Omaha daily bee., 1910-01-05
Council Bluffs
COUNCIL WILL NOT APPEAL
Not Enough. in Licenses to Fight
Dairymen.
ALL COWS MUST BE INSPECTED
Another Meeting Arranged with
street Railway Company in Effort
TO Reduce Grade on
Avenue A.

The city council last night decided not to
appeal from the decision Of Judge Snyder
Of the superior court in the pure milk
ordinance case, in which the court held
that the city had not the right to require
dairymen and milk dealers to pay for a
license from the municipality to sell milk.
1t was shown that the expense of taking
the case to the supreme court would be in
excess Of the revenue derived from such
licenses. City Solicitor Kimball, on mo-
ton of Councilman Morgan, was directed
to draft an amendment to the ordinance
eliminating the license feature.
Although the council decided to eliminate
the license provision Of the pure milk ordi-
nance, dairymen and milk dealers will be
required to secure a permit from the city
clerk before being permitted to sell, and
this permit will not be issued to any
dairyman or dealer who does not comply
with the other provisions of the ordinance,
such as having his cows given the tuber-
culin test and his buildings and equipment
kept in a sanitary and cleanly condition.
street Railway Agreement.
Another effort will be made to come to
some agreement with the Omaha & Council
Bluffs Street Railway company relative to
bringing the c~ompany's tracks on Avenue
A to grade, and Councilmen Jensen, Bell
niger and McMillen were appointed a COM
mittee by the mayor to confer with the
company. This was done at the sugses-
ton of City Solicitor Kimball and City
Engineer EtEyre, who submitted the fol-
lowing report;
Your city engineer and city solicitor have
mad a conference with Mr.. r. A. Leussler,
secretary OF the Omaha and Council Bluffs
Street hallway and Bridge company ana
MIR. Emmett FINLEY, counsel to the COM
pany, relative to a suit to compel the said
company to bring their tracks to grade on
Avenue a west of Eighteenth street in
stipulation with the solicitor agreeing to
appear and answer to a petition filed In
such case during the January term of
said court and on or before the LIST day Of
FOUR engineer and solicitor believe, how
ever, that there are some matters that can
perhaps be agreed upon between the city
and the company which will simplify such
action and perhaps render the same un-
necessary II the company will act upon
such agreement. We therefore recommend
that the committee of the whole fix a time
Tor meeting the representatives of the
company and having a conference with
them upon the matter connected with the
change of the tracks to grade. There are
some places in this grade where It would
appear that a modified grade for the tracks
should be adopted east OF Twentieth street
and there are other matters which your
engineer and solicitor think may be agreed
upon to the advantage Of both the city
and the company.
We therefore request that the committee
of the whole meet such Representatives
some time during tn coming week and go
over the situation.
Bills to be Paid.
In accordance with the opinion of the city
solicitor. that the firm was entitled 10 the
compensation, the council ordered the bill
of Harl & Tinley special counsel In the
municipal water sSVorks litigation, for 81, $50
paid, and the auditor was directed to draw
a warrant for the amount.
The National Bridge company, in a com.
munication to the council. claimed ROYALTIES
of $769. 20 on the North Eighth street bridge
and $500 on the Benton street bridge, claim.
ing the use by the city of its patents in
the construction Of these bridges. The
claim was referred to the city engineer and
city solicitor.
Fearing that in the event of a sudden
thaw the present ice gorge at the Eight
street bridge over Indian creek might re.
suit in serious damage, the city engineer
was directed toTnotify the contractor fol
the new bridge. Z. A. Wickham, to remove
the present structure at once In case OF
danger from his source.
The council adjourned to Thursday after.
noon, at which time 1t will assess up re.
certify completed sidewalks and paving.