Omaha daily bee., 1916-12-27
LAMBERT REPORTS
ON CITY'S RIGHTS
Finds City Will Have Some
Rights in the Street Rail
way Company Soon.
REVIEW OF FIFTY YEARS

| WI poiatioi >ouusSi ASahioSit suu
mitted to the city council sixty
page report of his findings with rela
ton TO the franchise situation be
tween the city and the Omaha ant
Council Bluffs Street Railway com
pany, from the beginning OF tn,
Omaha Horse Railway company fit,
years ago.
The report was referred to tn,
committee of the Who'll, for discus
sion next Tuesday morning,
Mr.. Lambert finds that, in his opin
ion, the city will have a substantial
| interest in the lines of the compan,
after January |, 1917; that certain
franchise rights will expire mex
month and another next July, aftel
which time the company could claim
no existing franchise right except un
der the grant to the old cable tram
way company, which will expire il
1928 He cites that at the time ol
the consolidation of the tramwa,
company that company had in opera.
ton only four and one-half miles oil
track.
Claims a Part.
The corporation counsel claims for
the city reversionary rights of such
property Of the present system as
may rightfuliy be traced to the estab-
lishment of the horse car company
according to specific provision in a
fifty-year franchise grant to that
company.
Mr.. Lambert is not ready to make
public specifically just what amount
of property he believes would revert
to the city, nor what. steps his de-
partment would recommend the city
should take beyond making formal
demand upon the company to show
under what franchise rights it would
seek to operate certain lines after
February 10, 1917.
There are legal phases Of this sit
uation which Mr.. Lambert wishes to
discuss with the council confden-
TALLY before taking action against the
street railway company.
Each city commissioner has a copy
of the report for perusal before the
committee of the whole meeting next
week.
Council Orders Report.
On January "a, 1916, the city coun-
Gil directed Mr.. Lambert to submit
report on the franchise status and
franchise rights Of the present street
railway company, so far as the same
may in any way concern the use and
occupancy of streets, thoroughfares
and public places of the city. The
report filed by Mr.. Lambert covers
sixty printed pages. In foreword
he states:
"The questions involved in the an
swer to your request are very nu-
merous, as you will have occasion to
see, extremely complex and intricate,
as well as difficult Of direct answer,
and some of them new, unusual and
novel to such an extent that we have
been able to obtain little or no aid
in their solution from any cases any.
where dealing either directly with the
involved. or the principles
underlying the solution Of such ques-
tons"
The report embraces history Of
all street railway companies in Omaha
since the organization Of the Omaha
Horse Railway company fifty years
ago, and leading through various
stages Of development and consolida-
ton to the present company, the
Omaha & Council Bluffs Street Rail-
way company.
Summary Of Report.
The salient features of the sum-
mary OF the report follows:
"All lines and parts of lines constructed
md operated under authority Of the grant
% the Omaha Horse Railway company may
not be operated In the streets of the city,
over It's objection. beyond January l, 1917.
AN lines and parts Of lines constructed
md operated under the authority of the
various consents may not be operated In
he streets Of the city, over Its objections,
beyond the expiration named In such con-
'ent. each expiring not later than July,
9l7. except that given to the Omaha Cable
Tramway company, which expires not later
han April 20. 1898.
That on and after January l, 1917. the |
Company will be without authority or right
o extend Its tracks In any OF the streets |
II the city.
That the company's rights TO continue |
is lines Of street railway in the streets Of |
he city of Omaha, as embraced in the |
ity of Omaha prior to Its consolidation |
With South Omaha and Dundee, are not
perpetual |
,IIpdcr tho nroyi,io,. 90 ~ $4,000. A..