Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-05-02
BUILD TO DES MONIES
The NJ. & St. |. Promises to Build
Iowa Central Into Des Moines in Re-
turn for Certain Land Concessions.

Des Moines, May 2. - A promise to
build the Iowa Central railway from
Oskaloosa to Des Moines was offered
as an inducement to the city to relin--
quish its right In Market square to
the Minneapolis & st. Louis railway
in the council meeting this morning.
The offer was made by A. Z. Clark of
Minneapolis, attorney for the company
A committee Of the Commercial Club
was present and asked the council to
grant the request of the Nj. & st. l..
Clark made long argument to the
council setting forth that the company
has title and the city has none. He
asked merely for permission to erect
the depot on Market square. City
Solicitor Bremner made an answer to
his argument giving the opinion that
the city has title if it wishes to main
tain it. John MacVicar refused to
speak for the Civic League but as a
private citizen denounced the move-
ment to donate the lands to the rail-
way company unless a specific guar
antee be made that the Iowa Central
will be built here. Harry Coggeshall,
who made an offer of $4,000 for the
tract of land last week, was not pres
ent.
]. G. Olmstead was the spokesman of
the Commercial Club which asked that
the city give the railway the rights it
asked. At the close Of his request City
Solicitor Bremner by request gave an
opinion that the city has title to the
land but can not convey the title.
The city has power tho to lease or
grant rights on the land.
Civic League Called For.
Alderman Fraley called for the Civic
League. He said: This Civic League
is running bluff and offering $4,000
for a marketable title to the land when
they know the city cannot give it.
want to ask the Civic League, if any
representatives are present, how much
they will give for a quit claim deed"
There were no takers.
Attorney Clark of Minneapolis was
asked to address the council. He pre-
sented a long argument. I'VE are not
asking something for nothing, We are
only asking for our rights. The city
has no title to Market place and never
has held any such title. The only
title to the place is one held by the
Des Moines s. Fort Dodge railway
1t Is based on ordinances which con-
vey all rights the city of Des Moines
ever had. The county of Polk is the
only other claimant, who has any
rights or claims. The county's title is
forfeited by an abandonment Of the
property for SO years. The railway has
a title because of possession for thir-
ty years, because of the statute of lim-
itations and by reason of the color of
title granted by the ordinances prev
ious to and in 1880. Even if the rail-
road had no title it would be public
policy for the city of Des Moines to
give this land to an enterprise that
would mean the terminals of two rail-
ways. At tie last meeting of the
board of directors of the Iowa Central
railway which is practically identical
with the Minneapolis & ST. Louis rail-
way, a proposition was made to build
into Des Moines from Oskaloosa. The
decision was postponed because it was
not known that proper terminal facili-
ties could be obtained here. Already a
freight agreement is made with the c.,
B. & O., by which the Iowa Central
freight cars may come from Oskaloo-
sa to Des Moines. If this terminal is
assured the road will be built with
out delay