The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-08-08
CITY FATHERS LET OFF.
Members of the Omaha City Council
Rcbuked by Judge Hopewell.

OMAHA, Neb., Aug. AFTER convincing
the ten members of the City Council who
defied the laws and the courts orders on
last Friday that they acted without
precedent, and that they were really in
open contempt Of court, Judge Hopewell
this morning dismissed them with severe
rebuke. The Council had been ordered by
the couft not to approve the bonds of the
A. P. A. police commissioners, but had
done SO in defiance of the order. 1t was
expected the District Court would impris-
on the members for contempt. and the
room was crowded at the trial. Judge
Hopewell said
'I took occasion Saturday to state
that / would take until this morning to
consider the authorities before giving my
decision as to whether or not the City
Council shouli be cited before me for con-
tempt of court fer having, on last Fri
day. disobeyed the courts restraining or
der issued in the case brought by Mayor
Bemis against the Council. On last Sat
urday the members of the City Council
were given an opportunity to explain their
actions They each disclaimed In as
strong language as possible any intention
to disregard the courts order. Some said
there were wild rumors afioat in the city,
and they doubted the authenticity Of the
telegrams sent advising them not to pro-
ceed with the approving OF the bonds of the
commissioners until the case could be ar
gued the following morning. Others claimed
immunity because they had sought advice of
counsel before voting. / have no desire to
was the duty Of the court to see that it's
orders were obeyed until they are contested
properly set aside You, gentlemen, are
done as 1 am. 1t is a matter Of discretion
on my part whether l mete out punish
ment or try TO explain TO you that you did
an act which ought not have been done.
and which you would, perhaps, not do again
il the nature of the act were made known
to you. The reasons the members of the
City Council give for their actions are not
good. 1 desire to read from case in the
Thirty fifth New Jersey Equity Reports to
show that the Omaha City Council has vio-
lated my orders. as Is shown by this case.
The court explained that in the New Jer-
sew case a Judge issued a restraining order
prohibiting the passage of an ordinance
The Council was to meet that night. The
Judge issuing the order was too far away
to get service of his order on the City Coun-
c.l and he sent telegram instead. In
spite of this notice the City Council dis
obeye6 the courts order. 1t was decided
All All that that was was necessary. the case holds.'
said the Judge. ''is that the party notified
have knowledge of the existence Of an or
der The notice Is sufficient II ii proceeds
from an authority deserving credit and In
forms the members of what they are not to
do. This same rule is laid down by the
English courts. That the parties had legal
advice before acting, 1t was decided, would
not purge such a body of contempt"
The Judge said that he had decided not
to order the institution of contempt pro-
ceedings, but he did think the Council had
acted, to put it mildly, most hastily. A mo-
ment's consideration would have shown
the members what to do when the court s
order was served. The case OF the consti-
tutionality of the new commission is still
hoipo ARGUED