Omaha daily bee., 1909-10-22
EARL DISCUSSES FRANCHISE
Thinks Attorney General Byers Wrote
from Imperfect Information.
HELD GOOD BY GREAT LAWYERS
Calls Attention to One Grant OF
Authority which MT. Byer- Has
Evidently Overlooked I'm
His search.

way ompany said yesterday In giving the
oompany's side Of the franchise question
that in his opinion Attorney General Bvers
had an imperfect and inaccurate knowledge
Of the facts, otherwise he did not believe
that the attorney general would have made
the statements that he is reported to have
made relative to the question Of the status
Of the company's charter rights in Council
Bluffs.
w have no knowledge Of the opinions
Of Attorney General Byers and City Solicit
tor Kimball other than as they are given
in the newspapers. II would be perhaps un-
fair to Judge Of them from the brief synop-
sis there presented. II would likewise seem
that the discussion is largely academic in
view of the statement Of Attorney General
Byers that street railways are a public
convenience. No one desires TO have them
ousted.' II is perfectly evident from the
reported opinion of Mr.. Byers that he has
had but an imperfect and inaccurate state
ment of the facts. Knowing his ability as
we do. we feel assured that with full
knowledge of the facts he would never
have given the option with which he
is credited. As an example. there were two
franchises to the East Omaha Construction
company and Mr.. Byers seems to have
given attention to but one and that the
least important.
Thinks formation imperfect.
That he should be misled by inaccurate
Information and assumption Of fact is not
at all strange, in view of the fact that
his time and that Of his office is completely
taken up by the discharge Of his public
duties. This is a matter Of purely local
concern which he, as attorney general.
has nothing to do. He evidently made his
investigation and gave his opinion simply
out of courtesy to the few citizens by
whom his opinion was requested. While
the newspapers state that Mr.. Kimball
agrees with Attorney General Byers' those
two exceptions would seem to cover the
whole question Of the validity Of the street
railway franchise. 1t is not at all strange
that Mr.. Kimball, with HIS better knowl-
edge of local conditions and history, should
have a more accurate knowledge of the
facts than Mr.. Byers.
These franchises and the rights OF the
street railway company have been investi-
gated and passed upon by Parker, Sheehan
a. Collins OF New York, the firm Of which
Judge Alton B. Parker is the head; by
Strong 81 Cadwallader of New York, the
firm Of which Mr.. wickersham, the present
attorney general OF the United States, was
then a member. and by Guerensey, Parker
& Miller of Des Moines.
"All OF these gentlemen investigated the
validity of the street railway franchises for
clients not then Interested in the property,
hut who desired an investigation made of
the validity of the franchises in order to
determine whether or not they would in
vest large sums Of money in it's bonds.
GV - -
the general counsel Of the street railway
company. made careful investigation Of the
validity OF these franchises in order to adj
wise his clients whether or not to take
over the Council Bluffs properties. Each
OF these eminent lawyers made this in
vestigation from an absolutely impartial
standpoint. and in order that they might
give an opinion to clients upon matters Of
large Importance.
TT would be impossible to find east OF
west lawyers OF greater eminence or upoT
whose legal Judgment more implicit re-
lance Is placed by great business interests
Not Inviting Controversy.
The street railway company is not an
ticipating or inviting controversy, but viii
continue in the future, as it has in tbs
past. to endeavor to merit the confidenc'
and good will Of the people OF this city. L
has given to cur citizens a street railwa,
system which is looked upon by experts az
} a model and unsurpassed In It's %equipmen
and service by any street railway line II
the United States. II has introduced meth.
DDS tending to the comfort and convenience
Of it's patrons and the protection of tn
lives Of its passengers. employees and th'
. public that have been copied by the stree
I railway lines OF metropolitan cities.
the institution for the deaf was being agi
tated our Commercial club and city coun
ell. relying upon the provisions Of a fran
: chise which had been granted TO the Coun
ell Bluffs. Tabor & Northern Railwa,
company. pledged the honor Of the citl
to the construction Of a street railway lin
10 the institution II II was not removed.
when the failure OF the Tabor line L
matertalize left our city without an,
means of carrying out its promise it ap
peaIed TO the street railway company. Tha
company, without the shadow OF legs
obligation therefor. but purely as a mat
ter Of public spirit and to enable the oiti
gems OF Council Bluffs to comply witt
their pledge TO the state. invested man,
thousands OF dollars in the construction o
a line TO the institution. with the absoIut
certainty that IL was entirely untustifie
as a business proposition and done 0nl
as a matter OF public spirit and to NEE
the request OF our city. Only a few week
= ago the advent OF the first car over tina
line was received at the institution wit
the claim as a redemption Of the pledge
a faith of the city.
n Every COMMITTEES OF the city council, q
"a the Commercial club or OF citizens VIII
have gone 10 the officers or directors q
- ] a.. s4-..# -.Hru-..r -. -f.A -
have been received with courtesy and the
B request considered in a spirit Of broad lii
erality. No request has been made upo
the company 10 aid in any public enter
prise Of Council Bluffs where the rogue.
has been refused. This agitation ha
come from three sources. the demand q
a few people not backed up By the mi
jority sentiment Of the city for a seer