Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-08-27
DISAGREEMENT WITH INrERuR-
BAN COMPANY RESULTS IN
A BAD TANeLE..
CUSTER SUIT FILED
BY CITY SOLICITOR
Attempt to Declare Franchise Void
Has Effect Of Tying Up Paving at
1T. Dodse-Mass Meeting Hold and
Agreement With lnterurban Com
pany is Reached-other Iowa News.
Special to Times-Republican.


Fort Dodge, Aug. 27.-But for q
mass meeting of business men We'd
nesday afternoon and again today i. is
likely the paving of Central avenue.
for which the creosote blocks are now
in transit between Granada, Miss, and
this city, would have been indefinitely
held up.
Central avenue was ordered paved
by the city council against the re-
monstrances of so per cent Of the prop
erty owners along the street, because
1T was necessary at this time for the
Fort Dodge, Des Moines & Southern
lnterurban railroad to relay its tracks
Disagreement Results.
Following the order of the creosote
blocks, came the disagreement between
the city and the street car company
as to whether they had right to va
cate a street at their pleasure and lay
line Of track on another without con-
sulting the council, which had been
done after an injunction had been is
sued restraining the city from in any
manner interfering. Monday the Ia
terurban company announced they
sought harmony and as an olive branch
held out to the city the fact new cars
had been ordered for the city Ser
vice, that on Tuesday morning lease
would be signed for the Crooked Creek
same would be electrified and con-
nected with Fort Dodge by a short line
running to Brushy
Custer Suit is Filed.
But there We're those in the city who
felt the fight should be waged to the
death City Solicitor Mitchell on Tues
day filed an custer suit against the
company, asking the court to declare
the franchise null and void and to ex-
pell them from the city. Wednesday
forenoon Pres. A. D. McQuilkin of the
Commercial Club called mass meet
\ ing of the business men of the city.
| Then it was discovered that the city
administration, thru the filing Of the
custer suit, was liable to cause the
holding up of the paving on Central
avenue Indefinitely, since the interur-
ban company would not relay new steel
on Central avenue until the custer suit
had been decided, and until the new
| steel was laid, the paving would have
to be held up.
Dyer confers With Business Men.
| Following the mass meeting on We'd
nesday afternoon, Judge Dyer, of
Boone, general counsel for the interur-
ban company, was invited to the city
this afternoon to confer with the bus
| mess men and to make definite
statement as to what the interurban
company would do for the city in re-
turn FOR a cessation OF hostilities. At
1 torney Dyer announced the filing of the
custer suit had practically ruined the
prospects Of his company for raising
finances for the purchase of the Crook.
ed Creek line at the expiration of their
lease, and offered on condition the
custer suit was withdrawn, to start at
once the laying of the new steel on
Central avenue, install two pay-as-
you enter cars as soon as the same
were completed and inaugurate a bet
ter street car service in the city, to-
gether with proving to the satisfaction
Of any one before Sept. Is, that his
company had really secured a lease Of
the Crooked Creek road.
Offer is Accepted.
| The liberality of the offer Of Attor-
lASS DSSl dppSdleu 10 LH0 business
men of the city with the result q stip-
ulation was ordered drawn up between
that gentleman and City Solicitor Nit
chell. according to the terms of which
all action against the interurban COM
pany is withdrawn and on condition Of
the fulfllment Of their promises will
be dropped for all time, altho the city
is given the right to test in the courts
at some future date Its right to gov
ern the street car company in the use
Of the streets and alleys. The stipula-
ton was presented at special meet
ing of the city council this evening and
was ratified.
! Attorney Dyer now announces the
rails for the new line on Central av-
enue will be forwarded to this city
Friday morning. This will allow Con-
tractor o. P. Herrick of Des Moines, to
start preliminary work on the paving
| Afnndov N, nrniyO