The Railroad Wanted the Streets. The Nagles Wanted Compensation.
Newport's council granted the Idaho & Washington Northern a franchise through Second and Third streets while Philip and Mary Nagle warned it would damage their property. A letter from M. M. Sammons also pressed the railroad to donate ten acres for a public park.
An adjourned meeting of the town council was held Tuesday evening. There was quite an attendance of citizens, but not as many as usual, as there did not promise to be any exciting developments.
Mayor Appel, Councilmen Hynes, Caldwell and McInnis were present. Councilmen Bennett and Eckerson were out of town.
J. C. B. Reynolds, of Spirit Lake, was present, and on behalf of the trustees of Spirit Lake extended a cordial invitation to the council to attend the big celebration of July 4th at Spirit Lake and be guests of the trustees of that place. Also a general invitation to the citizens of Newport to be present at and assist in the celebration.
A remonstrance of Philip and Mary Nagle against the opening of Second and Third streets and State Line Avenue was read, they objecting on the grounds that such vacations would materially affect the value of their property and be detrimental to their interests.
Ordinance No. 70, granting a franchise to the Idaho Washington Northern Railroad over certain streets and alleys to the state line, was read by sections and adopted. This ordinance is exactly similar to the one adopted by the council on May 19th, and was passed the second time on account of the opinion of the general counsel of the railroad that sufficient time had not intervened between its second reading and passage the first time.
During the reading of the ordinance Mr. Reynolds, for the Idaho Washington Northern, explained some of the provisions of the ordinance, and stated that there was nothing in the ordinance in any way injuring Mr. Nagle, who remonstrated against its passage. Mr. Nagle appeared and pleaded his case, saying that in case the tracks were built as provided in the franchise it would be of great injury to his property, and made it clear that “due compensation” should be made before the company received the privileges asked. He also expressed his willingness to dispose of his property to the company for “due compensation.”
In a letter to the Miner, M. M. Sammons corrected the account of the previous week's council proceedings. He said he had appeared at the request of the property owners in Block 8, Koch's Addition, the only property owners in the block excepting the I. W. N. R. R. He said his remarks to Mr. McInnis were that, if the Pend d'Oreille River Navigation Co. was an I. & W. N. R. R. corporation, as he had been informed it was, McInnis as general manager might refrain from voting on a matter wherein the railway company was seeking vacations of streets and alleys, but he did not question the right of McInnis or any other councilman to vote in any way upon any matter before the council. He also stated that at the last meeting of the Commercial Club a resolution was introduced to the effect that, in view of the fact that the city had granted valuable franchises and vacations to the I. & W. N. R. R. Co., and that they were seeking more, it was the sense of the club that said railway company show its appreciation thereof in a substantial manner by donating to the city of Newport 10 acres of land adjoining on the west for a public park, and that a copy of the resolution be sent to Mr. Blackwell, president of the company, and a copy sent to the city council; the secretary was instructed accordingly. The resolutions passed unanimously.
“Mr. Nagle appeared and pleaded his case, saying that in case the tracks were built as provided in the franchise it would be of great injury to his property, and made it clear that “due compensation” should be made before the company received the privileges asked.”
Then, as now, a railroad franchise was a fight over who gets to use—and profit from—the streets the public paid for. The Nagles' demand for “due compensation” anticipates modern debates over eminent domain, development agreements, and community benefits like the park the Commercial Club sought. The council's double passage of the ordinance also shows how legal timing and railroad counsel could shape a local vote.
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