12 THE OMAHA BEE : SUIS'PAY , JANUARY 31 , -SIXTEEN ! ) PAGES. BELONGS TO THE CITY Omaha's Claim to a Million Dollars' Worth of Valuable Land. THE RAILROAD INTERESTS INVOLVED Property Originally GSvon aa a Bonus to the Union 1'acSfio. VALIDITY OF THE ACTION QUESTIONED Obiof Condition of the Deal Kondcrod In operative By the Supreme Court. THE MISSOURI WORKING FOR OMAHA Ujr the IM\T of Accretions the City Now Ha * nn IiiillDpiituliln Clnlm to UlRhty Acre * of Vikliiuhlo Trackngo ntul Miiiiufiicturliif ; 1'roportjr. Wnllo the public spirited citlzons of Otna- Aa nro unpaged In solving tlio problem of how the Interests of the city niny bo beat ad vanced ; how union depots may bo construct- td ; how factories may bo secured and how additional railroad lines tuav bo brouuht Into the metropolis of the west , few , If any , real- Uo that at the prescnt-tlmo there Is within the city limits raoro than $1,500,000 worth of real estate that Is claimed by other parties , which m reality belongs to the city. UnrlyTownSlto Linos. As early ns IS53 the Council Bluffs and Nebraska Ferry company was orgaulicd un der the laws of Iowa , Its charter to continue for the porlou of twenty years. Enos Lowe was electca president of tun company and a boot wai put upon the river to ply between Council Bluffs and the Nebraska shore. The old town site , of 3'iO acres , extending up and down the river for a mlle or more and west to-Saundcrs street , was squatted upon by residents of the city and parties who wore In too employ of the ferry company. The following yonr congress passed aa act organizing tun territory of Nebraska. Dur ing the month of July , 1855 , tbo town "sito containing U'-'O acres was platted. Four years later , In 1639 , tno lan-1 was put upon tha market , entered und doomed to David D. Ueiden , mayor , in trust for the citizens of Omaha. By a resolution of the city council , tdontcd July 13 , Boldon as mayor was in- l true ted to deed to nctunl residents the lots K which they then occupied , and to offer all remaining lots at public sale. Thosalowcs made in conformity with the resolution and Bonds passed to the highest bidders. A neat turn was realized und passed into the city treasury. JleiHTVcd Certnin lllocks. It Prior to this time , blocks L to Q inclusive , as ihown upon the accompany Ing map , had been reserved. They had not been offered to the public , nor bad they teen claimed by any of I the parties who had squatted upon the lands In and about'tho city. At that early date the Missouri river flowed through wlml is now ICLOwn as Saratoga I bend , through Cut-Oil lake and. almost duo south past tbo high bluff m the 'roar of the Omaha Milling company's buildine at the east end of Clark street. Then it ran almost duo south , the west bank being 400 to 509 foot.oast of the blocki of land mentioned. The saino condition of the river is shown by the maps of the government surveys of 1850 and 18SS. 1 IVhnt the Kurly Survey * Showed. Tbo A. D. Jones map of Omaha , made m ,1854 , shows that the river intersected these blocks at Nicholas street , cut out a portion of block P and then Ilowed southeast without touching block Q. The Poppl > ju & Byora' map , made and copyrighted in 1857 , and which was adopted as tno official map of the city , shows the west bank ot tbo river to have been from 400 to 500 feet cost of the blocKs heretofore mentioned. It shows the river to have interjected Grnco street at or about on tbo line of Sixth street , extended. From that point It flowed south east , leaving a wide levee in front of all the town site to a point as far south BA Paclllo itreot. In nil of tbo council pro ceedings ol the ' 30s the strip of land is re ferred to as "tho levee , " and Is reserved for the use of'steamboats and for tbo landing of the boats of the Council Bluffs and Nebraska Ferry company. In iho changes that took plaro along the river during the years from 1850 to 1870 , the ferry reserve from Webster street to a point as far south as Jackson street was entirely wasbod awuy , but above Izard street , instead of being eaten up by the river , it widened out constantly and gradually , adding more ana to the levee or river front. During all of these years the strip of land was used by the ferry and the steamboats operating between St. Louis and the upper waters of the Missouri. It was a landing for all of the boats and was ouo of the buJiost places in the city between the months of April and November each year. I'lrnt Union 1'aclllo llunu * . , Late In the ' 50s tbo Union Pacific Railroad company conceived the idea of building a railroad from Omaha to tbo Paclllo coast. Omaha wai made the eastern terminus of the proposed road. Before active operations * were commenced , ofllcora of the company lin- > portuncd the city for aid. Among other things , the company wanted a bonus lu the VMy of lands and city lots. Proposition after proposition was suotnlttoa , until at last the city agreed to donate a certain number of blocks of city property , among them being the blocks referred to In the accompanying map und Known as L , M , N , O. P and Q. Thu deed was u conditional ono , as a copy of tha record found m Deed book P , page 181 , will how. Thn Duoil itnd ltd ( 'omlltloiu. The deed Is as follows : This Indenture , mndo the 7th day of Dec um ber. A. ! > , . INU. between' the olty of Uniulm. party of the IIrat part , und the Union I'uclUo Itiillrnud company , purly of the second Hurt ! wltnoastHli Hint , \Vhrrunt. The city council of the city of Omaliu luis thin < luy unsstiU and approved u resolution In thu words following , to Hit : Unsolved , ilytho olty council of thu olty ot Cnnulm iluittuo nut y or of suld o > ty bo , arid he U hereby mitliorUcilempowered and required to make , uxuuule and nckmiwludita and de liver lu tha Union 1'uullla ICullrond company a deed of conveyance In fee simple of the fol- lovrhiK dosvrlbeil Dlect'i. or purvols of land , slt- UHto in the county of Dounlus. und territory of Nebrabkn. to wll : lllocks I * M , N , O. 1' und Q. In said city of Omaha , us duslKiiutod aa tha lltho- Kruphfd map thuioof , made and pub lished by t'uppletou fi lijrors. suli courayuiu'o to contain a proviso that in ciue the ouateru terminus of tlio Union I'uelUo Kallroad coin puny , on the Mltiouri river sliul ! not lie hio.ted und continued within ono and ono-fourth miles of Kaitmui atroot , In siik city