Omaha daily bee., 1893-06-07
FOUND NQS,yTO Be UNFIT
City Council shmnarily Disposas Of the
Newly Appointed Police Court Clerk,
SOME PAVING ORDINANCES WE'RE VETOED
Mayor Bemis Returns Several Disspproved
and Is sustalned-New Ruling on the
Payment of Judgments Against
the City Laid Down.

bort. IL was adopted by a close vote. Munro, |
Wheeler and Howell of the committee reached
,he conclusion that Mr.. Mos is not q fit |
person for the position and recommended |
hat the appointment be rejected MIR. Has
,all, the fourth member of tho committee, |
lid not sign the report because it was inn |
possible for him to be present at the meet |
ngs of the committee, and he refraincd from
voting. Neither did Mr.. McLearie, the fifth |
MS the report did not meet his
views and he considered Mr.. Mos innocent of
the charge made
Before the vote on the adoption of the
report was concluded there were many ex-
planations of votes by members. Those
voting in the Affirmative were: Back, Ed
wards, Howell, Jacobsen, Munro, Parker,
Steel and Wheeler. In the negative: Bru-
ner Esasser. McLcaric, Prince, Saunders,
Specht and Thomas.
Vetoed n Paving Ordinance.
The greater part of the session was taken
up in considering u large number of vetoes
from Mayor BemiS. The first and most i'm
portant was that. of an ordinance ordering
the Improvement of Twenty-first street from
Burt street to lard street, for the reason
that protest has been filed by a number of
the signers of the original petition asking
for such paving to be done, and also for the
reason that it is claimed by number of
parties who signed the original petition that
they did so under II missapprehcnsion of
their rights and upon the statement that
unless they designated the material they
desired used for paving the city would pro-
ceed with the paving regardless of their pref
erence of material. Also for the additional
reason that under the recent decision of the
supreme court it is necessary that,
petition should be presented by the property
owners owning a majority of the feet 'front.'
age without any condition. In order to fully
protect the city and prevent the cost of paw
ing being put upon the city, he believes that
petitions for po wing without condition or
before the material is designated or
the paving is ordered to be done. Such
petitions, as he has advised. have
been prepared by the city attorney, with
man of the Board of Public Works While the
mayor is desirous that such paving as is to be
done during the present year should be done
without unnecessary delay, he believes that
there should be sufficient caution. in view of
the recent decision OF the supreme court, as
will fully authorize the special assessment
necessary to cover the cost of doing all paw
ing except intersections. The veto was
sustained.
The MAYOR also vetoed the ordinance order
ing the pavement of Cunning street from
Twenty-tifth avenue to Thirtieth street for
the same reasons as prompted the Twenty
first street veto. This veto was also sus-
tained. as were the yetoes, for the same rea-
of Nineteenth street from Farnam to Dodge,
Dodge street from Twenty-sixth street to
Twehty-seventh avenue. Cunning, from
Thlrtieth to Thirty-second street, and Six
teenh street from Fdrnam to Howard.
Cut Out Mrs. Tusler's Judgment.
Mayor Bemis vetoed in the appropriation
ordinance two items in favor of Catherine
II. Tusler, one for S603 80 and the other for
S42.24, being the amount of principal and IN
terest of a certain judgment in favor of
Catherine II. Tusler. for taxes paid on ac-
count of opening Park avenue. A number of
judgments arc standing against the city as
much entitled to immediate payment rs this
one. If such judgments were to be paid
in any manner except out Of the special
fund to be created for the purpose of paying
the same, the judgment fund and the gen
eral fund, as we'll, would be entirely ex-
hausted within the next thirty days. 1t was
contended by Hon. A. j. Poppleton, as well
as Mr.. Connell, that all claims or judgments
against the city which might be paid out of
a special fund should be paid only in that
way. The mayor was advised that the mat
ter of making special assessment to cover
the cost of opening Twenty-ninth avenue is
now pending before the council, and
that the same will be consid-
cred by the council when. it next
sits as board of equalization. AS demon
strating the danger Of paying any claim out
of the general judgment funu, or general
fund which should be paid out of a special
fund.- he says that he has been advised by
the city attorney that the question was
raised and argued before the district court
today as to whether the city has any lega
right to make an assessment to cover
the cost of an improvement for
which the money has already been
advanced by the city. 1t is contended by
counsel against the city that such an assess
ment would be unauthorized, and would be
merely for the purpose of reimbursing the
city treasury, for which there is no author
ity in law, in place of an assessment to cover
the cost of an authorized Improvement.
While the mayor would be glad to take such
action as would enable Mrs. Tusler or any
other taxpayer to obtain prompt relief, he
could see no other way than to take the
course indicated for the protection of the
city The veto was sustained
For the same reasons similar claim,
amounting to SS09.l0, in favor of Louisa Van
Cott was vetoed and sustained
Too Many Dead Dogs.
Another veto was the claim of Newton
Niday, amounting to 5000 for 153 dead
dogs removed during the month of May.
The mayor thought that good many
CANNES to be removed in one month"; in view
of the fact that the poundmaster had dis
posed of several hundred during the same
period He desired the claim looked into.
The veto was not sustained.
Mayor Bemis called attention in com
muncation to the necessity of an ambulance
for the use of the city, and urged the pur-
chase of one Referred TO the committee on
police.
Mayor Bemis submitted the notice Of the
building inspector calling attention to the
smoke ordinance. The mayor suggested
that steps be taken to provide the city hall
boilers with smoke consuming devices. The
communication was referred te the commit
tee on public property and buildings.
The bids onipermanent and wooden side
walks were rejerted and the Board of Public
Works instructed to readvertise This action
was taken as the council has neglected to ap-
prove specifications.
Mr.. Saunders endeavored TO secure hear
ing on the fuel gas franchise ordinance, but
failed A majority of the members preferred
| the regular order of business.
A resolution was adopted empowering the
Board of Public Works and city engineer to
repair the washQuts and breaks in the sewers
made by the recent storm.
Deeds, dedicating portion of Poppleton
| avenue, from Thirty-third to Thirty fourth
| street, and Ihirty-fourth street, from Pop
| pleton to Woolworth avenue, were approved
An appropriation OF s. 900 was made from
| the general fund for the use of the street
| commissioner in repairing washouts and
damage done by the late storm. The com
missioner was instructed to put force of
men at work Immediately on the streets in
| the different wards.
| For "a Ga rnn,..,tn.