Omaha daily bee., 1909-12-16
CITY COUNCIL PROCEEDINGS
Claim for Library Site Lodged by q
Man from st. Louis.
REPORT ON STREET CAR STRIKE
Special Committee Brings in Findings
and Recommendations which Re
fleet on COmpany's Service
and Are Promptly Filed.

"
N.tice was given to the city council Tues
day evening that a claim is to be advanced
in the courts for ownership Of the two lots
on which the Omaha Public library stands.
The notice was sent in by w. w. slabaush
and John w. Battin as attorneys for Au-
gustus Behrens of st. Louis.
In the notice to the council It is set forth
that Behrens is the only child Of Barnett
Dehrens, whose widow died recently In
Omaha; that he is the sole heir to the
interest of his parents In the library lots;
that one Of said lots was held by the
father through adverse possession, and that
the other was transferred to iim by war
ranty deed in 1877; that in 1856, Mrs. Behr-
ems gave a quit claim deed to the lot held
by adverse possession, but that no deed
was ever given to the city or 70 anyone
else for the other lot. Hence, unless the
city makes a proposition in regard to said
claim, legal proceedings will be begun to
secure possession OF the property, which Is
described as lots 10 and 16, block 250h Of
the city OF Omaha. The CITY legal depart
ment will investigate the matter for the
guidance Of the council.
Report on street Car Strike.
Councilmen Kugel. Bridges, Schroeder
Hummel and Davis, the special committee
appointed to examine into and report on the
cluses Of the street car strike, and how
to prevent such strikes In future, sub
mitted a report. They found that the
company was not giving the best service
at the time of the strike, and that the
service at present is unsatisfactory; also
that It would be idle to 30 into causes and
possible remedies at this time. The com
mittes recommended hat ordinances be
prepared and put through to compel the
compAny to increase its service during the
busy hours morning and evening. And the
council received the report and placed II
carefully on file.
suit on Garbage Contract.
A resolution was passed, on motion of
Councilman Berka, instructlng the city at
torney to investigate the garbage contract
held by Guy l.. Axtell, and IL a suit at Jaw
will lie to compel the carrying out Of Its
terms, then such suit to be instituted. This
action was taken after a communicable
had been read from Axtell offering to sur
render the contract and hold the city
blameless for failure to live up to its terms,
IL the city would also consent to hold him
blameless for any failure to carry out his
agreement. Mr.. Axtell insisted the city has
not properly protected him, and that the
existing situation is deplorable and dan
gerous. A communication from Health
Commissioner Connell also dwelt on the
failure to gather any garbage at this time.
Protest Is withdrawn.
A communication was read from Casper
e. Yost, president Of the Nebraska TeIe-
phone company, which stated: Having
gone through the courts on the question q
tax on gross receipts, and having been
beaten at every point in the courts, 1 wish,
on behalf of the company, to withdraw the
protest" This letter referred to a pre- test
filed by w. A. Pixley, auditor Of the com
pany, last Saturday.
The withdrawal of the Telephone com
pany's protest will nave the effect of releas
ing for use by the council all the money thus
far paid in under the operation of the o.
cupation tax ordinance, all other protests
having been already withdrawn.
The city engineer will proceed to paint
the names of streets on poles adjacent t.
all corners, the council putting through at
ordinance to that effect by unanimous vote
BY a formal vote OF record, 8 to l. al
the ordinances having in view lower stree
car fares were ordered on file. The same
four, Berka, Bridges. Kugel and Schroeder
voted against filing, while all the othei
councilmen voted In favor of that action
Not a speech was sprung, nor a word o
comment.
New specifications for paving, repaving
curbing and guttering were approved
They comply with the requirements Of tn