Omaha daily bee., 1910-11-13
Council Bluffs
RAIL LINE OUT FOR CHARTER
Decline to Listen to Action that Does
not Clear Title.
SOME CONCESSIONS ARE MADE
CITY Council Has Long session Con-
siderins Expenses OF Car Lines in
Return for o. n. on Manawa
Franchise.

Legal representatives Of tile Omaha &
Council Bluffs Street Railway company
yesterday refused 90 permit the consld-
Grafton by the city council OF any change
In its resolution authorizing the extension
Of its ilnes on Harrison. North Eighth
Pearl streets and First avenue. that would
IN the remotest degree withhold the rccog-
milton by the city OF the validity OF the
lake Manawa and East Omaha charter
with its thirty-seveA years OF uhexpired
existence.
Every effort made 10 modify the original
resolution 20 that the councils action
would not bind the city. or secure the fur
Their postponement Of It's passage was voted
down by six OF the aldermen opposed 20
. the other two, YOunkerInan and Harding.
The entire forenoon wds devoted 20 the
consideration Of the measure and Il was
finally passed shortly after noon after the
list Of streets originally named had been
expanded 20 include the extension OF the
Pierce street line to Walnut Hil cemetery
and compliance with the request OF the
so southsiders who petiuoned for extern
eiona covering a large section OF the town
south OF Sixteenth avenue
Harding Tries for Delay.
Efforts made By Alderman Harding to
secure delay IN the passage OF the reso-
luton. seconded by Younkerman, and sup
ported BY the appeals Of several citizens
who came as representatives OF many 9TH
sTs, failed utterly. Spencer Smith. repre-
senting the Citizens Improvement club,
and Attorney Peterson. appearing IN be-
half Of another large number Of petition
era pointed out the danger Of any official
action that might tend TO validate the
a.
agreed was far from being such as the
best interests Of the city required. As a
lawyer Mr. Smith said he fully agreed
with Attorney General Byers and City So
licitor Kimball when they declared that
the Manawa charter was full OF holes, and
that the presentation OF this resolution wal
for the purpose of stopping some OF thos,
perforadons.
The charter under which the Council
Bluffs street railway has been operated
expires next year. and II the Omaha 4
Council Bluffs Street Railway company
can succeed IN validating the Lake Man
ava charter It will give II franchise that
could not be improved for the fullest bcne
fits Of the company, which has a ninety
nine year lease on the Bluffs lines and 4
could not well be worse for the city as
complete surrender Of about an its rights,
said Mr.. Smith. Until the attorney gen
eral Of the state. oolaboring with our city
attorney. discovered that the Manawt
franchise had been violated. and the city
Instructed It's legal department TO begin
suit against the company seeking the for
fixture OF its charter rights, you hears
nothing about extensions OF service
Az 20 the Chatter.
The extensions now offered are condi
tened upon the agreement that you with
draw this suit and make no examination
OF the charter question. You got much b!
the delay already granted in answer 4
popular demand-the extension Of the line
70 walnut IIin and network OF prom
Used lines IN the south part OF the city
Hasty action a month ago would hav
lost all this. Hssty action now may b
much moro costly. II the council thirteei
years ago had Incorporated q provision Il
the ManaWA charter which asked for a
a representative OF the people this com
pany would not be asking rne passage 0
this resolution"
Alderman Harding then presented a con
current resolution, AZ the request OF tn
ciusena. granting the right Of the compan
90 make its extensions, but limiting IN
liability Of the councils action validatin
the detective franchise. The concurren
resolution waa vigorously opposed an
killed by the c0mpany's representatives an
all or the aldermen except LOHnkeFHlh
and Harding. The resolution followsi
BE II Resolved That a concurrent ress
luton OF the mayor and council, now pend
ing, be and a hereby amended, az follow
BY adding 10 the end thereof the fOilOwin
sThs foregoing reoitalu ana resolution ar,
upon the express conditions and stipuls
sS S rs s" and he rScissls there
shall not In any manner be construed
Sf S ~ ~ sS saTtssa ~ ISsa ~
bluffs Lake Asnawa 3 mast Omaha Col
aasigned 70 the Omaha s. Council Blur
suburban Railway company and % q
Bridge eoInpany, and the city shall not
estopped from denying or QUESTIONING az
SlsnS1 ssn 81 ., 1S eo as t Hoer ~
named IN the resolution"
What Was Desc.
The orisinAi resolution. amended 70 II
ciudo car line extensions on East Pier,
street 20 the east line OF the Walnut III
oemstory. on Sixteenth avenue west
Eleventh or Twelfth street and them
south 70 TWenty-fifth avenue was passs
The amendment 70 include these stree
npeoifIsd that the extensions would
made By ial1. 4 the streets were paved !
that time. ana Alderman Beebo obieote
GaaiAring that 'soms Of the streets won
not BE- paved 10 q thousand years and
- verbal agreement was made that the III
% Sixteenth avenue 10 Eighth street shou
BE- constructed as soon as the paving W
laid and the other south aide sxtenElo
mada without regard 20 paving.
The paving reservation was included
TIE Pierce street line and the intimau
waa made that a paving resolution wOu
be introduced at once ordering Pierce sire
and McPberson avenue paved. II done
al THE long stretch OF paving win ha
20 Be paid for largely BY the city. y
nearly half the distance the property
the south side Of the thoroughfare f. u
improved and taxed az agricultural liant
and there are many vacant lots on I
opposite aide. A large block OF the paw
win have 20 be borne by the cemetery Z
ISOLATION and there &c a question whett
o. not cemeteries DO not come under {
publio park exemption, thus throwing {
burden Of the paving on the city.
IL the street railway company does
a has agreed 20 do q has given very "a
for what Il has received" said Spend
smith.
Have quality but buy right Ia
prices ealk. orooegy department speoia