Omaha daily bee., 1897-03-03
CITY WILL APPEAL THE CASE
Supreme Court to Be Asked to Decide
Powers of the Council.
RAILROAD REFUSES TO vAcATs STREETS
Question of n Hose House for the
southwestern Part of the city
Referred to Committee
of the whole.

hcterrcu TO committee
of the whole.
The city council last evening took prompt
action to test In the supreme court its pow
ers to compel the Rock Island Railway com
pany to vacate Seventh street and permit
the opening of the street across its right-of-
way across Thirteenth and Fourteenth ave-
nucs. Notice Of Judge Green's permanent
injunction, which was received at the court
house yesterday, was given to the council
by City Attorney Hazelton before the alder
men met last evening. The situation was
thoroughly understood by the aldermen and
there was no necessity for discussing 1t. A
resolution was introduced directing the city
attorney to take the case to the supreme
court at once and to resist strenuously all
of the pretensions of the railway company
TO its exclusive right to the streets. The
city attorney was ordered to lose no time
in preparing the briefs and he assured the
members that he would follow their in
structions.
Mayor Carson was not feeling we'll last
evening and Immediately after the roll was
called he retired and put Alderman Green
shields in the chair.
The first portion of the meeting was de.
voted to reading the regular monthly bills.
There was nothing in them that excited any
interest and no ripple was caused. by any
Of the proceedings until the estimate of the
cost of purchasing and equipping a new hose
house in the southwestern part of the city
was reached. The special committee 20
which the petition asking for the establish
ment of the house was referred reported the
cost in detail of the proposed improvement.
The maximum aggregate cost of the lot,
building and equipment of the house, with
a small chemical engine, was so, 800, and the
minimum cost was fixed at 50, 61O. The re-
port was criticised by Casper, who declared
that the estimate Of cost was far too small
and that it would eventually cost the city
between 5000 and SO, 000. Shubert moved
that the matter be referred to the commit
tee of the whole. The motion was supported
by Barstow and Brough and it prevailed,
Several communications and petitions were
received from citizens in support of the
measure and were ordered to be placed on
file.
Ben Austinis petition for remission of
taxes was reported favorably by the COM
mittee and the taxes were RENTED. The same
action was taken in the application of Belle
c. Philips. Several other similar petitions
were reported favorably by the judiciary
committee and were granted.
Reports of heads of city departments were
received and placed on file with special COM
mittees' communications announcing that the
reports had been examined and found cor
rect.
The street supervisor was directed to drain
Eighteenth avenue and Eight street into
the ditch along the Milwaukee railway
tracks in the vicinity.
The new ordinance asked for by the super
intendent of markets, requiring the owners
Of all weights and measures used in weigh
ing or measuring anything offered for sale
on the market to bring them to him for eX-
animation and approval, was taken up. The
ordinance was enlarged and made to include
the measures used by all milk dealers and
all dealers peddling any kind of produce from
house to house. When called away to dis
charge his duty the superintendent is per-
mitted to charge % cents a mile as mileage.
The discussion brought out many weak
points in the proposed ordinance and devel-
oped considerable opposition to it, but it
passed when the final vote was taken, Pace
alone voting against 1t.
! An ordinance was introduced regulating
the tearing up of paving for repairs of pipes
and requiring all such work to be done under
the supervision of the city engineer. The
ordinance provides a heavy penalty for its
| violation, and is intended to prevent the slip
shod manner of taking up and relaying pave
ment so long practiced. The ordinance was
| referred to the committee of the whole after
it had passed its first reading.
A communication was received from the
Iowa Construction company, represented by
John w. Paul, accompanied by his street
railway ordinance. Both were referred to
the committee of the whole.
The superintendent Of markets was In
structed to purchase additional weights to
be used in testing platform scales. The
street supervisor was instructed to purchase
a carload of oak lumber to be used in bridge
repair work.
Alderman Casper brought up the question
| again for advertising for bids for doing
the city printing. and managed to make
the conclusion of the session as interesting
ais the opening. lie made a motion that the
city clerk be instructed to advertise for
bids for printing the city ordinances. This
was not altogether according to the pro-
gram and the motion drew out a lengthy
discussion upon the provisions of the CON
tract with the printers now doing the work.
The matter was finally settled temporarily
by referring 1t to the committee of the
whole, with instructions to report in two
weeks.
The committee of the whole will meet
today for the purpose of looking after several
matters referred for further Investigation.
One of them will be the new engine house
for the southwestern portion of the city.