Omaha daily bee., 1895-12-29
CITY'S YEAR IN THE COURTS
Annual Statement from the Municipal
Legal Department.
LITIGATION SETTLED AND PENDING
Important Cases Lost and Won by
the City-Whnt is Stiil on the
Docl<cts of the Differ
cnt Courts.

The report Of City Attorney Connell for
the year ending December 81. is practically
completed, subject. however, to such altera-
| tions as may be necesstated by pending de-
cisions In city cases As something over 200
cases have been handled by the legal de-
partment during the year the report will be
a rather volumnous document one which
will give brief history of each case with
present status and general resnmc of the
operations of the department during the
year. The report calls attention to the fact
that the levy for the judgment fund has been
twice cut in two and that although the levy
is now only one-fourth what it was when
the present department assumed control,
there is still surplus in the fund which
will be amply sufficient to meet any ordinary
demands.
Decisions have been reached In seventy
one cases during the year. The only inn
portant case in which the city suffered de-
feat was the Hansccm park special tax case
brought by James G. Megeath and others to
enjoin the city from collecting the special
tax for improvements on the streets adjoin-
ing Hanscom park. The base of action was
that according to clause in the deed by
which the park was conveyed to the city
the city was obliged to pay all improve
ments on the adjoining streets. The case
has bsen on the court doCkets for the past
five years and the final decision of the
supreme court was that the tax was not
valid.
The most important special tax case which
was won by the city during the year was
the Leavenworth street case, which had also
been vigorously fought in the courts. One of
the most curious cases is that of Grace
Fitch, who sued the city for S25,000
of
defective sidewalk Her case was settled
for $40. The plaintiff is the same woman
who came into public view as one of tho
main witnesses in the Ish murder case.
One of the thirty-two cases now pending
in the supreme court is the Jefferson square
case, which was brought to decide upon tho
right of the city TO use the square as a site
for a market house. The district court de-
cided that the site could not be used for any
other purpose than park and the case was
taken to the supreme court, where it is
set for hearing early next month.
The mandamus case of the city against the
Chicago, Burlington & Quincy Railroad COM
pany to compel the defendant to repair the
south end of the Eleventh street viaduct Is
also set for hearing at the January term of
the supreme court An alternative writ was
granted by the district court, but the rail-
read company appealed, and it is said that
there is every prospect that n final decision
Will be obtained at am early date.
The other Elev nth street viaduct case, in
which the Union Pacific railroad is dsfend-
ant, is pending in the United States circuit
court, where the city has endeavored to
obtain a decision during the past year. The
legal department has rec ived assurances that
this matter will soon be adjudicate1.
Another important case now pending in the
supreme court is that brought by Carlton ID.
Hutchinson and other property owners in
Walnut Hill to enjoin the collection of the
special tax for grading a numbr of streets
in that addition. The amount involved is
about $50 600.
Cases are also pending as follows: In
district court eighty-two; in Unit d States
court, district of Nebraska, eleven; in United
States court, Eighth district two; in county
court, five.