of Uiimlm , then and In thut case the nrcnmca hereby convuyixl Mmll revert anc bfcoino reinvented In thu siild olty. Therefore , In consideration of the promUi-s and Uie ( uiu of $1 , to the fauld party of the flmt part , In hand puld by I ho suid puly ol the uccoml part , iho receipt wlicroof Is uo- luiowlodccd , iho ald purly of the first purl liuth cruntud , bar ulned , sold , conveyed nnil continued , und by these present ! doth grant , borpuln , tell , oonvey unit conllrni unto the aid purty of thu second part. Its successort and ( .align * forever , ull tlioto certain pieces or imrceli of land , situated In the county o > oulna und territory ot Nebraska , and Ue- tpribed us follows , to wit ; lllocks UM.N. O , 1' and O.lu Bald city of Omnhu. as doslgnatod on the lltliosruphed map niuclo thereof , mudo und publUhcd by 1'opululoii & llymu. together with the upuur- touiiucea , uiito the suld , party of th itjcoui tart , tti tuocrsftor * and asvlgnt fornvor. And Jio said party of the Jlrst part aoth hereby covenant nncl njtroo with the said party ot ho second part. Us MICCCMOM nnil nstlRtiH , hat It I * lawfully seized of suld promliot : that It Inn seed r IK lit and lawful authority o soil the Bnine and thnt It will warrant and lofcnd the tltlo to tbo same , aunlnst all per son * claiming by. thrmifth or under It. Provided , however , thut In cine the custom criiilniis of the Union I'nulilc rallniad on the Missouri river Miull not bo located nnd con- Inucd within ono nnd one-fourth mlle of 'arnam street. In s ltd city ol Uniulm , then In thut CUED , the premises us norouy conveyoU shnll rovorl to and bticomo reinvested in the said city. , . In witness whereof , the mayor of the city of Umuha , the party of the llrst part , hus here unto suthlei hand and CIUISK ! tlio name to ho ittestbd by the city olorU ofsAhl city with Its corporate soul. II. 1 U. KKNNRIIV , Miiyorof tliotHty of Omaha. Attest : nTiiiiK Ur.Kn. t'lty Olork. In prcsencoof \ \ Illhim K. llnrvpy , United Situtcs Internal revenue stitinp. ISKAU ] Deed to tha HIitlit-iiMViiy. The deed of right-of-way over the levee is cgually Interesting , and u aj follows : This Incfenturo mudo the 7th day of Uoccm- > cr. In the year of our I.nrd ono thnu : tn < l L'lcht hundred nnd sixtythtcc , botwuou the city of Oinnhii. In the territory of Nebraska , of thu first part , ami Iho Union 1'ivclDo rail road ciimtinny of tlm second parti \Mtncsseth us follows , iininoly : That whereas itt u meeting of the city couiu-ll of H'lld city hold th sd.iy. the following rcsnlu- , ! on wus D"isoJ ! and adopted by said counull , Whoronii , The Union 1'acinc Railroad com pany U desirous of obtaining the rlsht-of-wuy over nil that certain p pco or uaroul of Inn I .situated In the city of Otimlin. In tlm turr.tory ot Nebr.iskii , lyniK nlonir the hunk of the Mis souri river , nnd designated on the lltho- ; ra plied pint ot s.ilil city , mudo and published ) v I'opploton & liyors. us luvee , for tliopur- pose ot constructing und miiliitniiiliiK and iporntlng three or moro tracks of said rail road over tno same , with the requisite sldo- truelis , turnouts , ( .wltuhcs , wiitrr stiitloua , warehouses und npiiitrtcntncos , nnd what ever else may be requisite nnd necessary to the operation , muliitvtiiince mid seourlty ot .said rallro.icl. Its property an1 business ; Mini Whereas , The k-rantof aucli rk-hts undprlv- lloscstosald company will hoof great benollt nnd udvuntngo to suld city , no lonfc us the Rama shall bo used by suld company ; thero- _ . _ _ _ . Ily tlio olty council of the city of Oiiiiiliu , thut the mayor of said city bo nnd ho Is hereby nutliorlred , empowered und ro- iiuliod to tiiiikc. execute und deliver to the bald Union P.iclllo Uallrond company , tholr successors , asshrncci mid grantees. In nccord- unco with tlio charter of suld city , nnd the ordinances thoreof. In such cnsos 'mndo nnd provided a dco I ot Kraut of said olty nmUlho corporate uulhorlly thereof , ot the rlght-of-wiiy over , upon und through the said premiseswith iho frou und uninterrupted liberty nnd privilege nf laying out , locating und constructing , nialnlnlnliig. operating , furnishing und enjoyIng three or moro tracks ot mild rnllrond over the sumo , with the requisite sldo trucks , swltohos. water stations , warehouses , wharves and appurtenances anil whatsoever else may bo requisite anil neces sary for the locution , construction , operation , maintenance , enjoyment nnd security of HI Id railroad nnd It ? nppurlonuncos nnd business , with free Ingress , ogress and icgross upon , through nnd over the same , to nnd for iho said company , , ts successors , assignees , grantees , teniints , scrviints. occupies anil pus- KOssnrs. Its property , trains , passenger and freight , so long as thu sumo shall ha used and occupied und enjoyed for that purpo.so by the said company , its grantees , successors nnd assignees. And further , Krsolvod , that thu rights and privileges hereby granted shall not bo so construed us to conlllctwith or Impair nny prlvlloiu heio- toforo granted to any person or persons , or bodies po.ltlo or corporate , whaisoover , li. or to thu aforesaid grounds ; that suitable cro - ftliiBi ) sh ; li ho made and provided by said company at nil oublle. Htrools crosiod by anr of the said railroad track * which ts necessary for the public to use to oiiublo It to ruacch the steamboat nnd ferry bindings , so ns not to obstruct truvol to or from Iho ferry orsteumbo.it land ings , nnd that the right of the public to traVel over and enjoy the said ground shall bo unim paired only so fur nt the re isonabto o.iorolso of the pr.vi exes hereby granted sha.l abridge the same , anil that the substance of tbls last resolution bo Incorporated In sild grant by way of limitation of the privileges of suld com pany. i\uw , therefore. In consideration of the promisesiihd the sum of $1 , lawful inonov of the United States , unto the said party of the llrst part , well nnd truly mailobyiho said party of the second part , nt nnd bcforo the unsealing and delivery hereof , the receipt whereof Is hereby acknowledged , the said party of the tlrstpnrs hath granted , bargained nnd sold , und by these presents doth grunt , bar gain und Bull unto tno said purly of the second Dirt , Its grantous , successors mid assigns the right-of-way ovor. upon nnd ihrouzh nil that cortnl'i piece or