Omaha daily bee., 1899-01-30
City Officials Contend that Main
POinta Are Not Touched UpOn.

SHy O"c10IH contend mat Main
Points Are Not Touched Upon.
City Attorney Wadsworth has received a
certified copy Of the supplemental decision
Of the supreme court in the city warrant case
OF N. G. Phillips against w. B. Reed. city
treasurer. The decision practically decides
nothing and the city officials are still at sea
as to whether. under the existing conditions,
the new or the old warrants should be paid
first.
Despite the decision OF the supreme court
City Treasurer Reed does not feel that it is
safe for him to continue to pay warrants
issued for current expenses and he will re-
fuse to do 30 until a more definite decision
Is arrived at by the courts.
The decision Of the supreme court, while
ruling that the warrants issued for the cur
rent indebtedness OF the city take prece-
dence over the old warrants. fails to touch
upon the vital question involved, namely, the
constitutionality Of the law as applied to a
city incorporated as a city Of the first class
subsequent to 1881. The decision as handed
down by the supreme court simply reaffirms
its former decision on the grounds that the
attorneys failed to argue the really vital
question in the case. The decision Is as fol-
lows:
N. G. Phillips, appellant, against w. Is.
Reed, appellee. per curriam. The foregoing
opinion was withdrawn On our motion for
the purpose of adding a brief statement OIL
a point disclosed by the record, but which
counsel did not see fit to present. We make
mention OF 1t to forestall any misunderstood
ing Of our holding.
1t appears that Council Bluffs was organ
lied as a city Of the first class subsequent
to the year 1881 and by the terms of chap
ter iv of the Twenty-seccnd general assem-
bly, 1t Is exempted from the application Of the
provisions Of that statute.
This point counsel for some reason studi.
ously avoided presenting. They united in
stating Two propositions only, as raised BY
the demurrer. These We disposed Of in the
original opinion. More than this we were
not permitted to do under our well-estah-
iished rule to give no attention to points not
argued.
Counsel had a right, Of course, to rest
their clients claims upon any ground they
saw At. We only desire to say the case was
then tried. viz. that the statute mentioned
applied to the city Of Council Bluffs. Be-
cause Of the method Of presenting the case
we ssumed. but did not decide that the
statute applied. II 1t does not, the effect
Of the exemption is an open question to be
settled hereafter.
This second decision OF the supreme court
In this case 10 received with no small
amount OF establishment in Council Bluffs,
rs when the case was brought before Judge
Smith in the district court on demurrer, at
his suggestion the declaration that Council
Bluffs was organized as a city Of the first
class subsequent TO 1881 was interlined in
the petition and incorporated In the record
that was hled with the supreme court in
Des Moines. The attorneys on both sides
were under the impression that this fact in
the case mad been properly and sufficiently
brought to the attention OF the court and
therefore the language OF the ruling as
handed down In this second decision comes
as 4 complete surprise to them.
The general Interpretation of the decision
10 that It does not decide and leaves the
main question still open. AS 1t now Is the
city authorities feel that in order to get
the matter settled satisfactorily. they will
be compelled to bring another test suit.
When seen yesterday City Attorney Wads-
worth said he was not prepared at this time
TO say whether a rehearing on the present
suit would be asked from the supreme
court.