Omaha daily bee., 1901-01-21
Decision of supreme Court Finds Sore
spots Among Litigants.

The decision of the supreme court m
affirming the ruling OF Judge Thornell OF
the district court, in which the latter held
Illegal the city ordinance granting the
motor company a ffty-year franchise, is a
sore disappointment to the company. as II
had confidently expected a reversal OF the
decision of the lower court
The history of the ffty-year franchise
has some interesting features connected
with 1t. On September 90 1897, just ten
days before the new Iowa code went into
effect, the motor company submitted to the
city council an amendatory ordinance by
which its franchise was extended for a
further period OF thirty-f years, the
old charter under which the company was
then operating having at that time fifteen
years yet to run. The ordinance was passed
at tha. session of the council and imme
diately a vigorous opposition arose to the
granting of such long term franchise, in
view of the fact that the new code which
was to become a law in few days pro-
vided that no franchises should be given
or extended without first being submitted
to the vote OF the people Those opposed
to the action of the city council contended
that IL would have been more proper to have
deferred the matter until the code went into
effect. Mass meetings to protest against
the action Of the council and to request
Judge Carson, who was then mayor, to re,
fuse to attach his official signature to the
measure were held.
Extra Edition Not Legal.
Mayor Carson hesitated about signing the
ordinance and 1t looked for time as II
the new code would go into effect with the
measure unsigned and then the motor COM
pany would have been compelled to submit
the question to the people. The new code
went into effect at midnight on September
80 and that night there was a large and
interested crowd of citizens gathered in the
city hall awaiting the decision OF Mayor
Carson. As the hands OF the clock in the
Office of the city clerk pointed to o'clock
Mayor Carson took up a pen and hastily
attached his signature to the ordinance.
Representatives of the motor company
FASTENED with a copy to the Nonpareil and
4 special edition was printed containing the
publication of the ordinance shortly before
midnight. A few copies of the special edi-
tion were sold on the streets, representa-
tives of the motor company acting in the ca
pacity of newsboys. Judge Thornell held
/ that the publication in the special edition
| was rot such a publication as the law con-
| tomplated and required and that therefore
| the ordinance never did become valid and
| binding legislative act of the city.
Nature of Private Contract.
The attorneys for the motor company con-
| tended that the ordinance was in the nature
of quasi private contract between the city
and the motor company and was not an
| ordinance the validity Of which depended
| upon publication within a stated time. They
| further contended that the validity OF the
ordinance would not have been affected
| had 1t not been published for month after
| 1t had received the official signature OF the
mayor. All that was necessary, they held
| to make the ordinance valid and effective
was the mayors autograph on 1t and that
had been attached within the proper time
| limit.
The suit attacking the validity OF the
ordinance was commenced within n short
time after the passage Of the ordinance
but II did not reach the court until Feb
ruary. 1899 Judge Thornell's decision was
handed down in August Of the same year.
The motor company now has the nifty
year franchise of the Suburban company
to fall back upon. The Suburban company's
franchise was voted by the people at q
special election held in December 1899.