parcel of lund situate In iho city of Onialm nnd territory of Nebraska. Ivlng along tliu b ink of the Missouri river and designated on the lllhojraphcJ plat nf bald city , and published bv I'npp.oton at Byors us lovco , from the northern to tnosoiitlinin cor- puratu limits of said olty , with the free and nnlnlerriiplca liberty .mil urlvilo'o of liiylu , ' out. louallng , constructing , m iliitnlnuig , nperatlng. furnishing and enjoying three or moro tracks of sald ra Iroud , ever and upon the sumo , with the requisite s.dC- tracks , Hwltches , water stations , ware houses. whurvcH and nppcrlununccs , und whatever olsu may bu requisite uud necessary for the location. cotmruutlon. operation , maintenance , enjoyment und security of said railroad and Its business , with free iiuruss , cgiess and regress upon , through nndovorlhe sunnto and for the said party of the second purl. Its grantees , successors and assUns , tenants , servants , oocnpeos nnd possessors , Its property , trains , passengers and freight. To have und to hold ull und singular thu said rlchti und privileges aforesaid , unto the said party of the second part , its grantees , succes sors und assigns , so long as the sumo ehail bo used , occupied und enjoyed fur the purposes aforesaid , L'y the sum parly of the second part. Its grantees , successors und assigns. Provided , however , that the rights and privileges hereby granted shall not bo so construed ns to court.et with , or impair uny privileges heretofore-granted lo uny person or persons or bodies politic , or coporato what ever. In or to the said mound ; uud ; Provided further , that suitable ! eros-iln.-s sli'ill b provided by the said party of the second part ut nil public streets crossed by any ot the said railroad trucks which It Is nco- essary for tlie public to use to enable It to roach the ferry nnd steamboat , landings , an I ; Provided further , that thu right of thu pub lic to truvol ever and enjoy thuaalil promises xhall bollnpalru I only so far as iho reason able o.\cro8i ! > of the privileges hereby granted shall abridge the samo. In witness whereof Iho mayor of said city of Omaliu , the suld party of the llrst part , has licieunio set his hand us such mayor und caused the sarco to ho attested by thu city clerk of the city with Its corporate se.u. II. E. It. KKNNRUV. Mayor of tlitxelty of Urn tha. .Attest IlvuiiN UKKD , Olty C'lcrk. In presence of Gourgu II. Lake. ( .sKAi.J United S.tates lovcnuo stamp $3. How the Title Wiu Obtained. The manner in which the Union Pacific railroad company obtained from tbo city Its alleged tltlo to blocks LJ , M. N , O , P and Q , and tb' ) rlytit of way ever the Idvco Is bcsc txplalnctl by the council journal of Novem ber and December , 1HU3. At that lime the council was composed of six members , Goorca B. Luke , S. J. Good rich , D. C. Sutptioti , Henry Grebe , John Campbell and John 11. Kulloiu , with U. K , U. Kennedy mayor ana prcsidlug oillcor. At the acasiou held November 'M. ISIVt , Mayor Koutisdy. Aldermen Campbell , Good rich , Lalco and Kollom wuro present. } } .v permission Messrs. Dyu , llaiibcom. Mo- 'ConulcU , Mills , Taylor nnd Kouiilzo were nllowed to address the mooting ; upon tboqucs * tlon of doccllnfT to the Union Pacillu railroad company tbu rlnht-of-way ever the levee and tbo blocks of land heretofore mentioned. After a lengthy discussion thu matter was referred to tbo judiciary commlitoo.of which Judge Lake was chairman , with instructions to report at tbo next regular incutlng to beheld hold December 2,18C3. At the next meellnir there wns not a quo rum of the uluorinou present und the council u'.ijourtiea to moot De cember 7. When the ndjourn'id meeting was hold , It was attended by Messrs , Campbell , Goodrich , Luke , Kollom and Mayor Kennedy. Alderman Lake , chairman of the committee - too on Judiciary , reported back two rosolu * tlous , which are embodied in the deeds to the Union Paclllo llallnnd company , copies of which are published in another place In this article. Alderman Goodrich moved tbo adoption of tbo resolutions , and upon roll-call all of tha uietnburt voted "nyo. " Went Through \vlth n Ituili. Just what influences were brought , to bear upon the couuclt to luduco its members to act with such treat has to is not known at the present time. Twonty-nino years have passnd awuy , dimming the recollections of the men \vho attended the council mooting. The meeting , however , was ODD at which buslursa WM not allowed to liir or linger by the wayside. At that mooting , bold on the evening of December 7 , ISM. iho report ol the commit tee on judiciary was received anil adopted , 'i'ho ' deeds to the land belore referred to were executed , sealed and signed , to at once bo luruud over to the keeping of the rnllrond company. Tbo records show all of this , and they rho show that the business WHS transacted utono sitting of the council , ut u mojilic In at was bold pursuant to an adjourn ment taVou at a time when less than quorum of the members were present to vote upon iho proposition to adjourn. Olnlm tlio A'otlnn wnn Iltngiit. Parties who hove looltod Into the mnltor stake thotr reputation that all of the business transacted at the mooting of the city council hold on the evening of December 7 , 13(53 ( , was Illegal nnd void. They hold that tliero never was a rule adopted by which loss than a quorum of n legislative body con let adjourn tea a stated ditto. The records of the city show the facts. They show them approved by the proildcnt and attested by the clerk. They show that the committee on Judiciary was Instructed to report upon a certain matter at nstutea time ; that when that tltno came , which was n regu lar mooting of the city counull , losu than n quorum of the members were in attendance. Notwithstanding tnat fact iho council was called to order nnd the body adjourned to a staled time. Not a word appears In the records to show that a call for n special meet * ing WM lisueJ. It was simply n motion to adjourn. At that ndjotirnod mooting the busl- uossVMS transacted. Acting under the authority granted by the deeds wnich were ordered nt the illegal moot ing-of tha Omaha city council , the Union Pacific Katlroad company took possession of the whole river front , but did it llvo up to the terms of the doodt Violated Terms of the Deed , Tbo docd provided In clear and unmhtak- able terms tbat