Omaha daily bee., 1894-03-25
GARBAGE CONTRACT JOB
Manager Wiley Declared to Have Been at
the Bottom Of 1t.
SCHEME TO IMPOSE ON THE PUBLIC
How wiley Is Alleged to Have Secured
CounciImanic V~otcs-iIis Use Of Mac
donaid's Name-Oppressed Citizens
Ask for Relief.

but in connection Herewith are made some
startling allegations. The case Is lOne
commenced by Robert w. Patrick as attor-
ney for several OF the garbage haulers. who
seek to obtain an injunction to restrain
Alexander Macdonald, the garbage con
tractor, from interfering with them in the
pursuit Of their calling, and also to compel
the Board Of Health to provide a place
where they can dump garbage with no one
to modest them or make them afraid. The
petition in the case reveals some OF the
inside history of the letting of the garbage
contract to Mr.. Macdonald. and therein
lies the interest that the general public has
in the case.
The case is entitled Henry CoOmbs, James
Clark and Samuel Overgard in behalf of
themselves and others similarly situated and
the citizens of Omaha against Alexander
Macdonald, Alonzo b.. Hart and Newton
Midday, the mayor and Board OF Health of
the city of Omaha, and the city council of
the city Of Omaha.
The petition recites the efforts Of the citi-
zens of Omaha to have a contract made
with some one for the cremation OF the gar
bage OF the city and the putting In OF a bid
in response to an advertisement by Frank
DUNCAN, a former employe of the
Houston company, and the fact that IT was
referred to a committee Of which Isaac Has
call was chairman. in whose possession 1t
has ever since remained.
WILEY CALLED 1T A SNAP.
1t then goes on to allege that Wiley APP
preached DUNCAN and told him that the con
tract was a snap, but that without his
Wiley's) aid DUNCAN could not secure 1t and
proposed that the two work together, to
which DUNCAN assented. Wiley then in
formed DUNCAN that the contract must be
taken in the name Of a third party, Tor
reason IL it was taken in either of their
names 1t would injure the standing of the
Thomson Houston company, of which Wiley
was then president. At that time, the petit
ton alleges, there was in the employ OF the
ThOmsOn-Housto company at OttuinWa, Ia
one Alexander Macdonald, in whose name
Wiley suggested the contract be taken, to
which DUNCAN assented. Wiley went to
Ottumwa and made the arrangements with
Macdonald to put in the bid. DUNCAN
and Wiley thereupon prepared two bids for
submission. one in the name of DUNCAN and
another in the name of Macdonald. To the
latter bid it is alleged Wiley signed Mac
donald's name. Macdonald at that time.
the petition alleges, had never been In the
city of Omaha. When the bids were sub
mitted Wiley secured the certified checks
to be placed in the bids. 1t was not the
purpose that the DUNCAN bid should be ac-
ceptcd, but it was only put in for the pur-
pose OF making a show at competition to
make sure the contract would be let.
The petition states that at the same meet
ing of the council at which these bids were
presented Newton Niday & Co. presented
one. The petition sets forth that after
consulting together DUNCAN and Wiley de-
cided to take Midday e. Co. in with them
on the contract and give them a share of
the proceeds. Midday and Berlin, the petit
ton alleges, were called to Wiley's office
and the deal consummated, whereby they
were to be let in on the deal. Through
the combined efforts of all the parties in
terested the contract was let to Macdonald
on July Fl, 1898.
FORGERY is ALLEGED.
After stating that Wiley learned the
mayor intended to veto the contract, one of
the grounds being that the %sureties on the
bond had not qualified, the petition states
Wiley procured a copy Of the bond from the
city clerk and had attached thereto n
justification by the s%ureties. Macdonald
in the meantime had left the city and, of
course, could not attach his signature to
the new bond. but the petition recites that
Wiley tried to induce DUNCAN to sign Mac
donalds name to the same. but on Dun
gan's refusal Wiley himself affixed Mac
name to the document, after which
the ~sureties went before a notary and
justified. The bond was duly filed with the
city clerk. bearing the name of Alexander
Macdonald, which was not written by him
self.
y. H. wiley, A. ID. Hunt, Alexander Mac
donald and Newton Midday thereupon formed
a company for the purpose of carrying out
the provisions of the contract.
HOW WILEY GOT VOTES.
Az an inducement to get votes in the
council In favor of the contract the petition
charges that Wiley, in his capacity as presi-
dent Of the electric light company, placed
three arc lights In the First ward at the
instance of Councilman Back. for which
neither Back nor the city have ever been
asked to pay, the same being placed to make
Back solid with the voters of his ward. The
petition also states that Wiley secured afi-
davits charging Councilman Jacobsen with
money belonging to others to his
own use. and threatened to publish them
and defeat Jacobsen for reelection unless
the councilman voted for measures in which
Wiley was interested, among them the gar
bage contract. These threats, the petition
states, were effective, as will be shown by
the records Of the council.
The petition also AYERS that the plaintiffs
believe improper means were used to in
fiuence other cOuncilmen, but they are not
in possession of sufficient information to
Justify them in setting it out in the petition.
The petition then reciets the adoption of
the garbage ordinance, which, In connection
with the contract, gave Macdonald a monop-
oily OF the business.
The charge is made that Macdonald
and his associates then made an agreement
Win the only railroad reaching the points
where garbage was allowed to be dumped, by
which all outsiders were to be charged an
rate for transporting garbage out
side the three-mile limit, thus clinching
their monopoly.
The petitioners allege that Macdonald and
his associates have no teams or wagons for
the collection of garbage, but simply depend
on other parties for doing this work
and simply derive a revenue from making
charges for use OF the dump and
transporting the garbage without the city.
The petition then cites the decision of
Judge Ferguson declaring the contract
illegal. and sets forth that the plaintiffs and
others are ready and anxious to collect the
In the city of Omaha and to care
for the same in a manner in no wise
prejudiclal to the health of the people OF the
city OF Omaha, but the proper authorities Of
the city refuse and neglect to establish a
place where said garbage can be dumped, and
alleges that ever since the decision
OF Judge Ferguson they have been annoyed
and harassed by said Wiley and his assoc
ciates by being arrested. While the con-
tractors neglect to collect the garbage them
selves. they endeavor by every means in
their power to prevent others from doing so,
The petitioners also charge that the con
tractors allow garbage and dead animals TO
lie around the dump at the foot OF Jones
street, to the great detriment OF the health
OF the people OF the vicinity.
CONTRACTORS EVADING II LAW
The petitioners also allege that Macdonald
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