Omaha daily bee., 1899-12-22
son INJUNCTION
CASE.
Hearing Goes over Till the January
Term In the District Cnmrt.

Hearing Goes over TIL the J~anuary
Term In the District Court.
The hearing of the injunction suit of Slack
Peterson against the Board of Education was
continued yesterday until the January term
Of district court. An attempt was made to
get both sides to agree on a decree, but it
failed, and as neither side was prepared to
try the case it had to go over until next
term.
Attorney Flickinger, representing the
plaintiff. filled a motion for a decree, claim
ing that the school board in ite pleadings had
admitted that the Smith appeal case had been
decided adversely to the district. He asked
that the temporary injunction previously
granted be made permanent. Learning later
that the pleadings of the defense did not
make the admission claimed, he withdrew
the motion and an attempt was made to
compromise on a decree and thus dispose of
the suit.
The attorneys for the school board were
willing to let the plaintiff have a decree of
Injunction on condition that in the event of
the voters Of the district selecting the Oak
land avenue site for the location of the High
school the injunction should not operate.
I This Attorney Flickinger refused to agree to.
Another point in dispute was the question of
the fees paid to Attorneys Sims and Stewart
for their services in defending the school dis
LlCJ III lne appear OF smith ana IN the case
at bar. Flickinger insisted that the fees be
wiped off the map and that Sims and Stewart
be ordered to pay back the portion received
by them. This the defendants refused to
agree to and thus all negotiations looking to
a settlement of the suit came to an end.
President Sims, up to last night, had not
called a meeting of the board to further con-
slider the site question and it is understood
that none will be called until after the holi-
days. The members of the board who are
opposed to the Oakland avenue site claim
that the proposition to submit the question
Of the location of the High school to the
voters of the district is not a fair one. This
claim is based on the grounds that while
there would be only one site north of Broad
way to be submitted TO the voters there
would be several south of Broadway. This,
they assert, would give the Oakland avenue
supporters an immense advantage, as their
votes would all go solid for their particular
site while the ballots of the voters who
favor a site south of Broadway would nat
urally be divided among the several sites in
the field.
When this objection was made known to
the supporters of the Oakland avenue site
they offered to compromise the matter. They
suggested to the members of the school board
who are opposed to any site north of Broad
way tic lHtS dSltt OH q SluSlV Si'V oou'h
of Broadway and then let the people vote on
that and the Oakland avenue tract. In the
event of the site south of Broadway secur-
ing the largest number Of votes then the
members OF the board at present favoring the
Oakland avenue site would agree to vote in
favor of any site south of Broadway that the
majority of the board might select. In the
event of the people voting in the majority
for the Oakland avenue site then the mem
bers of the board at present opposed to it tc
agree to vote for its selection. This propo-
) sition is at present under consideration, but
it ia said there is little likelihood Of it being
accepted. Members Moore and Hess are said
to be ready to agree to it, but Member Henry
says he will not be a party to any such deal
1t is believed that when the board gets
together again there will be enough votes tC
rescind the action selecting the Ballard site
and to order a special election held.
Another objection raised to building the
High school on the Ballard property is the
fact that the ground would have to be piled
and this would entail an extra expenditure
of several thousand dollars. When the Grand
hotel was erected it was found necessary tc
put in a large amount of piling. This was
not, however, done when the annex to the
hotel was constructed and the consequence
has been that the annex has settled and the
} walls are badly cracked.