Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1916-09-15
w. J. ConneN Says Street RailDay
Franchise Is Not Perpetual One

equipments should revert to the city
of Omaha. Under this law and in
pursuance of its provisions the city
of Omaha, BY its mayor and city
council, on the 18th day of October,
1868, passed an ordinance known as
Ordinance No. loo, granting to the
Omaha Horse Railway company the
right to construct and operate its
street railway tracks over and along
such streets in the city Of Omaha as
the company might thereafter select
for that purpose. Under this ordin-
ance and the legislative enactment re-
ferred to, the Omaha horse Railway
company proceeded to construct its
tracks and to operate the same so
continued until about the year 1880
when for the purpose of evading Mrs.
Doelittle's judgment and other just
liabiliries, Its stockholders organized
new company, known as the Oma-
ha Street Railway company.
Again Recognized.
Later on, it was again reorganized
under the name of the Omaha &
Council Bluffs Street Railway COM
pany, but before this organization
could be perfected, it became appar-
ent that to give it any right to the
streets. of Omaha it would have to
obtain an assignment of the old fran
chise rights of the Omaha Horse
Railway company. This assignment
it secured and in order, to make the
assignment Of any value and secure
the benefits OF the old Horse Rail-
way company franchise, it was
obliged to pay the debts OF the old
company, including the judgment of
Mrs. Doolittle. The new company
was then secure in the saddle with its
right t. occupy the streets of Oma-
ha until 1917
Speaking of the assignment of
other franchises to the new company
he said: II know all about them and
assert most positively they are moth
ing but a rope Of sand, which will
give way at the very first test that
is made"
As to the so-called Street Railway
Consolidation act" of 1899, permitting
two or more street railway companies
to pool their stock with power to
hold in perpetuity the prop
erty, rights, powers and fran
,chises converted upon said con-
stituent companies" by which it is
claimed by the street railway COM
pany that the time fixed as the ex-
piration of its franchise is extended SO
as to make its franchise perpetual
one, he called the claim absolutely
absurd. The real purpose Of this
claim and other like contentious"
said he, SIS to secure, with the aid
of a club, an extension of its ex-
isting franchise, which by its terms
expires on the first day Of next Janu-
airy.
To Lay Foundation.
1t is to lay the foundation for a
plea of estoppel. 1t is to get indi-
rectly and without the real purpose
being known or understood rights and
extensions which it would be impossi-
Bile to secure directly.
1T is now only matter of few
months when the city will have the
absolute right to the street railway
and to operate it as it should be oper-
ated. Nevef did the city have a
greater opportunity. Never could a
greater service be rendered to better
their condition. The one great thing
at the present time. is not TO lose the
rights we have and little later take
such action as will enforce and secure
these rights
Among other business OF the even
ing the Southwest club approved that
delegates to the Federation of I'M
provement clubs introduce resolu-
ton in the federation requesting the
city counc Ito call meeting of all
civic bodies to pass upon future bond
issues.