when the railroad company failed to maintain Its custom terminus wit bin ono nna one-fourth tnllrs of Farnnm street , then the property , especially blocks L , M , N , O , P and Q should rovortJto and bcoomu the property of the city of Omaha. To out long story short , the eastern terminus of the road did not remain ut the point agreed upon , but wont to tha Transfer , at or near Spoon Lake , Iowa , and three miles from the eastern terminus of Farnatn stroou The location wa * settled by a decision ot iho United States supreme court. DeclMou of the .Supreme Court. The decision in that case concludes as fol lows : "It has boon argued , however , tbat the "And the UnTotT Acldo railroad company tioo hereby covenant with the City \Vater Works company that It , ha * dona nothing whereby the tl | o to said premises can bo annulled. " f\ V ftl tot\vKtfr Work * 1'iirposes. This deed of ronvevanco wan nccoplod by the water works company rnd iho work of ostnbllihlnc Its down to.vn pumping station wa coiumcne ir The niunplng house wa > located upon the levee which wn * owned by tha city and over ( Which the Union 1'aclllo had tlio rlght-bf > wny. Two settling basins were placed upon the block purchased tram the nulroadii. As the city grow , tholr ca pacity became too small to meet the publlo demand for wat or-ntnl another basin was lo * cntod , Uili one on Cuinlng street between Seventh nnd Eighth. The real estate boom of the early ' 80s fol lowed nnd again the water works company found Itself unable to supply the public , ow ing to the lack of reservoir capacity. Tno company could not got- down onto block 823 , the ono directly south of tbd basin locntod In Uumlu ? street. In casting nbnut for moro cround It attempted to purchase block P , but that was not for s.alo. However , it .was for rout. A bargain was soon struck with the railroad company , by which the block was loasad to the water works company for a long term ot years ut un annual rental of (5'JO. Upon the execution of tha lease covering block P , the water works company com- mouccd excavating nnd soon had tbo whole of the block , toguthor with Nicholas nnd Izard streets , bctwaon Seventh and Eighth , covcrod with settling basins. Took Illg nautili * from tha Property. For ton yours the water works company has occupied the block , together with the tlri-ots , und during that tlma It has paid into t.ho treasury of the Union Pacltlo company ns rental , thu sum of S."il,009 , which , under the reversion olnuso In the deed originally made to the Union Pacific road bv Mayor Ken nedy , should have been paid into tbo city treasury ot the city of Omaha. Torim or the Hlght-of-Wiiy Uneil , The question has boon a > ked , "Did the the city to a point oppotlto the foot of Far- nam street , Alnilo by the Hirer's At this titno the nock of the horao shoo win fully two miles in width. In 1851 , when the next survey was mndo Iho river had slowly crept In , cutting oft n portion of the neck ot the horsa shoo , nnd nddlnt ; n narrow strip of land to the Icvoo or rlror front oppo site the city of Omaha. Another survey WM rmido In 1850 , showing that tbo levee had Increased to sotno extant , so much so that that portion of section four teen , township lifloon , range thirteen , lying between blocks L , M , N ami O was platted as government lot two , containing thirty-two ncros. That portion of the section lying bo- twocu the meander line of the river and blocks P , Q and 323 VIM known ns govern * monl lot three and oontntnott li.i0 acres. Subsequent surveys were made In 1SIIS and 1S75 and the plats anil field poles of o.ich show that tha uock of the great , horseshoe had gradually become narrower until nt lu lower end It had a width of less than 103 feet , The Properly drew Itupldly. All of Iho time that had Intervened between - twoen the years 1851 and 1877 accretions had boon forming along thq rlvor front opposite the north end ot the oltv. until there wan a high dry bar nearly three-quarters of n inilo lu width , covered with a growth of willows and underbrush. During the Ulph waUjr'of 1877 the rlvor out through the lower end of the the uock of the horseshoe ntul dropped into tha channel that It now occupies. This change toft a valuable tract of laud between tbo old river hod and the corporate limits ot the city , but It wus circfully watched , and Instead of bclnt ; inkon poscsslou of by the city of Omhha , tinder - dor the provisions of the laws of accretion , It was squatted upon by parties who were in- taroslbd in the old Council Bluffs and Nebraska Ferry company , which was In corporated in 1S53 and authorized to exist for the term of twenty years from that dato. Took 1'oMpAilnn of the Accretions , William drown , who for many years was the owner of the Lone Tree ferry , nnd nftor- brldgo is not a part of section 10 , cast of and opposite to which , on the west ern boundary of Iowa , the president fixed the terminus. It Is , however , the only bridge tbat the company has extending Its road to the western boundary of Iowa ; and clearly it has no authority to build uny other. True , it is not opposite section 10 ; but the company has taltou up Its road from that sec tion , and now It comes to the river where the bridge is actually constructed. Having abandoned 1U road , so far as It extended above that point ; having commenced its bridge where it is ; having applied to con gress for power to mortgage It and for spe cial power to levy tolls and charges for the use of It ; nnd havinc obtained these powers it is not at liberty now to assert , that it has located its bridga ut the. wrong place. "To bold that thu briilgoisnot a part of the road would defeat the plain object congrois had in view in 131)'an ) J hi 18IH a continuous line for connections with Iowa roads. It would bo allowing tbo connection to bn made In Nebraska Instead of in the western boun dary of Iowa , when the act of Ih71 expressly declared thut nothing therein should bo con strued as to chuuyi ! the eastern terminus of the Union Puclllu railroad Irom the plneo where It was then fixed by existluclaws. "Holding then , ns wo do , that the lognl terminus - minus of tbu railroad U fixed by law on the Iowa shore of the river , and that ttio.brldgo Is u part of the railroad , tliero can bn no doubt , that the company is under obligations to oporalo ulid run * the wl'olo' ' road , including the bridge , as