Omaha daily bee., 1902-02-20
FOR GREAT WESTERN
City Council Passes Ordinances to frstsst
OitiESnI Rights.
coMpASY's MEN SAY THEY WON'T ACCEPT
Stipulation for Electric Light at
Crossing ROuses Ire of Railway
PeOpIe-ROhrer Resists EnOrt
to Get His wIfe's Land.

The ordinance vacating certain streets,
avenues and alleys to the Great Western
railroad, as agreed Upon at the star cham
Der session Of the aldermen Tuesday, was
passed yesterday. afternoon at an open
meeting Of the city council after an Inn
portant amendment suggested by Alderman
Huber had been tackled on and a few unim-
portant changes had been made in some Of
the sections. The railroad has thirty days
in which to file Its acceptance of the meas
ure, but according to a statement Of Colonel
c. G. Saunders, the company's local legal
representative, President Colt of the Mason
City & Fort Dodge Railroad company will
decline to accept the ordinance on account
Of the insertion Of the amendment proposed
by Alderman Huber, which requires the
railroad to maintain electric arc lights at
the street crossings at Tenth avenue and
Tostevin street.
Alderman Huber also sought to have the
ordinance so amended as to require the
Great Western to erect and maintain a
passenger depot in the city as large as that
of the Illinois Central. In this, however,
he was supported only by Alderman Ham
mer, the other aldermen believing that the
erection Of a passenger depot should be left
to the discretion of the railroad.
The ordinance vacates to the Mason City
& Fort Dodge Railroad company those parts
OF Fifteenth and Fourteenth avenues from
the west line OF Third street to the east line
OF the right-of-way Of the Wabash rail-
road and intersecting alleys; those parts of
Ninth and Tenth streets between the south
line of Ninth avenue and the north line of
Tenth avenue and interesting alleys. 1t
contains the usual provisions for the laying
Of sewers, water and gas mains, etc, pre-
serving the city's rights in these matters.
To Keep Its Distance from Highway.
The ordinance provides that in considera-
tion Of these vacations and the privileges
therein conferred the railroad shall con-
struct that portion of its railway running
parallel with South avenue and along the
east thereof, so that the center Of Its main
line track shall not be nearer than seventy
FIVE feet to the ~easterly line OF the avenue
and shall plant and maintain along the
e~asterly line Of the avenue a double willow
hedge, beginning at a point $50 feet south
east Of Tostevin street and ending at q
point $50 feet north of the north line Of
Woodbury. avenue. where It intersects with
South avenue. That was all this section in
the original ordinance provided, but Alder
man Huber's amendment added the stipula-
tion compelling the railroad to maintain arc
lights at the street crossings at Tenth
avenue and Tostevin street.
AS a further consideration for the privl-
leges conferred by the ordinance the rail-
road agrees to locate and permanently
maintain a division station in Council
Bluffs. with roundhouse, coal chutes. repair
shops and such other facilities for the
operation Of a railway as are usually main
tanned by railway companies at division
points.
OrIy One Storage Track.
Section 6 of the ordinsace as agreed upon
at the star chamber session gave the rail-
road the right to construct and maintain a
storage track on the west Of its main line
paralleling South avenue. this track to be
within fifty feet Of the e~asterly line Of the
avenue. When the re-drafted ordinance was
placed before the council yesterday after
noon this had been changed so as to give
the railroad the right to place two storage
tracks. IL it so desired. between its main
line track and the avenue. On motion of
Alderman Lougee this section was amended
so as to give the right for only one storage
track. as previously agreed upon.
Alderman Huber, in suggesting the
amendment to provide for the maintenance
OF arc lights at the Tenth avenue and
Tostevin street crossing, included In his
motion that the railroad be required also
to maintain lights wherever directed by
the city council. This brought Attorney
Saunders to his feet with the declaration
that II these provisions were Incorporated
the ordinance would not be accepted by the
: railroad.
/ Protesting against the amendment, he
said the railroad had yielded on a good
l many matters, such as relinquishing it's de.
3 mand that Eighth street be vacated and fol
: the use Of the ten-foot strip of Ninth
S avenue for its freight depot; that 1t hat
2 consented to place its tracks seventy fee
. from South avenue, as asked by the citi-
Gems. and to erect the hedge as requested
but that II the amendment requiring 1t Il
maintain lights as suggested by Alderman
Huber was adopted he could state posltivel,
that the ordinance would not be accepted
by President Colt. J. p. Greenshields. loca
right-of-way purchasing agent for the rail
road. addressed the council In the sam,
strain as Attorney Saunders. At the sug
gestion Of Alderman Lougee, the part o
the amendment providing for the mainten
ance Of lights wherever directed by tn,
council was stricken out and the portiol
providing for the lights at Tenth avenu
and Tostevin street was unanimousl!
adopted.
No Mansion Necessary.
When Alderman Huber introduced hi
amendment requiring the railroad to cree
and maintain a passenger depot in the cit,
on the same scale as that Of the nlinoi
Central, Colonel Saunders jumped to hi
feet. and, bringing his hand down on n