Omaha daily bee., 1910-10-12
Council Bluffs
NO ACTION ON FRANCHISE
City Council Votes to Hold Up Street
Railway Proposition.
MALOEEY SAYS TIME TO PASS IT
Number Of Aldermen Not Rehdy 20
validate Lake Manawa Charter
for Tbirty-FIve Years
Longer.


In the presence Of an audience that
oiled every seat in the council chamber
md occupied all OF the standing room,
even overlooking into the hallway, the
'ity council last evening voted to hold
1p for time the passage Of the resolu-
ton prepared by the attorneys for tho
Omaha g. Council Bluffs Street Railway
company authorizing some extensions to
its lines in Council Bluffs. The delay was
for the purpose Of giving opportunity for
further invest cation OF the resolution in
relation to its effect upon the old Lake
Manaws and East Omaha fifty year
charter secured In December, 1897.
Alderman Harding, in an earnest talk,
questioned the wisdom Of passing the
resolution at all and declared that 1t
would be most unwise to pass ii at the
present time. He believed there was a
danger in 1t that would bring harm TO
the next generation. and that It was
against public policy to take any action
that might bind the city for the next half
a century. He wanted plenty OF time for
a fun consideration OF every phase OF the
matter. The applause that greeted him
when he sat down showed that tho au-
dience was in hearty sympathy with the
sentiment that demanded caution.
Mayor Maloney said that there was not
councilman who was not familiar with
the whole situation. The matter of car
line extensions had been up for a year
and was deferred from last fall to the
spring and 1t mad just now reached TO-
GUS after the hardest work bv the joint
committees Of the council and the Com.
morcial club.
We've been trying to get something
done for the last twenty years; now we've
got chance to get q start toward what
We want and we ought not to lose it."
Alderman Hounkerman said the company
was not only offering about half what wa
offered year ago, and Mayor Maloney
called upon Alderman Rigdon to disprove
It. Mr.. Rlgdon said the present offer OF
the company was but little different from
the other, the only omissions being the
East Pierce street extension and the sub.
sutution OF the North Eighth street line
for the one proposed extension through
North Main street and Washington avenue
to Harrison street. He felt that the pas
sage OF the resolution would cure all the
defects Of the old fifty-year franchise He
said II was a serious thing to bind the
city for thirty-five or forty years at any
ing offered for such sacrifice.
KimbaII's Opinion.
city Solicitor KimbalI said nc had pre-
pared collaborating with Attorney Genera
Byers. an elaborate opinion after a mos
searching examination into the street rail.
way company's franchi e. 1t was found
that the franchise Of the original car line
company would expire in 1911, and that the
fhty-year7 charter acquired by the COM
penE hy Abe purchase of the East Omaha
ana lake Manawa Suburban company was
not meant Tor general street car system
but Tor the purpose OF running a line
through the city II was very liberal and
granted rights that were of a auestionab hi,
character. Except for a line through IN,
city from East Omaha 20 Lake Manaws
that ordinance is dead" said Mr.. KImbau
but the moment you touch It with suol
a measure az this II becomes a live thing
Attorney General Byers said the orIlnanc,
was invalid, but I thought otherwise. tn,
councils act gives and grants rights no
granted by the charter and makes Il vaIit
on every street specified in this way
Thirty-sevens years Is a long time I,
msten this franchise upon the people. Tn,
council should not be too hasty. but tn,
members should know, and the peopl,
Of such action may be-"
President Stuart OF the Commercial ct,,h
and one Of the members OF the Joint com
mittee, said the council had by the passag,
OF similar resolutions already validated IN,
nfty-year charter II II could be validate,
by resolution, and read part Of a reso
luton granting the company the privileS,
to extend Its lines TO the Iowa school 70
dear three years ago, naming Third street
Ninth avenue and South avenue.
Or. Jennings, f. w. Miller Thomas O
Harrison. Emmett FINLEY and Others con
tinued the debate until after II o'clock
broadway Paving Bida.
Bids for the repaving OF Broadway wer
opened, with ID. A. Wickham biddin,
against two outside contractors. Tn
specifications required cash offers ne
yard for the old granite blocks. Wick
hams bid was u.ss per yard for the nav
ing and 70 cents for the old blocks. NJ
II. Ford Co. OF Cedar Rapids bid IN
same for the old granite. but wante,
NS per yard for the new work. GeorR
D. orr OF Galesburg fixed the price 0
the new work at N.G per yard and OF
fered only % cents for the stone. Tn
bids were submitted to the engineer 70
tabulRtion
duced some time ago requiring the wa
ter company TO maintain a water levs
IN the Fairmount park storage reservoi
OF 70 feet that head being necessary 4
permit the water 70 flow into the serv
ice pipes OF a large number OF propert
owners residing In the hin dIstricts an,
who have been paying for water All m
time ana frequently not getting il half tn
time The ordinance requires the city On
gineer 70 take the levels at frequent In
tervals' keep sn official record In his OF
nee and noufy the mayor whenever tn
level deseends below the required head
The ordinance makes Il the duty OF IN
mayor 10 take legal action. II necassar,
using the engineers data FOR evidence I
compel the company to maintain the leys
speeined-
Real Estate Transfers.
TasSe uansfers we're reported To The Be
MondHH October 70 BY the Pottawattaml