The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1906-11-29
CITY FORCED TO
BRING LAW SUIT
BEGINS ACTION AGAINST TRAc.
TON AND LIGHT CO.
PAVING is QUESTION AT ISSUE.
Old Horse Car Line Sues City and
City in Turn is Ordered
to Sue the Present
Company.

In new case just fleu with Clerk
of the Court Corlett, the city of Os.
kaloosa appears as plaintiff against
the Oskaloosa Traction & Light Com.
pany in suit that involves a mum.
Der of law points and questions SO
tangled and interviewer that the out
come of the case will be watched
with much interest. The suit is to
| determine who, If any one, is to de,
rive benefit of pay for the paving
now occupied by the tracks OF the
Oskaloosa Traction and Light com,
pany. The suit brought by City So,
licitor c.. C. Orvis tor the city of Os.
kaloosa against the street railway
company is the result of mandamus
proceedings against the city by the
oskaloosa Street Railway and Land
Company which was filed in the dis.
trict court the latter part of Octo,
Der, for hearing. This case is en-.
titled "The Oskaloosa Street Rail-
way and Land Company, Z. Winter,
Howar Brothers, G. B. West and 9TH
ers similarly placed, plaintiffs, against
City of Oskaloosa, defendant" This
suit was in reality an action to com,
pei the city of Oskaloosa to bring
action against the Street Railway
Company now occupying the streets.
The mandamus proceedings had the
desired effect and the suit by the cl.y
is brought in obedience to an order
made by the court ordering such pro-
ceedure. In other words Lity Solic-
itor Orvis is compelled to sue the
electric street railway company.
The statute provides that where a
street railway places tracks over
streets already paved it shall pay into
the city treasury the cost of the paw.
ing between it's tracks and one loot
outside the rails. This money shall
be paid proportionately to me own.
ers of the property abuttlng. If the
paving is laid after the car tracks are
constructed the company owning the
tracks pays its proportionate share O..
the cost of the paving as above des.
ignated. Where street intersections
and alley paving is crossed by the
tracks - city receives pay for the
pavement as owned by them.
Now in it's petition the old car line
sets forth that it paid Tor paving on
the streets of the city the sum of $o,-
1864, and alleges that the present
street railway company is occupying
streets, paid for by the former COM
pany and without compensation to
them or to abutting property owners
along the streets occupied. The
plaintiffs claim of the Traction &c
Light company the amount expended
by the old company. They state that
the present company has occupied
the paving and failed, neglected and
refused to pay for the same or the
claim of the old company.
The plaintiffs further state that
they have requested that the
city of Oskaloosa collect of the pres
ent company the cost Of the paving,
as required Dy law, and that the city
has steadfastly refused, hailed and ne
elected to do so. Wherefore, the
plaintiffs ask that a peremptory order
Of mandamus issue against the city
Of Oskaloosa compelling them to
make the collecLlon from the present
company.
And the order was made by the
court as prayed for by the old COM
pany.
City Brings Suit.
The city, therefore, in obedience to
the orders of the court, has brought
the suit against the street railway
company now occupying the pave
ment in question. The tracks of the
present company are wider than those
of the former company, so that the
amount due from them would in part
revert to the owners of the property
AUDITING. The amount claimed by
the city in accordance with the law
is seven thousand dollars. This the
street car company refuses to pay,
duu 10 IhCAClOi0 luduC uSlSuuduI al
the case before the courts.
A number of questions appear in
the cases and some delicate legal bal
ances are involved. Going back into
the history of the old company dis
closes situations that may have some
bearing on the case and question oil
the real ownership of the paving in
controversy hangs in the balance.
The Old Company.
About the year 1891 the Oskaloosa
Street Railway and Land Co. was
granted a franchise to operate q
street railway, by animal power, and
necessary ordinances were passed by
the city. After the installation OF
the line the city passed ordinances
declaring the necessity of paving GER
tain streets upon which their lines op
Grated. This compelled the street
railway company to pave between
their tracks, and one foot at each side
as required by the Iowa coue. About
1901 the oskaloosa Street Railway
& Land Co. applied to the city for an
enlarged franchise. for an electric