference to
! the fact that the city of Council Bluffs, Ia,
| has accepted a part of said money for the
payment of the pavement at intersections.
/ and that the rights of the city of Council
| Bluffs, la, or OF any citizen thereof, shall
| action in any suit brought to question the
! right of said railway company to occupy the
streets i'm the city of Council Bluffs, la.
And the Omaha, Council Bluffs d Sub
| urban Railway company hereby further
| stipulates and agrees that in case any liti-
| cation Is determined adversely To the right
| of said Omaha, Council Bluffs & Suburban
Railway company, wherein the. occupancy
| or use of any streets IN said city Is in
! issue. that then and in that event that said
! Omaha, Council Bluffs Suburban Rail-
! way company shall Ia no manner have any
| claim or recourse against the city of Coun-
! ell Bluffs, la, on account of the acceptance