Omaha daily bee., 1899-10-18
RELIEF ORDINANCE KILLED
Veto of the Mayor Deters the Council frcm
Remitting Taxes,
COMPTROLLER REFUSES TO EXECUTE II
city Attorney Admits Its HIeEnIity,
but Advises Its Passage-More
Trouble over Paving Com
tracts and Bonds,

Mayor Moores took another shot at the
council Oh its low levy Tuesday night in
vetoing an ordinance and, contrary 10 Gus
tom, the veto held good. The measure did
not receive as much support for its passage
over the veto as 1t did when first passed.
The veto message, which explains the nature
OF the ordinance, was as follows:
To the Honorable, the City Council of the
city of Omaha: Gentlomen-I return here
with without my approval document 3IOG
passed by your honorable body at your spe-
cial meeting October 10, 1899. This docu-
ment Is an ordinance authorizing the pay
ment of special assessments and personal
taxes levied prior to 1897 without penalties
and with remission of interest in excess Of
. per cent provided such payment is made
before February /, 1900.
L believe this Is one of the worst pieces
Of LEGISLATION, eve. attempted in this, city.
1t Is violation of law and has nothing to
Justify 1t Whatever. The law provides that
these special assessments of former years
linquent and at l2 per cent after delin-
quency and provides that personal taxes
shall bear interest at u per cent per annum
bids the mayor and council canceli!ng any
tax or rebating any interest on the same
HnGer IN of Teners for bem
liable to suit upon their bonds for the
amount of taxes or interest so rebated.
1t seems strange, therefore. that in face
of law which is SO unequivocal an attempt
should be made of this character. 1t is but
the natural result, however, after the low
levy of last February. The council now
finds itself confronted with deficiency Of
| thousands of dollars and the only way to
escape seems to them to to- be & by violating the
1t hardly seems to me that the prompt
taxpayers of Omaha will appreciate this ef-
pay their taxes promptly. This ordinance
is unfair, unjust and Illegal and | there
fore return FRxNR i xh ny E. MoSRE Moo Mayo
nd taI
once levied could not be remtted or set
aside except by the courts and that tech
nically the ordinance was illegal, but he
believed that it's operation would be for
the benefit of the city. Comptroller West
berg. in answer to a question, stated fatty
that he would not obey the ordinance unless
compelled to do so by the courts. The or
dinance he regarded as illegal and positively
| against the provisions of the charter.
A trial of the matter in the courts was
| talked Of but did not seem to be practicable
and, although Mercer, Stuht and Mount
! defended the ordinance, 1t failed to pass
over the veto.
| Contracts Approved.
| The city attorney returned without his
approval the contracts and bonds for the
Improvement of Woolworth avenue, between
/ L IL
and Thirty eighth avenue, between Farnam
| and Dewey. He gave no reason except that
he did not think the city could successfully
! defend itself IL the assessments should be
attacked in court, which some Of the mem
bers did not think was sufficient information
| for them to act upon. Both contracts and
| bonds were therefore approved. Mr.. Con-
| nell in speaking of the matter after the
meeting said that he did not give his reasons
| in a public report because he did not be-
| lieve in furnishing the enemy ammunition.
! Karr made an effort to get three out
living fire hydrants moved to Bristol street,
| in accordance with the voluntary offer OF the
water company but there was considerable
objection because the proposed changes had
not been approved by the chief OF the fire
| department and the city engineer. karr
| said they would be and withdrew the resolu-
| ton
communication from v. o. Strickler,
| complaining that the city had not fuihlled
| its contract to restore the property or MIS-
| Laing on Mason street to its condition be-
| fore the grading, was text for some al
| legged jokes and the council refused to take
| It seriously 1t was referred to the city
engineer.
| Two resolutions, allowing fences to be
set out seven feet beyond the lot line on
the east side of Twenty fth street, between
Cunning and Indiana streets were passed
| over the mayors veto.
Mrs. Bridget Sullivan was granted re-
mittance of a special assessment FOR the
paving of Shirley street, on the supposltlon
that her husbands name was forged to the
petition. The settlement was recommended
by the city attorney.
The resolution of the Board OF Education
asking for the establishment OF fire COM
pany on Capitol hill, was referred to the
fire and police board