Omaha daily bee., 1902-11-07
SUES FOR TERMINAL RIGHTS
Great Western Seeks Entry to Omaha Over
Union Pacific Bridge.
WANTS USE OF UNION DEPOT As WELL
Bases Claims on Act of Congress,
Under which Bridge was Built
and Conditions of saun-
ders' Trust Deed.

An action Of considerable interest TO the
city Of Omaha has just been taken by the
Mason City & Fort Dodge Railroad com
pany in filing in the United States circuit
court a bill against the Union Pacific Rail-
road company in an effort 60 obtain a de-
cree adiudging the complainant entitled to
the use OF the Union Pacific tracks between
Council Bluffs and South Omaha. the Union
Pacific depot at Omaha and an injunction
restraining interference with such use. The
Mason City & Fort Dodge road Is a portion
of the Great Western system, which is be-
ing constructed to Council Bluffs from the
east. and in seeking to come across the
river into Omaha 1t has met with a refusal
from the Union Pacific to use the latter's
bridge and terminal facilities here.
The greatest Importance of this action
comes from the fact that it will mean that
in the future, according to the decision Of
the court, the Union Pacific Railroad COM
pany will or win not be able to keep new
lines from running into Omaha from the
east.
The right Of other railroad companies to
use the Union Pacific bridge, depot and ter
minal facilities comes from an act of con-
gress passed in 1871, under which the Union
Pacific bridge and its approaches were
built. The right also comes from the cove
nants and conditions of the deed of Alvin
Saunders, trustee, to the Union Pacific Rail-
road company whereby the lands donated
by the city Of Omaha and its citizens we're
conveyed to the Union Pacific company.
McHuE states the Law.
In an interview yesterday Judge Nc
Hugh explained the conditions of the situa-
tion upon which the Great Western based
its contentious as follows:
THE citizens of omaha voted 5000, 900 Of
bonds and the county of Douglas $3.50, 900 to
aid in the building OF the Union Pacific
depot and terminals. The bonds voted by
the county were delivered to the Union
Pacific Railroad company. The bonds voted
by the city were sold and with the pro-
ceeds most of the land and lots from the
Union Pacific bridge west, on which are laid
the Union Pacific tracks, terminals and
depot, were purchased. other lots we're
donated by private individuals. The title
to all these lots was taken in the name Of
Alvin Saunders, trustee. The purpose was
to aid in the construction Of the Union Pa
cifc depot and terminals, but to provide
that this depot and the terminals should be
an open gateway to all railways reaching
the Missouri river from the east and should
be open to all such railways without dis
elimination.
I'm 1872 Alvin Saunders conveyed the
lands to the Union Pacific company. In the
deed there was embodied an agreement be-
tween the Union Pacific company, the city
OF Omaha and the county of Douglas
wherein the purpose OF the parr1es was ex-
pressed to the effect that these terminals
and this depot should forever be open on
equal terms to all railways reaching the
river from the east. And the Saunders deed
conveyed the lands subject to the condi-
tons and stipulations of the contract.
Open to All Roads.
"The act of congress Of 1871, under which
the bridge, approaches and appurtensnces
were constructed, declared that the rights
granted the Union Pacific to build a bridge
we're for the purpose of affording connec-
ton between all roads which were or
should be thereafter constructed to Council
Bluffs from the east with all roads which
were or should thereafter be constructed to
or near Omaha from the west.
1.-THE act subjected the bridge, approaches
and terminals to the provisions of the act
OF 1865, which gave to all such roads the
right to run their trains, engines and cars
over the bridge and approaches.
1.-THE Chicago Great Western is an ag-
g~ressive. independent and valuable line to
all cities which It reaches. II seeks In this
action to enforce the provision Of the Saun-
ders deed, which the citizens OF Omaha in
serted for Just such an occasion as this.
The Union Pacific company. having declined
to open these terminals to this new road
and having declined to permit IL to come
into Omaha over its bridge, notwithstand-
ing the provisions Of the Saunders deed
and notwithstanding the act Of congress
referred to, 1t became necessary for this
new company to assert and enforce its
rights nv iudicial nrocaedinOa"