ouo connected and continuous lino. lino."What this means Is not dlfllcult to un derstand. It Is n requisition mndo for the convenience of the public. An arrangement such us the company has made , by which freight nnd passengers destined for or be yond the eastern terminus are stopped two or tbroo miles from it nnd transferred to an other tralp , nnd ngain transferred at the ter minus , or by whlcli trul ht and passengers going west from the eastern end of the line must be transferred at Omaha , bivaki the road into two Hues and plainly is. Inconsistent with continuous operation of It as a whole. The mandamus awarded in Hire case , therefore - fore , imposes no duty bo > end what tbo inw requires. "For these reasons wo think the circuit court did not err in holding that Hall and Morse were competent to npply for tbo writ In this naso. "Tbo ( iocroo of the circuit odurt is af firmed. " Komovi'd thu lOnitern Terminus. Following clo uly upon the heels of this decision of the supreme court came a notice from the president of the United States or dering a removal of the ( usteru terminus of thu Union Pnuitlo railroad to the Iowa side of the river. The officials complied with tha terms of the ordoi , und even wont boyon the Instruc tions therein contained. Instead of removing the torminnl point simply to the Iowa siiin of the river , they located It inland noaily two miles at u point now known as the ' Trans fer , " Tliero It has remained up to the pres ent date , but during all of tbo years that have intervened the Union Pacific company has retained possession of the blocks of oity property , L to Q inclusive , notwithstanding that the deed of conveyance uxprossly stated that whenever the custom terminus of the railroad WAS maintained at a point moro than ono and ono-fourth miles from Farnom street , then the property should revert to the city.Not Not only has the cotipany held possession ot these 11 vo blocks , containing eight lots each , which at a low estimate nro worth on the aggregate , 1120,000 , but It also failed to pay the tax03 , or a portion of thorn which havu accrued during tbo past twnnty-niiio years. Sold I'urt of the 1'ropcrty. Aside from this , It has sold and disposed of ono of the blocks , the ono known as block Q , On September 7 , 18rO , Sidney Dillon , then president of the Union Pacific company , and Henry McFarland , Its secretary1 and treas urer , sold the whole block to the Omaha City U'atsr Works comuany , which bus since become como the American Water Works company. The docd which Is recorded in Deed book 43 , on puga 83 , r.tiows the consideration to bnvo been $1,200 , but at that tltno it is probable that Mr. Dltlnn had but little confidence in tlio tltlo that hi * company held to this block and thu olher * L , M , N , O and P , n % the records show Iho deed to have been a carefully word ed Instrument , Inntoaj of belucr a straight couvoyauco , after the uuual grunting clause , there uro In. sorted lu the deed the following words : , Union Pacifio railroad company comply with I tbo terms of the right-of-way deed executed by Alayor Kennedy ou December 7 , ISGUi" Tlut dead provided tnut the railroad com pany should construct and maintain tbreo or moro slilo tracks upo'u thu tract or strip of lund known ns lovec. iu front of the blocks L. M. N , O , P , and Q. Up to this ditto tbo coinpiny has dona nothing of the kind , although it claims pos session of the ground , and refuses to allow other roads to outer thereon. Oao single track enters unon the loven at the Inter section of Cuming street. It runs almost duo north , past the settling basins of the water worus cotnpany to a point opposite Nicholas street. There the track enters upon block O and runs In a northwesterly direction to the cantor of block N , whore a switch hus been placed. From the switch two trucks branch out , one running to the northeast , nnd the other to the northwest , ' both reaching sand pits in the street between blocKs N and M. There is ahothor track however , that the railroad company claims helps it to comply with the terms of the rignt-of-wuy deed. This intersects the track that runs north 'upon tbo levee , at a point opposite Izard street. From there it ex tends In a northeasterly direction , entering the possessions of the 'East Onmba Lund company and extending to the fac tories In thut manufacturing suburb. This track , however , Is not owned entirely by the Union Puclfio company , but was put down by that company and thi ) Burlington road a couple of years ago and Is kuown as a part nership affair. Should the City Tnku Possession ? With this condition of affairs existing. In connection with blocks L , M , N , O , P.nnd Q , what is there to prevent the ulty of Omaha from declaring the deal botwoou the city and the Union Pacific at an end and stopping iu nnd lulling possession of tbo proparty under the provisions of the reversion clause con tained in iho deed executed Ducembor 7 , lbO.1l There nro some parties who assort that the statute ? of limitation Uavo run and that the city has lost the opportunity of declaring iu rlg'bts in the promises , The Ian boous , how ever , vlow tha bubjoct. In a dlfT"rent light. Any number of supreme court decisions are rip lit in point with thU case , ana all of them show thut the statutes of limitation never run against a municipal corporation uny moro than they do against a minor. Tno.v show tbat a municipal uorooratlon stands in thu sumo position as a minor. The olllcurs of the municipality nro always elected at stated intervals and for stilled terms , which ulways keeps It lu ItVittUnoVity , ho fur us being buried by the stritltC3 ' ' | of limitation uro con cerned. If ihls law Is gpotj , and all the writers of text books ugroa that It Is , there is nothing to permit the city from slopping Into court any day for the pdrnoso of declaring the old deed void uud of'/i < ji jorco and offoct. Tlio I.aiuIluiHl IU Value , While there ar,0jjip ! doubt , many people In Omaha who bava not soon this Innd , n word tegardlng its contour might not bo out of place , " ' " All of tbo blocks find the leveoaro high and dry , and well adapted for trackage or tbo erection of warohyiwoi and factorial. They liasomo twenty ( opt-above the rlvor at low water mark and dru not only protected by a heavy clay bank.but also by the system of govomme'nt rip rnpthut'was put In two years