Omaha daily bee., 1908-11-18
CAR TRACKS DOWN TO GRADE
Council Orders Company to Lower
Those on Avenue A.
WATER MAIN ORDERED MOVED
City Attorney Advises Council to BE
Careful aud Not Recognise Right
of the Company to Occupy
streets of the city.

pei the street railway company 10 lower
it's tracks on Avenue A between Twentieth
and Twenty-sixth streets to confirm to the
established grade. This action was taken
at the request Of the West End Improve
ment club which was represented before the
council by former Councilman w. c, Boyer.
Mr.. Boyer In presenting the matter to the
councilmen said that under existing condi-
lions property owners on the avenue between
the points named were unable to have
sidewalks in front of their residences,
neither was 1t possible for a delivery wagon
to drive up in front of their houses. Thu
residents and property owners along the
avenue were not alone interested in having
the tracks brought to grade, declared
Mr.. Boyer, but the merchants doing bust
ness with the people living there were also
interested. Mr.. Boyer said he understood
that the company had promised to lower its
tracks as soon as the grade would be es-
tablished, but Il had so fair failed to make
any move In this direction.
Councilman Jensen in making the motion
that the city solicitor and city engineer be
directed to attend to the matter said the
conditions were SO we'll known to the coun-
ell that 1t would only be a waste of time
for the members to go over the ground az
had been suggested by Mr.. Boyer.
Moving of Water Main.
The matter Of Hanging the location of
the water main across Indian creek at
Bryant street, which was said to be in the
way of the concrete foundation for the
new bridge, was brought up by Councilman
Jensen, chairman of the committee on
water works and other public utilities. Mr..
Jensen told of having requested the com
pany to move the main and that Manager
Hart had declined to do so until he mat
a.. ~ 49,
at-large. The letter from Mr.. Hart to
Councilman Jensen, which has been pub
lished, was read by the clerk at the re-
quest OF Mr.. Jensen.
Councilman Jensen stated that the city
attorney had advised him that the city
could move the pipe and charge up the
expense to the water company. Mr.. KIM
ball on being appealed to, said this was
correct, but advised the council to move
carefully in the matter. THE city can
order the company 20 move the main, but
1t would not be wise for the city to desig-
nate where the pipe should be relaid, as
such action might give the company au-
thority to leave the pipe in the street, -
Mr.. Kimball said.
Councilman Morgan suggested that in
order to prevent any delay in the con-
struction Of the bridge that the city move
the pipe and that the question of whether
the city or the water company should foot
the bill be determined later and by the
courts IL necessary. This suggestion did
not appear to meet with much favor and
Councilman Morgan made another. He
moved that the city attorney and the city
solicitor be given authority to give the
water ompany their proper Instructions"
Councilman Jensen amended the motion by
. adding lat once, and the motion was car
ried without q dissenting vote.
All l can do is serve a written notice
y on the company" declared the city solicitor
when the clerk announced that the motion
had carried. The matter was then allowed
Y to drop.
Fire House Contract Approved.
n The contract for the construction of the
new central fire station, made with George
f. Hughes, payment to bc made by the
city in monthly installments extending
over a period of twenty years, was APP
proved and the mayor authorized to sign It.
A delegation of union carpenters was
present and one of their number asked the
2 council to see 70 1t that the carpenter
o work on the fire station was sublet to a
fair man." In explanation of the re-
quest the speaker said that there were
y some carpenters who were not on the fam
list and If one of these got the contract
Il llc unlDH men COulu not WORK. MIR. Hughes
stated that he would do the best he could
but that as the contract provided for pay.
% ment on such peculiar terms he would he
compelled to make the best deal he could
with some carpenter who would be willlne
to receive his pay during the next twenty
years. well, you can't sublet your con.
tract without the approval of the city
council" remarked Councilman Jensen
and this brought the discussion to a close
Councilman Younkerman called the at
" tention Of the. council to the numerous
complaints relative TO the street railway
" company switching its long cars at Broad
~ way and Pearl street. The present method
he said. resulted iu great confusion among
the company's patrons who were con
ID tinuously boarding the wrong cars an,
Sc being compelled to get off again. II,
l. moved that the company be notified
through the city clerk to stop this switch
y ing. Councilman Jensen interposcd an oh
"a lection as he could not see, he said, wha
he good serving a notice would do. wv,
- have served one notice and the compan!
paid no attention to It Tho city either ha
the right to stop this switching or it ha
ar not" he said.
II was finally decided that II the com
ne pany ignored the notice that the city mar
shall would be instructed to use the fore
u at his command to prevent 1t.
A bill from II. A. Washington, forme
~ deputy city clerk, for special services q
III the assessment rolls, amounting to S4S an
so one from William Higgeson, the city weigh
master for sundry expenses incurred b
's him in discharge OF the duties of his OF
flee during the last four or five years
amounting to sl35. were presented By cit
H. Auditor McAneney, who stated that In
III finance committee had been unable 10 reac
any decision regarding them. The bill
W were referred to the city solicitor and IN
=. judiciary committee TO wrestle with.
The council adjourned TO next Monda