Omaha daily bee., 1899-02-02
OWNERS OBJECT
North Side Residents Fight Location Of the
Smallpox Hospital.
BOTH SIDES ARE BEFORE JUDGE KEYSoR
City OmciRls Contend that Location
is Isolated and Not Detrimental
TO Health OF Any of the
Citizens.

Hearing OF the smallpox hospital %injunc-
ton case began before Judge keysor in
Judge Dickinson's court. Judge Dickinson,
before whom the restraining order OF Judge
Fawcett against the city had been made re-
turnable. had gone to Lincoln, so Judge
Fawcett, believing the nature OF the matter
was such as 20 make immediate action by
the courts imperative, asked Judge keysor
to hear 1t.
Mr.. Grafton and the Other petitioners were
present in considerable numbers and Build
ing Inspector Butler and his deputy, Carter.
were on hand to see now the thing went.
Park COMMISSIONS Cornish was also pres
ent to explain the exact status of the park
board to the court. The petitioners, through
their legal representative, endeavored to
gain more time.
As soon as Judge Keysor arrived Mr..
Cornish said the park board had been made
a party to the case, when the fact was that
1t had nothing whatever to do with the
matter. Fontanelle park had been leased
to Henry Banner against his (Cornish's)
opposition, as Cornish had favored going
ahead and planting the park with trees, and
now the city is undertaking to obtain pos
session, while the park Is in Banners
hands. The position Of the Park board,
he explained, is simply that of a neutral
party. The sanitary board OF the city and
the city council determined that the loca-
ton OF some pest house is a matter of
immediate necessity in the exercise OF the
| city's police powers. Mr.. Cornish hoped
that the suit would eventually result in the
park board regaining possession by the
! voiding of the Banner lease. What &C
! quiescence there has been of the board was
based upon an understanding that the pest
| house would be temporary, he said.
showing ny Citizens.
After some delay Mr.. Richardson, repre-
senting the petitioners, reappeared with a big
pile of books, but, reminding the court of the
shortness Of the time allowed for prepara-
ton. he hoped a continuance would be taken
until the afternoon or next day. The city
was represented by E. H. Scott, who said
his side was fully ready. While he aud City
Attorney Connell had been engaged in an i'm
portant case the day previous this matter
had broken in and Judge Fawcett, recogniz-
ing the exigencies of the case, then felt that
the matter should have an immediate hear
ing.
Judge Keysor inquired whether the case
should be heard upon affidavits. Mr.. Rich
ardson said he had none ready and Mr.. Scott
said Judge Fawcetts suggestion had been
that it be heard upon oral testimony. Judge
Keysor proposed that the restraining order
be set aside and the motion for a temporary
| injunction continued, so that the city could
go on with It's building. This would give
the city the benefit Of time IL Its side Of
the case should prevail, though, Of course.
1t would sustain the loss Of the building IL
the case went against 1T. The matter was
of such importance that the court could not
ignore the necessity for immediate action on
the part Of the city in regard for the public
health, whilst, on the other hand, II the To-
cation Of the pest house would be a menace
to the health Of the section west of Twenty
fourth street and north of m avenue, as
claimed, the residents were entitled ITO the
protection Of the courts. He asked Building
Inspector Butler how long it would take to
complete the building and was informed,
"Three days"
Both Messrs. Richardson and Scott had
objections to tile courts suggestion. Me.
Richardson hoped the restraining order
would stand, though he would not oppose a
modification Of it sufficient to allow the
work on the building to proceed. The
difficulty with this, said Mr.. Scott, would be
in the event of the case going against the
city that a certain fund had been set apart
FOR the pest house and 1t would be ex-
hausted. If another building would be put
up somewhere else there would be two
pest houses and the city had no need Of
two of them. No matter where the pest
house would be located-if on a raft in
the Missouri ~river-there would be OBJ
jections from some property owners and
residents. he observed.
Court Asks Some Questions.
Judge Keysor asked il counsel could agree
upon the facts. AS Richardson was not
aware Of any answer having been filed and
Scott had not seen Richardson's petition, the
court asked for the reading of the pleadings
with a view to simplifying matters. The Pc
tition set forth that the Fontanelle park Vi
cinity is pretty we'll settled; that persons
connected with the hospital will be compelled
to traverse Ames avenue. an important thor
~oughfare. and 90 through this residence sec
ton, that the site will be near the Central
Park school, and that the drainage will be
dangerous, as it will have to be emptied into
a lake In Miller park. The contention of
the petitioners was that the pest house will
be a menace to health and a damage to prop
erty.
The answer OF Mr.. Scott took the oppo-
site ground, denying that the section In
question was thickly settled, and stating
that Fontanelle park itself has been used
for a pasture instead Of the uses to which
q public park is usually put.
The court put some questions to Mr..
Richardson for the purpose of reaching an
agreement. Judge Keysor did not think
a temporary injury to property values
would constitute a sufficient ground for an
injunction under the circumstances, il the
health OF the city demanded protection from
a contagious disease. He asked II a
| locatinn e00 fpat auay from hnaa oyapua