Omaha daily bee., 1902-04-18
TUKEY'S PLATS AND THE CITY
Another Chapter in Story Written BY
Both Sides.
NEITHER SHOWS CHANGE IN ATTITUDE
City Engineer Rosewater Presents His
Case with Force and Mr..
Turkey Gives His side
with FIrmness.

A.. p. Turkey. referring to bis fragrant viola
tion OF the Law in selling lots on allot-
ments that had not been approved by the
engineer and the mayor and council, as
the statutes require, states that he had
called upon me and supposed the matter
was settled. As a matter Of fact, he did
not call upon me. I notified him In writ
ing and also personally upon the street. and
be said he would remedy the defects. He
now claims that he has a right to sell lots
on allotments without submitting any plats
to the city engineer, and can lay out alleys
In blocks to suit himself. It is about time
that Mr.. Turkey and other citizens who are
violating the Law be made to understand
that they cannot sell property under mis-
representations and inveigle innocent pur-
chasers into buying property illegally laid
out. The statutes OF the state. as well as
the ordinances Of the city. not only require
that all allotments, before being legal, must
have the plats approved By the engineer
and city council, but the treasurer Of both
the city and county must certify that the
taxes upon the allotment. embracing all
streets and alleys proposed to be dedicated.
have been paid. before such dedication can
be made or acted upon, and. further than
that, no man can dedicate an slley or
street that Is mortgaged with other prop
W. NAN "A1N nv LhtAN eeeeA NCAAa NN1AN
in and foreclose upon street or alley on
which an innocent purchaser is located and
cut him of from frontage that he supposed
be had at the time Of purchase.
Mr.. Turkey says in his interview that ne
will submit the plat Of the North Omaha
tract in due time. What right had Mr..
Turkey to sell property upon streets and
alleys that are subject to mortgage, and
upon which there are tax liens. II is about
time that this kind Of procedure be stopped
by the city and innocent purchasers pro-
tected. as the law eontemplates they
should be.
what the Statutes Provide.
There are others besides Mr.. Tukey
engaged in this nefarious practice in this
city, and It is not on any individual se-
count, but for the purpose Of stopping this
kind Of procedure that l have made my
report to the council, asking that the law
Ls enforced. For the benefit Of those who
are not acquainted with the law, / quote
from the compiled statutes. and the com
piled ordinances Of the city.
Sec. Is. Chapter la, Compiled Statutes,
1901: 73, Sec. %. (Real estate subdivision.)
No owner of real estate within the cor
porate limits Of such city shall be per
mitted to subdiyide said real estate Into
blocks and lots or parcels without having
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or plan for the avenues, streets and alleys
to be laid out within or across the same.
Streets suf and pi aliey 81 sRR Raj be- St MADE 5as a 80 n tSa;;
such avenues, streets and alleys, so far as
practicable. shall correspond in width.
the avenues, streets and alleys in the city
contiguous or near the real estate to be
suodivtded as Aforesaid, and the mayor and
council shall have power to compel the
owner OF such real estate, in subdividing
the same, TO lay out and dedicate to the
! nuhhN the aN0nFyaa aNEaAfa and aTToKra 20
be within or across such real estate in
accordance with said plat or plan, and shall
Ing or orerfng for sale any lots or parts OF
such real estate not s1bdfvided and plated
as herein required Any and all additions
far as the same relates to the avenues,
streets and alleys therein, under and in &C
cordance with the foregoing provisions.
Sec. /, Chapter /, Compiled Ordinances OF
City Of Omaha: II is hereby declared un-
awful tor any person. as owner. proprietor
OF land within the corporate limits Of the
to the same, TO subdivtde said land as an
addition, or to lay out the same into lots,
or to oner for sale land subdiyided or pro-
posed TO be subdivided as an addition or
subdivision, except as herein authorized
and provided.
Section s. Before such map or plat shall
have any validity whatever. and before
the owner or proprietor of any such tract
or parcel OF land, or any. person as agent,
attorney or representative OF any such
owner, or proprietor snail have any right
convey any lot or subdivided piece OF
ground therein by deed. contract or other
to and approved by the mayor and COUNCIL n
OF the city Of Omaha. and shall have such
acceptance and approval duly endorsed
any addition or subdivision OF ground shall
be entitled to be considered or approved
tor thereof shall pay or cause TO Be paid
all taxes due or delinquent thereon. and
treasurer that all such taxes have been
paid or Cancelled.
Section 10, Any person. whether as
or representative OF any owner or pro-
hprietor OF lands who shall plat or sub
P ptTlHts ins sro Of the St city haHe Of T Omaha the or G sG-
as herein authorized. or who shall sch,
to sell, transfer or oner for sale any lot
or piece Of ground in any addition or sub
said corporate limits or adjoining or con-
tigfous thereto without having first OBJ
tsined the acceptance and approval OF the
council Of said city. and any person who
shall violate. or who shah fail. neglect or
sions Of this ordinance as now existing. or
as hereafter amended, shall. upon conv,c-
; sS Or be ea a1sd m a sO. sum and not n le ssa than
thereto, may, In the discretion OF the court.
be imprisoned not exceeding thirty days.
and the offering for sale, contracting 10
sell or selling Of each or piece OF ground,
shall be taken and deemed a separate
ANDREW -RosEwATER.
Mr. Tukey's Attitude.
OMAHA. April lT.-To tire Editor OF The
bee: Permit me a few words In regard 70
the resolution presented to the city council
at the committee meeting yesterday morn
Ing. l do not know that / particularly OBJ
ieet TO the city engineer or 70 members OF
the city council, or anybody else FOR thai
matter. interfering with my personal rea.
estate business. provided they feel il theiI
duty to do SO, but all I ask IL that they
keep within the bounds OF truth. Befcr'
hling plat Of block 2 in Penis Park l sub.
mitted the same to the city council and 4
was referred by that body to the city en-
gineer. who reported II back 20 the council
approving OF the plat, conditioned only upOI
! payment Of taxes. ! think the records vii
show that on every lot decided taxes havI
: been paid. / would like to suggest to tn
; councilman who raised a question OF a elou,
} on the title that the block had already beel
plated into lots, and TO clear lots sold iron
, any taxes IL Was only necessary to pay axe