ago. v eighty Acre * In ThU Deal. Another question of much greater interest to tbo cltv , is whether or not It will take pos session ot the eighty acres of bottom land that lies directly east of and adjoining the blocks of land heretofore described aud tbo atrip of land known at the lovco. In 1S50 according to the government survey - voy , the river fiovyad iu the. shape of an Im- inenso borao-sh'oo , coming down through Its present channel against tbo high bluffs on iho Iowa side , north ot Council Bluffs , At a point south of tbo Carter Whliu load works It turned and flowed north , thence , west through Cut-Off Uko and tbenco south ulniiir the Nebraska blufft from n point oppo site Commercial street to about where Clark now Intersect ! Tenth street. From tbat paint It flowed In a southeasterly direction to u point opposite ( iruco street. Then the curve changed to a direction that was a trifle west , and the flow was dlrectlv south , tbo channel hupilng the Nebraska shore along the luvoe from the northern limits of wards a stockholder in the Council Bluffs nnd Nebraska Ferry company , took posses sion of lot 1 in Iowa and lot S on the No- draska shore , together with all of the accre tions. Anarow McCown. another of the parties In the old ferry company , took posses sion of lot 3 with the accretions thereto. Under squatters' titles these parties hold possession of the lands until death , after which their heirs held possession until they passed Into the hands of J. M. Wonlwortb , trustee for tno Council Bluffs and Nebraska Ferry company , which held a charter that expired in 1873. Itccpiit Deals With the Property. The records In Council Blufts show thai for the sum of $5H.0. ( on April 10 , 18UI , Frank C. and John A. McCown , executors of the ostatc of Andrew MeCown , deceased , con voyed the whole of lot , together with the accretions to Theodore Miller , who Is on em ploye of the East Omaha land company. Prior to this , and on December ID , 1688 , for the sum of $301) ) , the records show that John II , C. Brown conveyed the same prop erty to J. M. Woolworth , trustee. Again , on May 20 , 183'J , Emma McKonzte , Alex ander Mclvenzio , Mary 11. Sorouson , Alfred Sorensen , Helen Van Camp , heirs of Ur. D , Brown , deceased , James Jaclc- ' son and wlfo convoyed tbo same property to 'J. M. Woolworth , trustee. Later on , und on December 2S , IbS'J , C. II. Downs , who wus a furry company squatter , convoyed the same property to Woolworth , as trustee , the con- sianrallon being $100. Each deed was carefully drawn and great care was used lo sou that they contained a clause ns follows : "Extending to the low water mark of tha said Missouri rlvor on the Nebraska shdre , us shown bv the * survey of ISM , with all accretions hero to formed lo Iho sumo , and also any and all accretions formed to any of the above described property.1 Thu Title I.uoks Comploteneds. The chain of tltlo Is far from being complete - ploto , ns tbero is nothing on tbo records of either Douglas county , Nebraska , or Potta- wattamio county , Iowa , showing that An drew McCown , w. D. Brown , C. 11. Downs or unv of the other parties who appear as grantors over-obtained tltlo to any of the lots or lauds from United States or nny other parson. Tbo reoords show that the ferry company hud n tract of land , which was platted as Ferry addition to Counclll Bluffs. But this tract , according to all of tbo sur veyswas always on the Iowa sldo ot the rivor. Will ll Deeded ns N'cmlcil. Whllo there U nothing that appears of rec ord , there U an understanding botwoun the Union Pacific lUllraad company , thu East Omaha Laud company and the old fnrry com * pany , thut those lands will bo deeded back and forth , as any ouo of tha parties may do. maud. This statement hoi boon made by an official of ouo of the companion , and to prove that. It Is true a deed which Is now executed , but not filed for record , bean evidence. Not long ago tbo old forcy company deeded to tha East Omaha Land company north half of lot 3 , und in return the East Omaha Land company deeded to tbo Council Bluffs und Nebraska Ferry company the south half of tha same lot. Both deeds , Uko these tauen by Woolworth contained the clause , "Extending to the low water mark of the said Missouri river on the Nebraska shore , a shown by the survey of I860 , witn all accretion * hereafter formed to the same , and nUo any and all accretions formed to any of the above described property. " This evidently means but one thing , and that Is , tbat tno throe companies lay claim to all of thu rlvor front that belongs to the city of Omaha. How thu IJIIKI Wus Formed. To show conclusively that the land along the levee front and adjoining blocks L , M , N , O , P and Q were formed by accretion and not by any tudden change in the ctian- nel of the Missouri rrvcr , it Is only nrbossury to peruio the testimony token In tbo East Omaha case Vvblch is now before tbo supreme promo court of the United States , and known us the State of Nebraska agalnit the Staio of Jovva.brought to settle the boundary line between the two states. The testimony was taken at Omaha last summer , and occupied several weeks of time. The point at Usuo was whether tuo Und had bucn formed by accretion , or wbothor It had been added la largo tracts. Tbo testimony of U. B , lluntio , John A. Smiley , George Smith , J. A. Swobe , W. W. Manb , Thomni Tostovln , John MoPhorson , A , D. Jones , Eugene L. Ware , C. F. Potter nnd Theodora Miller , nil men woo had re- stdrtd In Omaha from twenty-five to thirty- fivoyears , was tnuen , Allot the witnesses agreed upon the point that the cutting of the river along the Nebraska shore had boon slow nnd Imperceptible. Thn testimony of County Surveyor Ooorgo Smith ts given. Surveyor Smith's Statement. Ucorgo Smith , Aged CO years , cnllrd nnd sworn. Ho toMlllcd that ho had resided In Umnlm since IS.il ! nnd by occupation wus n surveyor nnd ell' 1 onglnoor. Ho had mndo n great many surveys of Douglas countv. Nob. The rlvor between Omaha and Counull Bluffs had boon under bis observation during the period of bis rotldcnco In Omaha and ho was familiar with Us traverslnirs nnd loca tion. The changes sn the rlvor from 18V ) to 1877 were nil brought nboul by uurnsiou ntul accretion. It worked Itself Into the slmpo of nn Immouso crook or loon , four miles nrouiul from the fair struluhl channel