Omaha daily bee., 1910-01-29
Council Bluffs
Councilmen
Run Against
Hard Problem
Street Railway Company's Request
for Right to Occupy Certain
Streets Not ACTED Upon.

The city council, meeting as q committee
Of the whole in executive session" behind
closed doors. in the office OF Mayor Ma
loney last night, failed to reach any decls-
Ion relative to the proposition submitted
last Monday night by President G. W.rWat-
Ties OF the Omaha & Council Bluffs Street
Railway company. After the 'councllmen,
with Messrs. Harl and FINLEY, local at
torneys for the street railway company,
had threshed the whole, matter over for
two hours or more, they were no nearer a
solution of the problem than when they
started.
Following the executive session, the coun-
ell met and adjourned to next Monday
evening, without any report from the COM
mittee of the whole being presented. Tho
councilmen merely met so as to go through
the. %formality Of adjournlns to next week.
The hitch In the negotiations last night
was, as Il was last Monday night, the fear
on the part of some of the councilmen
that to adopt the resolution giving the com
pany the right to select and occupy certain
streets on which 1t proposes to make ex-
tensions under the fifty-year franchise
granted the Council Bluffs, Lake Manawa
& East Omaha Construction company IN
December, 1897. would be practically to ac-
knowledge that this franchise was still
valid and in force.
The attorneys for the street railway com
pany commended, however, that the adop-
ton of the resolution would in no way af-
feet the validity of the franchise. They
argued that the passage OF the resolution
would not grant the company any further
rights than it now has, and that IL did not
possess any rights under the flfty-year
franchise, the council, by merely adopting
this resolution, could not grant them any
now rights, as such could only be granted
by a vote Of the people OF Council Bluffs.
II the ordinance granting the fifty-year
franchise is valid, then, the attorneys
argued, the grant Of these additional streets
would necessarily be for the life of the
franchise and not for any longer or. shorter
period.
One of the councilmen favored granting
the use of the streets named by the com
pany for a period Of five years and then al
the end Of that time to have the question
Of the franchise rights Of the company
determined. To this the attorneys would
not listen.
1t was also suggested that the resolution
be adopted with a rider to the effect that
1T was not to be construed to extend OF
validate the fifty-year franchise. To this
the attorneys likewise declined to consent
because they said such a provision would
tend to throw doubt on the ordinance, how.
ever good 1t might be, and therefore the
company would be unable to borrow the
money needed for the proposed extensions
which they stated would entail an expendi-
ttre of about $780, O0.
The discussion last night, 1t is said, de.
veloped the fact that City Solicitor Kimball
~ now inclined TO the opinion that the
~flfty-year franchise granted the Council
Bluffs, Lake Manawa & East Omaha Con.
structiQn company is still valid, although
the right to occupy some OF the streets
named in II may have been forfeited, this,
however, being something that the courts
would have to determine.
Although not used as a threat by the
attorneys for the street railway company,
the councilmen were given to understand
that in the event of the city and the street
railway company being unable to arrive
at an amicable settlement OF the contro-
Yersy the use Of the scent fare commute.
'tion books between this city and Omaha
would undoubtedly be discontinued. In con.
nection with this phase OF the controversy,
It has been stated, although not from ar
official source. that the company has given
orders that no commutation books good
after February 1 be Issued.
Some of the soIncilmen, it Is understood
favor deferring action in the whole matter
Until after the city election.