Omaha daily bee., 1902-05-15
CITY COUNCIL PROCEEDINGS
Mr.. 0onnell Passes Union Pacific Foundry
Question Back Again,
WANTS COUNCIL TO INVESTIGATE IT
Submits Form of Ordinance to BE
Passed II IL is Determined that
Railroad Company Has
Violated Contract.

The Union Pacific foundry matter came
up before the regular meeting Of the city
council Tuesday night In the form Of a
communication and ordinance from the le-
gal department. In his communication City
Attorney Connell says the proper thing for
the council to dc now is to appoint a spe-
cial committee to investigate the question
of whether a foundry is really a neces-
sary adjunct to the terminal machine shops
OF a railway company. He wrote In part
as follows:
Il suggest that a full inquiry and care
full Investigation be mads OF all facts bear
ing upon the practical question as to
whether under all conditions and circum-
stances a foundry is necessarily a part OF
a terminal machine shop plant. This is
the question which must ultimately be met
in court. and It ought therefore. to be faced
and fully considered at the outset to the
end that the rights OF the city may be
maintained and that unnecessary and vex-
atious litigation may be avoided"
Quotes Revolutionary Clause.
In another place in this communication
Mr.. Cornell quotes the reversionary clause
from the deed whereby the city conveyed
property to the railroad company as fol-
lows:
This deed Is upon condition that II said
Union Pacific Railroad company, its sue
cessors or assigns. shall fail, neglect or
refuse TO maintain said shops In said city
said contract, or to use said grounds and
lots and real estate hereby conveyed for
>then and upon the city OF Omaha aop by it's
mayor and council so declaring, the said
lots or real estate hereby conveyed shall
revert and be reinvested In and become the
property Of said city OF Omaha.
MI. Cornell adds: II consider the Lam
Suage Of the foregoing plain, clear and
unambiguous." He goes on to say: "If It
should be ascertained by your committee
that a foundry is a necessary part Of ter
minal machine shops, then would recon-
mend the passage OF an ordinance making
the declaration referred to in the rever.
sionAry clause Of the deed"
Part of the Ordinance.
Accompanying the Communication was
the draft OF an ordinance which Mr.. Con-
nell thought would suit the purpose. The
ordinance closes with these words:
The mayor and council hereby declares
that said lots and real estate shall revert
erty Of the city OF Omaha.
That the city attorney be and hereby is
authorized and directed TO take such action
ana 10 and prosecute such legal
proceedings as may be proper and neces-
sary 70 carry out and enforce the said
diversion condition contained In said deed.
This ordinance shall be In force on and
after Its Iassage.
Both communication and ordinance were
referred to the committee on railroads and
telegrAphs.
An attorney for the eighty iron mould
ers who vas present said he did not agree
with Mr.. Cornell as to the principal issue
In the case. 1T seems to me-" he said.
that we are not concerned with the CUES
ton OF whethe7 an iron foundry is a neces-
Sary part Of q terminal machine shop. but
rather with the question: What did the
company have in contemplation at the
time II entered into the contract and
signed the deed1 The foundry was here
and a part Of the plant at the time the
contract vas made. so the company must
have had It in contemplation"
Plans for Market House.
City Engineer Rosewater submitted plans
for the proposed market house on Capitol
avenue. The plans call for a building
60x264 feet In size. to accommodate sixty
four stalls. Outside Is a rooted area, con-
strueted Of iron, large enough to AFFORD
shelter to sixty-six wagons. A steam
heating plant IA provided for to heat all OF
the building except such parts as are set
fASiuo lVI uhn anu meat sthlls. Ine cost OF
the building Is estimated at $40. 900; heat
ing plant. $4,000; wagon stalls. $500;
drainage gates and ineidentals. $500. max
ins the total cost about $500 100, The plans
were referred to the committee on prop
critics and buildings.
Resolutions of respect TO the memory OF
the late Hon. J. Sterling Morton were
adopted.
The "Piojammers" base ball nine. made
up OF county employees. submitted through
Mayor Moores a challenge to a nine to be
recruited from the city employees to a game
OF ball to be played some time during the
present month. The challenge was referred
TO Councilman Hoye. manager for the city
council team.
WestberE's Financial Report.
City Comptroller westberg reported that
on May II. without notice. he counted the
cash In the hands OF the city treasurer.
which he found to be az follows:
Cash In drawer .....-.......-.. a,l56u
NEsSSs Lot 1ePost ~......." AoH