In which. It ran from 1851 to 185D. In 1SSO witness subdivided - divided into lots tuo whole of section U In lown and found about eight rods washed away from the line of the oriental survey made In 1NM. On the abrasion side ot the rlvor the ahoro was usually porpondtcular from ten to fifteen foot high , owing to the stntro of the wator. Accumulations nnd no- crotlons were going on opposite to whcro the abrading was occurring. The accumulations nnd nbrusious differed In different yonrs , hut there was n-conslnnt wearing off on the cur rant sldo nnd n filling In on the other side. The whole character of thu chungo wus stow nnd gradual ns distinguished from a sudden chnngo or cutoff. The river had not made uny sudden changes of Its chnntinl outMdo of banks or cut oft nny portions of land except by ubrnslons. The filling wus innde up of n deposit of the silt and sand that lloatci' in the rlvor and settled when It got outside of the rapid course of the channel. Witness had made surveys of the land formed ngalust the Nebraska shore for the purpose of determining the available timber , and 'botweon 1850 nnd 1833 ho hnd noticed that there had been a great deal of accretion. Slnco ISM almost every yonr ho had been upon the bottoms and had soon the lund form , although ho made no special measurements to determine thu fact. The cutting away on ouo sboro was cotemporancous with Iho accretions on the opposite shore. What Air , Smiley Known. John A. Smiley bad rosldod In Omalin slnco 1850. Ho was familiar with the Mis souri rlvor in the vicinity of Council Bluffs and Omaha. It was the rule tbat . the Missouri rlvor cut on one side and filled at a proportionate rate on iho other. That was true In relation to the great bend and hnd been for more than thirty years. Tbo rlvor had cut the horse shoe dowu lo a narrow nock and then out through In 1SS7. The change in tbo course of tbo river from wbcro it ran in 1850 to where it ran in 1877 was not a sudden one , but was slow and gradual , every year cut ting some on Ono sldo'and fllllnlr up on the opposite slue. Some years the river would not cut moro than ton feat , but in nineteen years it wont from a mlle to a mlle and a bait In some places. Witness was on the new land once or twice onch year , and from observations that bo made was willing testate state that tbc accretion was gradual and Im perceptible without measurement , but not , imperceptible to engineers who measured tbo ground. Law of Accretions. Taking It for granted that the witnesses In the Nobraska-Iowa case were correct in tholr version ot the wearing away of the land In the neck of the tiorseshoo , the land extend ing to the water line on the west bank of tbo river , where it flowed In 1877 prior to the cut off , would belong to other * than tbo old ferry company , as originally it held no land bo- twcc-n the lovec and the west shore of tbo river. Then tha question of who was the owner of the accretions naturally follows. The general luw , on accretion is as follows : "Accretion U the increase of real estate by the addition ' ot portions of soil by gradual depositions through the operation of natural causes , to that already in possession of nn owner. "Tho owner of land ou u stream has a right to-all accretions thcrctocaused by the deposi tion of alluvium thereon , without regard to the question of whether sucb. accretions wrira forinna solely by natural causes , or by such causes Inllueuced by the artificial works of others , and without regard to tbo question of whether or not such stream is navigable. " Oniuliu Owns thu I.und In Question. There can bo no question but that the tltlo to the original lovco remains In the city of Omaha , notwithstanding the right-of-way- deed held by tbc Union Puclfio company. Again , with tbo rnversion clause that the deeds to the blocks L , M , N , O , P nnd Q con tained' , it is moro than probable that tbat property also belongs to the city. Such bohig iho case , the question of how tbo city shall mensuro Its river front naturally arises. The river has receded and a largo tract of land has boon formed by accretion between the old levee and the prosoit west bonk of the stream. If the law of accretion is good , then this property stilt boloncs to the city of Omaha. In measuring and ascertaining tbo now * river frontage , the law upon the subject rends nf follows : "When a new shore is formed ay tha wear ing away of the stream , the land of tbo now sboro Is to bo divided between iho owners entitled to it , according to the following rule : Give to each owner a sbaro of the new sbaro line In proportion to what they held In thu old shore Una and complete the division of tha land by running u line from boundry between twoon tbo portions on the old sboro to the point thus ascertained ou the now. " Precedent Tor Hnmlin'ft Claims , Tbls question uroso In tbo case of Kolir vs Snyder , reported In the 144 Illinois , pugo 313. The case wont to the supreme court , where tha decision of the lowur court was sus tained. In handing down his opinion the court said : "A tract of land bordering on this Mississippi wan divided into subdivisions or lots , aad extending to tbo rlvor. Thaso lots became the property of various owners. Subsequently there were accretions along the river front and In adjusting the matter of such accretions amnnpr tha riparian own ers , It was hold that tbo proper mode was to measure tha on tire rlvor front as It was found to bo when tha lots were laid out and then note tbo aggregate number of feet front age , as well as that of each lot ; then meas ure a line as nearly as may bo with the middle - dlo thread of so much of a stream us lies opposite posito the liuo so measured ; tlion dlvldo the thread line Into as many equal parts ns there nro lineal foot IP the shore line , giving to each property owner us rnauy of these parts us his property measured in the shore line ; and than complete the division by drawing lines Dolwecn the points. " Parallel Cunu III lown , Another case In point Is that of Cook vs tha City of Burlington , reported in the ! IO Iowa , page 1)1. ) Cook attempted to tuka pos session ot a portion of the luveo under n right- of-way deed from n railroad company. Tuo court held ns follows : "Accretions to a strip of laud In a city , along tbo river bank which is reserved lor a public highwuy mid-other publlo purposes , partakes of the sumo rela tion as the original reservation ; and the city holds title to it subject to tbo same uses nnd conditions. Tbo city hus no rights , however , to inalio any unqualified disposition of It to u railroad company , to botield and used as pri vate property , but may grant iho right-of- way over it to such railroad company.1' f Vulun ol tlio Clty'H Property. 