Omaha daily bee., 1903-02-06
GOVERNOR AND WATER BOARD
City Attorney Believes Law for State
Appointment is Demonstrations.
SAYS IT VIOLATES RIGHT TO HOME RULE
Furthermore. city Attorney f. of the
Opinion hat Bi-Partisan PrOvi-
sion r. in the Nature Of
Glass Legislation.

That the governors appointment OF n
board Of water commissioners under the
Howell bill. at this time would be uncon-
stitutlonal is the opinion Of City Attorney
Cornell, who said yesterday morning:
1.-THE gentlemen whose names have been
mentioned in this connection are among
our best citizens, and undoubtedly well
qualified for the duties OF members OF such
q board, but in my opinion their appoint
ment at this time by Governor Mickey
would be premature and absolutely without
authority Of law. The pretended authority
is claimed to be given by sections 5 and 9
of Howell's water works bill. In the first
place I do not think the governor can be
empowered to appoint a water board for
the city of Omaha. as his act in that behalf
would be an usurpation Of the power that
can only be exercised by the inhabitants
of the city. BY this l mean the right OF
the people TO local self-government and to
control their own affairs and expenditures,
especially those that do not relate to the
maintenance Of peace and good order In
which presumably the entire state has an
interest.
Considers II Glass Legislation.
"In the second place. the provision con
tained in the Howell bill requiring the
kONNIuOI ~ btltNN II III VI ~
water board from the two political parties
casting the greatest number Of votes for
governor at the last preceding general cleo
tion would rule out from consideration by
the governor every person-no matter how
desirable OF comprehensive did not hap
pen TO belong to the republican or demo-
cratic party. In fact, It would rule out
every person who failed to register as a re-
publican or a democrat. l believe this is
an injustihable and unconstitutional at
tempt to discriminate between citizens and
is in the nature OF class legislation.
'In the third place, l consider that under
the express terms OF the Howell bill the
action Of the governor in appointing mem
bers Of the proposed water board at this
time would be premature and unauthorized.
The Howell bill provides that in each city
Of the metropolitan class which OWNS and
operates a municipal water plant, or which
has heretofore voted or may hereafter vote
bonds for the construction or purchase of
D municipal water plant there shall be a
water board OF six members.
Bond Vote of o
at is not claimed or pretended that
Omaha now either owns or operates a
municipal water plant. The only pretense
Of authority for now appointing members
OF n water DOdTu Is JndI the city mas mere
tofore voted bonds for the construction or
purchase OF a municipal water plant. This
contention is based upon the vote Of the
people at the election OF 1900 under the
provisions Of ordinance 1891. containing a
proposition to authorize the issuance of
bonds for the appropriation or purchase
OF a municipal water plant and land there
Tor.
1.-THE proposition contained in ordinance
1891 is not for the construction or pur-
chase OF a water works plant, as contem-
plated by the Howell bill, but is for the
Appropriation or purchase of a water works
plant, and is based on a then existing law
which authorized the mayor and city coun-
ell to determine the mode of acquiring the
water works, and to declare the necessity
nf acquiring the same by condemnation pro-
peedings under what is known as the right
Of eminent domain. This Is the only safe
or proper way for the city to acquire the
water works plant. Even under the Howell
bill the right OF the city to acquire the
water works plant by this method is rec
OgniEed. To now appoint the members of
The water board would be adding the fifth
wheel TO a coach. It would serve no useful
purpose. The members OF the board and
the superintendent, until the water works
plant Is acquired, would have nothing To
10 but draw their salaries. This bill seems
to be especially designed to enable the SUI
perintendent 20 do this. commencing at
once and ending indefinitely"
No Levy for Water Fund.
Speaking of the effect of senate file 1
upon the former power OF the council 10
make q levy for the purposes of the water
tund Mr.. Cornell said:
THE council cannot now legally make
any such levy. The Howell bill amends a
number OF sections OF the charter and
among others section 1888, relating to the
annual levy of taxes for municipal pur-
poses. Special mention is made n each
fund, and the limit OF the levy for each
fund Is stated. Among the other funds for
which a levy was authorized under the
section prior to the passage of the Howell
water works bill was the water fund, as
follows: For providing a fund for paying
for water for FIRE purposes and for public
use. 500. 000.' This provision is completely
eliminated and dropped out of the charter
by the amendment"