Omaha daily bee., 1902-08-05
ORDER PAVING ON EAST PIERCE
some Of Property owner Protest, but
Ceuncii Orders the
work.

After spending more thar two hours
listening TO arguments by attorneys rep
ressnting property owners, for M against
the proposition. the city council last night
adopted q resolution providing for the paw
Ing Of East Pierce street from Oak street
to North avenue with yitrihed brick on a
concrete base.
Attorney Spencer Smith appeared on be-
half Of property owners, including the
Kseline estate, with a frontage Of lisa feet
on tbs street, who protested against the
improvement. His CHIEF argument against
the paving being ordered was that a large
portion OF the property in which be was
interested was held solely az agricultural
land and was not of such a character as
would be benefited By the improvement
anywhere near in proportion to the expense.
He also questioned the right Of the council
to order the improvement. aa II was doubt
ful whether the street had ever been dedi-
Gated ~ such to thu city or whether Il
still formed part OF the old county
.t~horoughfare known ~ the state stage road.
Attorney Tinley. who appeared for the
property Wner anxious for the improve-
ment. called attention to the deplorable
condition Of the street. which he said was
a much-traveled t~horoughfare. He claimed
that q majority Of the abutting property
owners favored the paving and insisted
that the Keeline and other property OF a
like nature would be equally benefited by
the improvement with that which had been
divided into lots. He called attention to
the fact that while the Keeline and Hagg
properties escaped payment OF city taxes
on the grounds that It was held solely for
Agricultural purposes, they derived all
the benefits from the city government. They
had. be enumerated. the advantages Of city
wafer. sas. sewerage. electric lights on
the street IN front Of their holdings and
motor cars within 100 feet Of their front
doors.
Alderman Mcdonald took the stand that
while the city council should defer a. far
as possible to the wishes Of interested prop
erty owners. the riRhts Of the general pub
lie should also be taken into account. The
street. he maintained was a t~horoughfare
much travelled By the general public and
was enc Of the main highways into the
city. In his opinion, he said. that even
IL the courts should decide that the city
would have to bear q large percentage Of
the cost Of the improvement Il could we'll
afford to as in e few years the expense
OF keeping the street IN repair would
amount to the cost of the paving.
The resolutions ordering the curbing and
paving or the street were adopted unani-
mously. AZ the suggestion Of City En-
gineer Btnyre Il was decided 10 extend the
sewer. gas and water mains to North ave-
nue. before the paving would be laid.
superintendent Harrington Of the motor
company presented two plans to the coun-
ell for the rounding and shortening Of the
sidewalks at the corner OF Pierce and Oak
streets, which would afford the motor com
pany better facilities for making the turn
into Broadway at this point. Mrs. Parah
Blackburn, owner of the property at the
northwest corner OF Pierce street. nled a
protest against the motor company being
permitted to place its tracks any closer to
the curb line and in view OF the protest
the council deferred action In the matter.
The ordinance giving the Chicago. Burling-
ton Z Quincy Railway company the right
70 maintain two main tracks on Eleventh
avenue from Main street 70 the Transfer
depot grounds. which had been redrafted
By City Solicitor Snyder. was introduced.
and passed.