'Taking tbo Omaha possessions Into conaid. oration to get the exact oroa of the land formed by accretion , and which under tbo general law would become the property of the city of Omaha , It is necessary to find the river frontage tuut iho city originally hold , From the south sldn of Cuming street , be tween blocks Q uud 328 , the distance to the north line of block L Is abouiU,700 feet. Uun a thread line up thu channel of Iho river the sums distance and a trlauglo Is formed as shown in the accompanying map. Then be ginning with blocK L und bringing the lines down to tbo rlvor will form a tract of land of a trlflo more than eighty acres , A largo portion of this land Is within ilia ono mlle limit und if placed upon the market would bo worth & ) ,000 to f 12.000 per aero for warehouse and hutluois purposes , Tbo alleged owners who are trying to bold on and claim posnesiion declare that thn statutes of limitation have run and tbat the city has lost all power of securing relief. In tula tbo courts differ with the allowed owners , as tltno nnd again cases have boon decided , proving conclusively tbat the statutes uevcr ruu against municipal corporations. llovr thu Property Could He ITucil , Should tbo city dccldn to reclaim this laud togatbiir with tha original lovoa end tbo blocks L , M , N. O , P nnd Q , which In the aggregate would equal 100 acres , the next tbf.t arliai U , of what use could it bo put to bo ot n benefit In the upbuilding of Orrmlm. Every ncro of the vnst tract Is ns level ns a floor , hljh above the water of the river nnd unequalled for depot grounds , tracitr.go or warehouse purposes. With tbo brldgo built over the rlvOr M East Omaha , this city would bo in n position > to extend n hand of welcome to nil the oiUf nru roads without risking nny favors ot the Union Pnclllo or the Burlington company. The city could not only afford to donnto frolcht nnd pnssongcr depot grounds , but it could plvo half a doron companies nmplo { rounds for trackage nnd tormltml facilities besides having ncros toft to donnto to facto ries nnd mntiufacturing enterprises seeking n western location. I'lorliln nnilSouthrmt. . Dtxio Fiver Sleepers Mnshvillo to Jack sonville. Fin. , without change over Nash ville , Chnttnnoopn & St. Louli mllwiy. via Ctiallanopgn , Atlanta , Mncon. Berths ou traged through from SU Louts over the Look out Mountain routo. Apply to or address J , tl , Ballmerwost , pass , ngt.,00 LuClodo bldg. St. Louis. Baby's ohoolc is Uko n poach , Is it Madame Uupport's bleach ? No ! but baby's mama's cheek Volumes to its praise doth speak ! Cnll fur Mme. Huppert't book , "Itow to bo Ilttutt- ful" of Mrs. J. llanion. 210 f > . ISlh St. , I'ranhx , JJ STOPSv THE ACHE AS rioTiiino nt.su WILL , NO KI1MUDV KNOWN rUNETrtATUS TUB T1SSUK 1.1 Kit WOOD'S PENETRATING JJJ'jft In advance of or- pi ACTCJ > illuary porouj plas- * - * I jcrJi ilai | js wny ( succeeds why WOOD'S PLASTUR U \\orlli Inking trouble to get. SOLD BV DRUGGISTS * > KVKRYWIIBKK N.Y.Dtpot , 92 William St. 1 IfMT INTEREST PAIDONDEPOSITS BANK 5.E1CDR. CAPITAL'S ' IOO.OOO.OO DIRECTORS : A.U.WYMrtN-E.W.NASa JHMILLftRD-CUV-C.DAnTON-CBLAKE. J.J.BFIOVVN-THOS-L.KIMBALL. Wo tend the marrclani French llomodr CALTHOS free , anil n local guarantee that UALTIIOS will KTOI * nUehnrgt * A EmlMloni , CUIIK Hnrrmnt0rrhM.Varicocftlo und UEtiTOni : Vott Vigor. ( jseitanilflaYifiatiifii. AJJrril.VON MOHL CO. . * l irrlra > i ( U , CUtlm U , Olio. It la not to medals , badges or the insignia of royal favor that the qreat- eat of all specialists. DRS. BETTS & BETTS Owe their wonderful per- V sonal and profession- ' alpopularlty.Tney won their hon ors by tnolr merits. In the scientific treatment and success ful cure of over 83.OOO cases ol those NERVOUS , CHRONIC AND PRIVATE DISEASES which are BO for midable to the medical profes sion In general , DRS , BETTS & BETTS bavo proven that they possess extraordinary ability and skill. vateDlseases as well as Stric ture , Hydrocele , Varlcocelo and Rectal troubles , tholr success has been truly marvelous. Therefore , they are entitled to wear the emblems of the hluh- eot honors , lor these they have richly won by their own efforts Send 4o lor their new book of 12O pages. Consultation Is also free. Call upon or address with stamp. DRS , BETTS & BETTS 119 S. 14th St. N. K. Coiner St. Omaha Neb. Douglas . , , . WEAK AKD Condition ! of tbo human form urce Miilltioattil todovclop , BtroiiKllmn. enlurnu all w ak , luntea , uniloveloiodfcobloorKani | ncl | > itrti of tbo body , which huvo luat or never nltalned a proper anil V natural lite , duo to III hcnllli. nburo. czce'ica.or unknonn cuutes. There li unu nifihoil nna \1 only one. by which thl > mujr tin ucouinill | > nu < l. Incrratoilllow of tlood to any part , iiroducvabr Blniplauppurfttua octlna . " tl iuo , tonu and vluor l > r the Buroo natural lumui tholnrreniioof elzo and itrenKtliof imisclci. Don't . , boprujudlcoil becune IlllloquarUi nrniHirn br rlllr inan > to do tliu > nme. JNVIJHTMJATK. There' * no traif buck afoiirolluri. OuJ-t > r will cnmo wlirn tha publlo know * clearr ] icltnco . from fraud. Write us forlmtructlon . full deicrlp. - * p in pLun K.Y. I CURE FITS ! Vtlien I Mjr C'ua I do not mean ineroto ! * top thrra for a tluio and tl.on hiio them return again. I tuo n a radical cure. I hate made thod-Mituuf KITS , KI'I * I.Kl'SV or 1'AU.INO BIOKNl'.tiS alifu-lc-ng atudI warrant mrained / to euro the wortt CAWI. Jlacaiu * olhort hare failed It no reaaon f or not uow receiving * tnre. B ad ator.ee for a tr tlw udnl'rwiUottUol ui ; Infallible reined ? , Giro K < l > rc > i anil I > oit Office. tl , ( J. HOOT , M. „ 18a 1'unrl h . , N. V. Battering froa < TO WEAK MEN i > Hot of _ _ outhful vrron rarly e y , waatln * weakncaa , lout luauluxxl , rttu I will xiiui a raluublo trcallw < iali li cunlnlnlni full particular * for home our * , I'lllilt ut cbuoce. 1 , splendid medical vrorkt aUuulit I'fl read bjr every man whn U lu-rvnita ami dubllluU * ! . Addreaa , I'ruf. V. C. i'OWXiat.BJootlui. ciotuu