Omaha daily bee., 1902-06-27
MAKES DECREE SWEEPING
Judge Scott Issues Final Order in Lake
Manawa Litigation.
FENCES MUST COME DOWN ON DAY FIXED
Motor Company Files supersedens
Bond, but Judge Asserts IL is
imperative in This Pro-
ecdin

As had been intimated, Judge Scott, in
entering the decree in the injunction OF
Crisman G. Richards and others against the
motor company, made the mandate more
sweeping than his ruling had previously
implied. Under the decree the motor COM
pany is also restrained from obstructing
the boulevard which formerly ran along the
lake front at the foot Of Third street, as
without this property owners at Manawa
would have no access to the lake. The
decree reads as follows;
Wherefore. it is ordered. a%djudged and
decreei by the court that the Omaha,
Council Bluffs & Suburban company and
the Omaha & Council BUNS Bridge and
Railway company. their officers and agents,
be. and forever are enjoined from fencing
obstructing, using or occupying, or In any
manner use, occupy or Interfere with the
following described streets. in what is
known as Manawa park;
Park avenue from its intersection on the
west with the county road to It's intersec;
ton with the county road on the east, and
through said intersection with the county
road to South First street on said plat.
South Third street from Its intersection
with Park avenue to the water line or the
south.
That part of the street marked Boyle-
ward, on the plat, siXty-six feet wide, lylng
east of the west line of South Third street
and bordering on LAX Manawa; and south
of Third street and west half OF block 81.
avenue, twenty-four feet wide, lying d.
rectly south Of block 81, and connecting
with the boulevard referred to.
The decree further provides that the
| temporary injunction is made permanent
and in case the motor company fails to re-
move the fences and other distractions by
noon Of July 8 an order will issue from
the court instructing the sheriff or other
duly qualified officer Of the court to abate
the nuisance. The costs in the action are
taxed up against the motor company.
..., Motor Company Appeals.
The motor company. as soon as the de-
cree was entered, not only hled notice of
| appeal, but a supersedeas bond in the sum
Of 1000, which was approved by N. G.
| Phillips, clerk of the superior court. What
effect this supersedeas bond will have rel
mains to be seen. Judge Scott denied the
application Of the company to file such a
bond on the grounds that injunction pro-
ceedings cannot be stayed by supersedeas
and that his order must be carried out on
or before the date set in the decree. The
attorneys for the motor company, on the
other hand. contend that the filing Of the
supersedeas bond is perfectly legal and
that 1t will serve as a stay Of further pro-
ceedings pending the determination OF the
appeal. They take the grounds that as the
fences complained of have already been
erected the injunction restraining the COM
pany from thus obstructing the streets is
of no practical account and that in order
to compel them to remove them the court
will have to make a further order declar-
ing them a nuisance and that the bond will
serve as a stay against any such further
order.
The motor company has constructed q
dock along the bank of the lake and the at
torneys claim that 1t is on private land
and that the boulevard ordered opened llei
north Of 1t, and that the company will
erect a fence along the dock. thus shutting
of access to the lake. 1t was stated last
evening that in view of these threats BY
the attorneys for the motor company that
counsel for Crisman & Robards would pre-
sent the matter again to the court today
for a further order in the case.
Fire! Fire! Fire! The largest stock o.
fireworks In the city. A. B. Howe, 81