Omaha daily bee., 1899-04-15
SHEA Is ON The WARPATH
Wants the Mayor and Council Hauled Up for
Contempt of Court.
FILES AN INFORMATION AGAINST THEM
His Proceeding II Pronounced by
Lawyer Hnri as simply "Rot"-City
Attorney wadswortb Expresses
the same Opinion.
FILES AN INFORMATION AGAINST THEM

Lawyer Hnri IA simply "Rot"-City
Attorney wadswortb Expresses
the same Opinion.
Attorney ]. ]. Shea lie now out after the
scalps of Mayor Jennings and the members
of the city council, and wants those officials
locked up in the county jail, unless hey
are willing to do certain things which he
desires. He takes exception TO the action
of the city officials in adopting resolutions
at the meeting of the city council last Mon
day night to refund the municipalities out
standing Indebtedness insofar as the gen.
eral and water fund warrants are concerned.
This, he declares, is a violation OF the de-
cree handed down by Judge Towner In
the suit of Shea against the City Of Coun-
Gil Bluffs. just before court adjourned yes
terday afternoon Shea appeared in the Of
flee of the clerk of the district court and
filed papers purporting TO be an informa-
ton charging Mayor Jennings and the mem
bers of the city council with contempt OF
court. The court being occupied at the
time in hearing a case, Shea said he would
postpone calling the attention of Judge
Smith to the information until this morn
ing.
In the Information Shea opens by quoting
the following portion of Judge TOWERS
decree In the suit hereinbefore referred to:
ut is therefore ordered, considered and
adjudged and decreed by the court that
the defendant, the city of Council Bluffs,
Ia, and its officers and agents, be, and
they are HEREBY estopped, e~njotnsd and re-
strained from the issuance Of any further
general city bonds or any further intersec-
ton, sewer, grading or paving bonds, or
other evidences of Indebtedness in excess
OF the amount now outstanding of said
bonds, and they are further e~njoined and
restrained from levying any tax to pay said
bonds, the issuance of which is hereipbefore
enjoined."
Gives His Reasons.
Continuing, he recites the fact that Vic
tor Jennings is the mayor of the city and
that ]. A. Atkins, John Brough, L. A. Cas-
per, G. NJ. Christensen, T. B. Metcalf, w.
D. Johnson, E. E. Sayles and l.. M. shu-
bert are the duly elected and serving mem
bers of the city council. He also informs
the court that William Brooks Reed is the
duly elected and acting treasurer of the
city.
The mayor and councilmen, he alleges,
have been and are guilty of contempt of
court inasmuch that without regard to the
restraining order and injunction of the
court, made and entered of record in the
case of Shea against the City of Council
Bluffs, and with the avowed purpose OF
violating said order, they did on the 18th
day of April, 1899, at a regular meeting of
the city council, pass resolutions providing
for the issuance of bonds in the amount
Of $3.50 900 to fund the general fund war
rants outstanding, and in the amount of
$62, 900 to fund the water fund warrants
outstanding.
After quoting the two resolutions in full.
Shea concludes his Information with the
following prayer:
Wherefore, the plaintiff prays that this
court issue it's precept to the sheriff of this
county directing him to attach said mayor,
Victor Jennings, said members of the city
council and bring them before this court
to show cause why they and each of them
should not be punished for contempt in dis
obeying and violating said order.
Plaintiff further prays that said mayor
and members of said city council be ordered
to rescind both of said resolutions and that
on failure so to do within a reasonable
thine fixed by this court, that they be con-
fined in the county jail until they shall
comply with said order"
Reference to the decree, as handed down
by Judge Towner, shows that Shea omitted
from the portion quoted in his information
a very material and qualifying section. AT
the point in the paragraph OF the decree as
quoted by him, where he leaves off, the fol
lowing appears in the original decree:
"This inhibition shall not apply TO re-
funding bonds issued Under legal authority
in exchange at not less than par and &C
crued interest for valid outstanding indebt-
edness of the city OF Council Bluffs"
In the opinion handed down by Judge
Towner prior to the decree and which was
made a part of the decree, the court held
that the general fund and water fund war
rants were not part OF the city's indebted
ness within the meaning Of the constitutions
inhibition. 1t was acting on this ruling
which was incorporated as parts OF the res
olutions, that the city council decided tt
take the necessary steps looking toward
funding the outstanding general and watel
fund warrants.
Mr.. Harl Says "ROt"
c. NJ. Harl of the firm of Harl & McCabe