Omaha daily bee., 1908-10-04
DECISION FOR RAILROAD
Commission Says the Great Western
Need Not Construct a Subway.
ELECTRIC BELL AT CROSSING
Residents Near woodbury. Avenue
disappointed, ThOuEh They Feared
such Would BE the Outcome
of Controversy.

| The EFFORT OF the city 10 compel the Cnl-
cago Great Western Railway company to
construct and maintain a subway under its
tracks on Woodbury. avenue has failed. The
state Board Of Railroad commissioners has
denied the application Of the city for an
order requiring the construction of the sub
way In a ruling, copies OF which were re-
celved here yesterday. The commissioners,
however, order the railroad company to in
stall an electric bell device, which is ex-
pected to ring whenever a train is APP
preaching the crossing.
The application was filed with the Board
Of Railroad commissioners on August 2,
1906. and the hearing was held April Is,
1907, and now, after celebrating over the
matter for one year and five months, the
board has finally handed down its de-
cision in the matter.
Decision Of Commission.
The decision Of the railroad commission
ers Is as follows:
On the I'd day of August, 1906, an spplica-
ton was flied with the commissioners
praying for an order requiring the Chicago
Great Western Railway company to con-
struct and maintain a viaduct under its
tracks where the same cross Woodbury.
avenue in the city of Council Bluffs, Potta-
wattamie county, Iowa.
on the Sd day OF December, 1906, the city
of Council Bluffs passed an ordinance de-
claring that IL is deemed necessary for the
safety and protection of the public that a
viaduct be constructed on Woodbury. avenue
in the city Of Council Bluffs, Ia, and under
the tracks Of the Chicago Great Western
Railway company" and that said viaduct
be constructed by and maintained at the
expense OF the Chicago Great Western Rail-
way company" and that said viaduct be
twenty-four feet wide, with a clearance
under the tracks of not less than twelve
feet and that the approaches thereto shall
not in the total exceed eight feet"
A certified copy of said ordinance has
been filed with the commission and 1t ap,
pears to have been duly published and
passed as provided by law and to be in full
force at this time.
Detailed plans and specifications. prepared
by the city engineer and approved by the
city, for the construction Of said viaduct,
were duly presented to the beard by the
prevail, setting forth in detail the height,
, width and strength of said viaduct and the
approaches thereto, and the material and
manner of its construction.
Thereupon the board fixed April 10, 1907,
for a public hearing at Council Bluffs and
examination of the premises involved.
Now, on the 18th day of April, 1907, the
Board of Railroad Commissioners met AT
Council Bluffs, Ia, after having given due
notice to the parties interested, for the pur-
pose of making, an examination of the
/, premises involved.
There were present: N. s. Ketchum,
chairman; ID. ]. Palmer and w. L. Eaton
members of the board. The mayor Of Coun-
ell Bluffs and several members of the city
council thereof were there in person for the
city. Several citizens appeared in their owr
behalf and the Chicago Great Western Rail-
J way company appeared by c.. G.. Saunders,
its attorney. Thereupon the board and the
members thereof. made a personal examina-
tion OF the premises, A public hearing wa
had at the school house q few rods from
the premises in controversy, which was at.
tended by many interested citizens. At said
public hearing the board listened to state
ments Of citizens as to the necessity Of
said viaduct for the public safety, projection
The CHICAGO Great western Railway com.
pany, by its attorney, filed with the com
I mission affidavits showing the number o
Il persons and vehicles that had used Wood
bury avenue in crossing the tracks OF tn
railway company upon certain specified
days. Thereupon the board requested tn,
city and the railroad company to furnish
q further plans, specifications and estimate
a Of the expense, and at the request Of tn
! railway company the hearing was adjourned
- TO some day to be fixed in the future. M
further plans, specifications or estimate
have ever been submitted to the board.
The final disposition OF the case has beef
postponed from time to time at the reques
0 of the railway company. Nothing furthe
has been done for many months and NJ
satisfactory reason exists why a final deter
n mination Of the matter should not be made
U After carefully considering all the testl
mony offered and taking into account tn
O conditions surrounding this crossing, 1t ha
been determined by the board that at thi
time the petition OF the city of Council
Bluffs for a viaduct should be denied. TIL
o commissioners are of the opinion, however
NiAhN vi VI Jay . 00S VI
1903, this crossing should be protected b,
0 an electric signal bell, to be automaticall
rung upon the approach OF engines or train
in either direction, a reasonable time befor
the engine or train reaches said crossing
and that this electric signaling devic
should be Of the most approved patter
and maintained in first-class condition a
y all times, and it is hereby so ordered.
iO Ruling Not Unexpected.
While an adverse ruling was not unex
pected by the residents in the vicinity O
y Woodbury. avenue, the decision of the raj
. road commissioner is nevertheless a disaI
" pointmept. Former Councilman Robert +
Wallace, who took a leading part in the ef
~ fort to compel the Great Western to bull
a subway under its tracks at the Wood
bury avenue crossing, when Informed c
the ruling of the railroad commissioner
said: I'VE always suspected that the de
lay in deciding the case was due to the In
" ruence Of the railroad company, but wher
ever this belief was expressed we were MI
"a with a denial that the railroad compan
y was in any way responsible for the delal
10 and were invariably told that the CON
mission was working on the case. II is re
freshing TO read in the decision that tn
"a order of the board had been postponed a
n the request of the railroad company"
" Mr.. Wallace expressed the opinion tha
IN an electric bell device would probabl
~ prove wholly unsatisfactory.
II The weather is right, the dust Is set
ga tied and the bugs are all gone. Now hav
I'd your house painted. The conditions ar
as just right; the paint will dry good an
ed leave IL in fine condition TO withstan
i'd the weather. Let us figure on the jot
We Will treat you right. II. Borwicl
zoe and oil S. Main.
an Wild Goose Chase for Police.
The report that a man with handouts O
had attempted to board a freight train
the north end Of the yards OF the Nortf
" western railroad yesterday morning CAV
the police a wild goose chase for sever,
z. hours In that section Of the city. The r,
port that came to police headquarters wa
y that A. G. Seller. a freight conductor O
Do the Northwestern, had sent word back