Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-02-20
HERMAN OBJECTS TO VACATION
CLAUSE AND VOTES AGAINST
ORDINANCE.
OTHERS PASS lToN
TWO. THIRDS VOTE
Ordinance Will Come Up For Second
Reading and Amendments Probably
Next Neutrality-suspicious. and Her.
man Engage in Tilt-WilI Take UP
Ordinance BY Sections.

the securing of q viaduct over the
on South Third avenue, was taken by
the city council Wednesday afternoon
when it put the viaduct ordinance on
its first reading. Councilman Herman
alone voted against it. He voted neg
atively because, as far as was developed
at the meeting, he is opposed to the
city vacatng a part of the avenue I'M
der the viaduct.
4 When the council refused to allow
the ordinance to be amended at yes
terday's meeting, Herman voted
against even the preliminary passage
of the ordinance to its first reading.
The ordinance must be passed twice
more before it becomes a city law.
Herman is For the "People."
There is a section Of the ordinance
that provides that the city shall vacate,
and deed to the owners Of the abuttins
land, Third avenue, from the north line
of the Northwestern property to within
fifty feet of the north end Of the Linn
creek bridge. Councilman Herman
wanted to amend this section to read
j from the north line of the Northwest
II ern's main line track to the southern
limit designated The piece Of the
street he does not want to vacate is
from the south line Of the buildings
next the railroad property to the north
line of the Northwestern.
Making frequent reference to the
people" and the public and deciar-
ing that he was "out to protect the
interest of the people from the rail-
road company, or even the council Tor
that matter" Councilman Herman an
nounced with some heat that he would
fight the whole ordinance if this sec
ton were not amended.
Would Shut Up Station.
Herman declared repeatedly, in snort
but vehement speeches, that if that
section of Third avenue from the norm
line of the Northwestern property 10
the main line of the company were va
Gated, there was no assurance tnat lHe
Northwestern would not fence OIL the
4 street and prevent teams and loot pas
u sengers travelling on the surface OF
! Third avenue in getting to the union
I station or the Northwestern's team
, tracks east Of the avenue. He pro-
poses that the city should guarantee
that entrance from the avenue to the
railroads property should not be
! | closed.
1t was pointed out to him that for
4 the Northwestern to block the Ihlro
4 avenue entrance to it's team tracks and
Q station would be scarcely good bust
4 ness policy for the Northwestern, but
Z Herman could not see it that way. 1t
was also indicated that the ordinance
H provided that the city should keep the
81 surface Of Third avenue we'll paved and
d well lighted, which would indicate that
4 the Northwestern wanted the pubic
h to continue to use the surface of the
4 avenue, after the viaduct was built,
4 to reach the station and the team
I tracks 1t was likewise argued that
: the Northwestern had always owned
4 the property in the rear of its station
J that it had allowed the public to use
it, and had never closed it to the pub
Tic because it wanted the public to
! have easy access to it's station.
Have Lively Tit.
These arguments awaited nothing
and only resulted in the liVelest TIL
in months between Mayor Jones and
i Councilman Herman.
Herman accused the mayor Of at
: tempting to railroad the ordinance
thru, to which the mayor replied THAI
II was ABOUT llIilS " Nv sum- >'AAAA-
! definite as years had been spent get
ting the viaduct project to it's present
status.
The councilman was told that he
should have raised objection to the or
dinance when all the railroad officials
4 and attorneys were here for that pur-
pose, and when all the details We're
i agreed to. Herman's excuse was tha'
4 he did not then know of this objection
To this the mayor retorted that Her
i man had been given a copy Of the or
d dinance weeks ago to study. but thai
he had lost it.
4 Pass Ordinance First Time.
Hermans motion to consider the or
dinance section by section failed tt
get second altho both the Other
members of the council agreed latel
that they were perfectly willing to Sc
consider it when the time came fo'
= amendments, which is when the ordi
= nance is on it's second reading. The
ordinance was passed on it's first read
ing over the negative vote of Herman
i and 1t will be taken UP on its secont
reading probably next Wednesday.
Councilman Lamb suggested tina
Il Councilman Herman take up the de
tails Of the section to which he OBJ
jected with City Solicitor F. F. North
q up, who had been all over this section
and had made some changes in
= when the railroad lawyers were her
in conference. Some other Sigh
amendments will probably be made t.
the ordinance the next time it is con
sidered.
What Ordinance Contains.
Summarized and greatly condense'
the yiaduct ordinance constitutes tn
following contract between the city
the steam railroads and others inter
ested or likely to be interested IN IN
future:
The ordinance becomes operativ
after adoption by the council and ap
= prevail of the Iowa railroad commits
sion. The railroads must then fill
written acceptance within twenty days
Within sixty days after the city ha
served written notice on the railroa
companies that the right of-Way TO
the viaduct has been secured the rail-
roads agree to order material and be
gin the actual work Of building tn
viaduct. The builders must com
pIeted the viaduct within eishtee
rzonths from the date they are re