Omaha daily bee., 1908-07-24
TRACTION COMPANY'S RIGHT
West Bluffs Improvement Club
Appeals to Attorney General.
SEEKS STATUS OF FRANCHISE
VIII BE Made to Ascertain
by what Authority Inter-
state Road operates I'm
IowR.


Failing 10 induce the city council to
make any move in the matter the West
Council Bluffs Improvement club has de-
cided to appeal for assistance from II. w.
Byers, attorney general of the state Of
Iowa in its efforts to ascertain under
what If any, franchise the Omaha &
Council Bluffs Street railway company
Is operating in Council Bluffs
At the meeting of the club Tuesday a
lengthy communication which had been
prepared was approved and ordered sent
by the secretary to the attorney general.
After alleging that the club had been
unable to obtain any relief through the
local and municipal Officers" the follow
ing is recited in the communication:
We have the remarkable example OF a
corporation known as the Omaha & Coun-
ell Bluffs Railway and Bridge company
operating a street railway upon our
streets with or without legal authority.
When we ask Of the city council Informal
ton as to the legality or non-legality Of
the actions Of this alien corporation, with
two or more honorable exceptions the
corporation by laying our respectful re-
quests upon or under the table in the
municipal waste basket. from which no
it out. In the meanwhile the growth and
material prosperity of our city are re-
AdIueu Dy the discrimination OF this cor
poration against Council Bluffs.
|. Value of Communication Tickets,
Attention is then called to the fact that
the Communication tickets between Council
Bluffs and Omaha are not good for use
for travel within the limits of Council
Bluffs.
Extended reference is made to the re-
quest OF the club that the company build
a connecting line on Twenty-first street
between Avenue A and Fifth avenue and
that the company, it is alleged, has de-
clined TO pay any attention to the request.
Mention is also made OF the failure of
the company to extend its line to the
Iowa School for the Deaf, while in Omaha
its tracks are being extended in various
directions.
The concluding portion of the communlca-
ton reads as follows:
Receiving no satisfaction that this motor
corporation intends to do anything, this
club requested the mayor and council to
nave these improvements made. Regard
less OF duty TO their constituents, our re-
quest was laid under the table, where it
still is. We then asked the MAYOR and
council to instruct the city solicitor to pre-.
pare a statement, and publish 1t in the
daily press for the information of the
people, showing by what authority, or lack
OF authority, the motor corporation Is oc-
cupying our streets, by what authority it
charges a 8 and l0-cent fare between Coun-
Gu Bluffs and Omaha, and why the scent
limited tickets are not good for local fares
within tho city limits. with the two
honorable exceptions the aldermen voted to
lay the request on the table by a vote Of
five to two-one alderman being absent on
account ot illness.
Now, as the council declines to favor the
people with this information. or do any
thing to make this corporation grant a o.
cent fare and build and operate the tracks
necessary for our commercial and material
0eNelOnnlDnI az a nj NNhalfNr UNl1
acting FOR the state of Iowa, institute the
measures necessary for our information
and relief and press them to vigorous and
successful conclusion, even II quo w%arranto
proceedings become necessary to make the
motor corporation show its authority for
using our streets, and the determinations
II Is constantly practicing against this city
and Its welfare.
Question rs to Franchise.
Following the statement that the COM
pany obtained possession of the street
railway system in Council Bluffs by a
lease or merger of ninety-nine years the
communication continues as follows:
This Nebraska corporation operates the
street ailways OF Council Bluffs, Omaha.
South Omaha and East Omaha, Including
the bridge across the Missouri river. For
lack or better Information, refused by the
city council, we understand the original
Iowa franchise has expired, a later one
has been decided invalid because of in
SUFFICIENT publication. and another known
AA0o OIA llNNO lit
possession Of this company. 1t Is unknown
TO our people under which. If any fran
chise' the company is operating its tracks
upon our streets. Under the Iowa franchise
the company was permitted to charge a
Decent fare between Council Bluffs and
Omaha. Under the franchise said to be
invalid a limited scent fare was permitted
between the two cities for holders OF
tickets ard the city officials and employees
allowed TO ride free when in the perform
ance of duty, in addition to the 1O-cent
rare for any person not having one Of
/ these limited 5-cent fare tickets. Under the
so-callel suburban franchise it is claimed
that only a b-cent fare can be collected
10 any part OF Council Bluffs. AS Council
Bluffs is on both sides of the Missouri
river, the corporation charges a fare of
10 cents to and from either side of the
river In Council Bluffs to a passenger who
has no limited 5-cent fare ticket. With
the ticket it charges a lO-cent fare. The
lONceEt fare between Council Bluffs and
Omaha is for any distance between Four
teenth street in Omaha and within the
limits Of Council Bluffs. The minimum
distance is an imaginary line in the middle
of the bridge over the river, defining the
limits of Council Bluffs and Omaha. The
maximum distance is about four miles. On
the Omaha side the maximum distance is
about twenty-five miles, for 10 cents or a
one way distance of eleven miles for 8
cents, between Florence and South Omaha,
with transfers to any part OF Omaha, and
Nebraska suburbs on which its tracks are
operated. This is a discrimination for
hidden by the interstate commerce law
against localities" which can be acted
upon by the Iowa Board OF Railroad Com
missioners under the act Of 1907. which, VIC
believe authorizes the board to bring the
matter before the interstate commerce
commission in the name or under the au-
thority OF the state OF Iowa, which has
been done in the complaint OF Dubuque
against the Illinois Central Railroad
company.
THREE DIVORCE SUITS FILED
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