Omaha daily bee., 1909-10-23
DISCUSSES FRANCHISE
Thinks Attorney General ByerS Wrote
from Imperfect Information.
HELD GOOD BY GREAT LAWYERS
Calls Attention to One Grant of
Authority which Mr.. BSera Was
Evidently Overlooked I'm
His search.

way company SAID yesterday IN giving the
company's side OF the franchise question
that in his opinion Attorney General Byers
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 rs they are given
in the newspapers. 1t would be perhaps un-
fair to judge, OF them from the brief synop-
sis there presented. It would likewise seem
that the discussion is largely academic in
view of the statement OF Attorney General
BSers that street railways are a public
convenience. No one desires to have them
ousted.' It is perfectly evident from the
reported opinion OF Mr.. Byers that he has
had but IN 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 q that the
least important
Thinks information Imperfect.
That ne 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.. Klmball, 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 tights of the
street railway company have been investi-
gated and passed upon by Parker. sheehan
g. Collins OF New York. the firm Of which
Judge Alton B. Parker is the head; by
Strong 4 CadwaIlader Of New York, the
firm of which MIR. Wickersham. the present
attorney general Of the United States, was
then a member, and by G~uerensey. Parker
& Miller Of Des Moines.
IAN OF these gentlemen investigated the
validity Of the street railway franchises for
clients not then interested In the property.
but who desired an investigation made OF
the validity OF the franchises in order to
determine whether or not they would in
vest large am OF money in it's bonds.
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the general counsel of the street railway
company. made careful Investigation Of the
validity Of these franchises in order to ad-
wise his clients whether or not to take
over the Council Bluffs properties. Each
OF these eminent lawyers made this in
v~estigation from ar absolutely impartial
standpoint. and in order that they might
give an opinion to clients upon matters Of
large Importance.
ut would be impossible to find east or
west lawyers OF greater eminence OF upon
whose legal Judgment more implicit re-
lance is placed by great business interests.
Not InyitInE Controversy.
"The street railway company is not an
ticipating or inviting controversy, but will
continue In the future, as Il has In the
past, to endeayor to merit the confidence
and good will OF the people Of this city. IL
has given to our citizens a street railway
system which is looked upon by experts as
a model and unsurpassed In its equipment
and service BY any street railway line in
the United States. 1t has introduced meth
DDS tending to the comfort and convenience
of its patrons and the protection of the
lives Of its passengers, employees and the
public that have been copied by the street
railway lines of metropolitan cities,
when the question Of the removal OF
the Institution for the deaf was being agi-
tated our Commercial club and city coun-
ell. relying upon the provisions of a fran
chlse which had been granted to the coun-
ell Bluffs, Tabor & Northern Railway
company, pledged the honor of the city
to the construction Of q street railway line
to the institution II It was not removed.
when the failure OF the Tabor line to
materialize left our city without any
means Of carrying ont it's promise it APP
peaied to the street railway company. That
company, without the shadow of legal
obligation therefor, but purely as a mat
ter OF public spirit and to enable the clti-
z ms OF Council BLUFFS 70 comply with
their pledge to the state invested many
thousands Of dollars In the construction of
a line 10 the institution, with the absolute
certainty that It was entirely unJustified
as a business proposition and done only
as a matter of public spirit and to meet
the request OF our city. Only a few weeks
ago the advent Of the first car over that
line was received at the Institution with
the claim as a redemption % the pledged
faith of the city.
EVERY committee OF the city council, of
the Commercial club or OF citizens who
have gone to the officers or directors OF
the street railway company with a request
have been received With courtesy and their
request considered in a spirit Of broad lib
eraiity. No request has been made upon
the company to aid in any public enter
prise Of Council Bluffs where the request
has been refused. This agitation has
come from three sources. the demand OF
a few people not b3cked up by the ma
jority sentiment OF fthe city for a scent
fare, That question has been submitted
to The Interstate Commerce commission
ana will be determined on it's merits.
THE company has abiding confidence in
the validity OF lie franchise rights and
does not believe that the public sentiment
Of this city would Justify or support an
attack made upon It which could be anl-
mated only by the purpose OF mere as.
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