Omaha daily bee., 1909-10-21
Council Bluffs

nues and alleys as said company may here
OF said city, The loop on Graham avenue
and Tenth avenue back to Broadway was
never constructed and the only streets
named in said ordinance now in use by the
company are Broadway from the Missouri
river to Oak street and South First street
from Broadway to Graham avenue and
Graham avenue from South First street to
Rights ON other streets.
Regarding the 1856 ordinance Mr.. KimbaIl
says:
The meetings OF the city council. vote
and proceedings on the ordinance as far
as the record shows, are regular and valid
insofar as they relate to the ordinance OF
1855 The records show that the ordinance
was duly and legally published and that
the written acceptance was filed within the
Time provided In the ordinance. This ordi-
nance has been generally acouiesced In by
the city OF Council Bluffs and the con-
ditions to be performed by the company
as provided therein ave been recognized
by the city as having been complied with
by this ordinance appears to be valid and
subsisting until October %. 1911.
On March 9. 1855, the, Omaha & Council
Bluffs Railway and Bridge company sur
rendered all rights and privileges granted
TO II by the ordinance OF October 20. 1886,
TO that portion OF Broadway west OF Six
teenth street and an ordinance was passed
resuming ell rights and privileges granted
to the company thereon. The said rights
and privileges enjoyed by the company were
granted by the city I'm accepting the propo-
sition of the Omaha & Council Bluffs Rail
way and Bridge company to use Avenue A
and Fifth avenue the same az then existed
with reference TO the other streets in the
city occupied by the company The right
OF the Omahs q Council Bluffs Railway
and Bridge company to use and occupy
Twenty-first street from Fifth avenue to
the Union Pacific property; Pierce street,
OAK street. Paramount avenue. Pearl street
and Main street from Pearl street to six
teenth avenue was never granted by spe-
cial ordinance to the company, but under
the provision such other streets of said
city as said company may hereafter select
with the consent and approval Of said
city, the company has been given doubt
full rights and the city acquiesced in the
use of these additional streets OF the city
under the ordinance of 1856.
Mr.. Byers gives IL as his opinion that the
street railway company. has no rights on
Fifth avenue or on Avenue A under the
1886 ordinance by reason of its surrender
Of rights on broadway. The mere aoqule-
scence by the city to this proposition OF
a change Of streets, Mr.. Byers says, was
not sufficient. City Solicitor Rimball diff
fers from Mr.. Byers on this. He holds that
by unanimous acceptance by the city
council OF the street railway company's
proposition for the exchange Of its rights
on West Broadway for the right to occupy
Avenue A and Fifth avenue were acquired
by the company and these have been
strengthened by subsequent transactions
between the city and the company relative
to these streets.
Before leaving the city yesterday after
noon for Chicago, the attorney general
stated to the LENDERS Of the committee
that he would prepare a written statement
outlining his opinion on the franchise mat
ter and would send it here in the near
future.