Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1916-02-08
CITY WILL DEMAND
VIADUCT BE BUILT
Commissioners Will Ask Legal De-
partment to Take Action
Against Missouri Pacific.
DUNDEE1rEs ARE UP IN ARMS


Following a severe excoriation of
the Missouri Pacific railroad COM
pany by citizens of Dundee, the city
council recommended the adoption
of a resolution directing the city
legal department to proceed at once
to require the company to build
viaduet on West Dodge street, or to
manifest some signs of good faith
toward the elevation Of tracks.
City Attorney Rine explained that,
in his opinion, the best way to pro-
coed would be to go to the federal
court at st. Louis and secure an ORA
der authorizing the receiver of the
Missouri Pacific to spend money for
the improvement in question.
Attorney Under Fire.
Yale c. Holland, assistant attorney for
the Missouri Pacific stood before the
city council committee of the whole and
withstood as best he could a whitening
fire of words from patience-exhausted
Dundeeites
w. II. Defrsnce said: 1--WE would like
to see the city commissioners enforce
the law. This Dodge street viaduct
comes within the same category as
taxes There is no legal excuse for the
Missouri Pacific not complying with the
law. We are here to find out why the
law In this instance is not being en-
forced"
Gives History of Case.
Howard Smith gave a history OF the
Dodge street viaduct from February 1,
1909, to the present date. He related an
experience last spring when street car
was almost struck by a freight train
THE responsibility rests upon the heads
of you city commissioners. / want the
city legal department directed to pro-
coed to compel the Missouri Pacific to
act at once. 1t is up to you as city Of
ficials to save your reputation by foSc-
ing action on this matter. Unless tina.
city commissioners take the bit in their
teeth we will never get anywhere in this
viaduct fight" said Mr.. Smith.
Gentlemen's Agreement.
Commissioner Hummel asked Attorney
! Rine what he thought of the conference
held by the railroad people and the city
commissioners last spring, when it was
| understood the company would be al
! lowed to complete other work before
starting upon the Dodge street viaduct.
Il always regard verbal agreement
between men as binding as any other
kind of agreement" replied the city at
torney.
Not with the Missouri Pacific" re-
joined Commissioner Hummel.
| w. w. Slabaugh. w. f. Baxter and
| Stanley Rosewater spoke for the Dun
| dee people Arthur Pancoast suggested
the possibility of the Missouri Pacific
disseminating service over the Belt line
until the viaduct shall have been erected
Attorney Holland, for the railroad COM
pany, said in substance: During the
last seven years the company has not
made enough money in Nebraska to pay
operating expenses in this state. The
building of the viaduct is a matter of
conditions. 1t is the desire of the re-
ceiver of the road to build the viaduct
as soon as he has the money, which he
does not have at this time, but hopes to
4 have before long. We have at this time
and will file within the week plans for
the elevation of the Belt line tracks. We
are unable to specify any exact time
when we will be able to start the
viaduct or the other plan Of elevating
the tracks," 4
Emphasis was placed upon the fact tl1t
in ali of the litigation the city was sus-
tanned on every main point. even TO the
supreme court of the United States, 1t
was alleged that the Missouri Pacific had
been pursuing ''watchful waiting
policy.
The city commissioners seem impressed
with the idea that the Dundee people at
tending the meeting are much I'm earnest
about this viaduct matter and intend to
follow 1t up with determination.