Omaha daily bee., 1917-02-20
STREET CARS WON'T
STAY OFF STREETS
Company viii Not Relinquish
Property to City and Won't
Pay Fine, Says Webster.
LET COURTS SETTLE IT ALL

The Omaha & Council Bluffs Street
Railway company, represented by
John L. Webster, will not recognize
any resolutions or demands OF the
city council in connection with dis
puted franchise rights.
Attorney Webster maintains it
would be against public policy for his
company to ceas operations OH the
streets mentioned in resolution
adopted by the city council on jan
uary 3 and transmitted to the street
car company by the city clerk in the
form OF demand. y-.rt
Neither will the company pay $500
day fine for failure to comply with
the demands OF the city council. Mr..
Webster takes the position that fran
chise disputes should be settled in the
courts, rather than by resolutions
adopted by the city council.
Public Policy.
The following communication has
been sent to the mayor and city coun-
Gil by Mr.. Webster for the street
railway company:
THE Omaha g. Council Bluffs
Street Railway company cannot COM
ply with your demands. as made in
preambles and resolutions, adopted
under date of January ., 1917 To
stop the operating Of street cars upon
the various streets you name, until
the matters in controversy between
the city and company should be
finally settled by adjudication or 9TH
erwise. would so seriously interfere
with the convenience of the travelling
public as to prove calamity. 1t
would result in much disturbance OF
business to the thousands Of people
who travel to and from the depots OF
this city on Tenth, and Farnam streets
that II would arose a storm OF COM
plaitn that neither your honorable
body nor this company could be ex-
pected to withstand. II presents a
situation where the damands OF the
travelling public and OF the, business
welfare are so all important that
neither OF us could present an cx-
cuse for not operating the street cars,
that the public would accept for a
single moment.
There are provisions In your reso-
lutions which are equivalent to a
declaration that IT this company shall
continue to furnish means OF trans
portation to the public after this date,
il shall be penalized in the sum OF
$500 per day. This company cannot
with due regard to its duty to the
travelling public suspend the operation
Of its cars, neither can II concede to
the demands on the part OF your hon
orable body that II shall pay the sum
OF $500 per day II it shall continue to
give the public transportation service.
We cannot recognize the right OF
your honorable body to penalize the
company or to forfeit its property be-
cause II continues to operate it.
Won't Pay Fine.
This company does not mean to
ask any rights or privileges which in
the judgment OF its board do NOT prop
erly belong to t, neither does il mean
to deprive the city OF any property
rights or privileges that belong to it.
II there are differences, they cannot
be settled by the declaration OF either
party in interest but must be adjusted
and determined either by amicable
negotiations. where both parties may
be heard in the statement OF the facts,
or by judicial tribunals after fair in
vestigation. This company will not
seek to retard or delay the settlement
of any differences that may exist by
I either OF the methods above sug.
gested. 1t does not admit nor agree
to be bound by the preambles and
resolutions adopted by your honor.
abte bodv IN January 1917"