Omaha daily bee., 1903-03-31
EXTREME IN INJUNCTIONS
City Attorney So 0hsraoteriaes Move Against
ROsewater Franchise Ordinance
SAYS ueHT cONPANY PLAYs FOR use
ASSERTS that object of Reiator t. TO
Delay Action, SO that Question
Cannot ne Submitted at
spring Election.

Argument on the granting Of a tsmno-
rary injunction restraining the council from
passing the Rosewater electric franchise
ordinance was begun yesterday before
Judge Dickinson, Judge Day, who was to
nave heard the case. having been called TO
sarpy county to hold court. One Of the
features was the appearance OF w. w.
Morsman. attorney for the electric liRht
company. as an aid to Carl G. Wright. who
has been handling the application for the
injunction, which was made In the name
Of stephen Rice.
In the answer filed by Councilman Harry
b. zimman. one Of the defendants. Il IL
declared that Rice is a laborer in the
employ OF the New Omaha Thomson
Houston Electric Light company and is
being used as a tool by this corporation to
prevent the enactment OF the Rosewater
franchise ordinance. Rice was in the court
room Monday during the talking and
submission Of documentary evidence, but
was not called upon to testify. He filed
an afidavit declaring that he is a free
holder. owning lots "a and 20 In block l
OF Armstrong; First addition. According
to City Attorney Connell, the expense
OF submitting the franchise matter to the
people, which Rice objects to, at the broad
est calculation, would amount TO about
one-huDdredth of a mill In taxes against
his property.
Morsman Cites Authorities.
Although the city attorney outlined
briefly his side of the case, the greater part
OF the morning was given over to Attorneys
Wright and Morsman, the former arguing
on the merits Of the evidence and the lat
ter citing numerous authorities from many
salfskin- boun volumes.
Mr. Wright said the temporary injunc-
ton was asked for on two grounds; first,
because there had been certain irregulari-
ties in procedure in the council. the
amended Rosewater ordinance, which IL
practically the same as the Hascall or
d~inance. never having been published, and
the amendments never having been recon
sidered or revoked, and secondly, that An
drew Rosewater had no right to the fran
chise because he is an oficer OF the city
and the charter STIMULATES that no city I'm
ploye or officer shall be interested in con-
tracts with the municipality.
City Attorney Connell said hat the factr
were agreed to and that the questions to b.
decided were those Of law. "This seems Il
be an attempt" he asserted, ito carry gov
eminent by injunction to the widest ex'
IRENE. The ordinance that IL Is now pro
posed to pass after a third reading has beer
read the first and second times and pub
lished. The amendments introduced b.
Councilman Noun have not been reconsid.
cred, IL is true, but there is no reason VIII
they cannot be. SIX votes may do it at an
time. Therefore the charter requirement.
will be In every way filled.
Says Court cannot Interfere.
THE court cannot come In and interior,
with the legislative action Of the council
any more than it can interfere with tn
legislature. The mere proposing Of amend
ments and never carrying them into effec
could not invalidate the ordinance.
1T is true that Mr.. Rosewater. who want
this franchise question submitted to th'
vote Of the people. is the city engineer. ]
Is true, also. that his term OF ONCE ex
pires in May, and IL is safe to say tina
Mr.. Rosewater will not be the city en-
gineer when he accepts this franchise. with
in sixty days after the election, provided 1
Is granted to him. The desire OF his ad
versaries is to delay matters 80 that tn,
question cannot be submitted at the sprinI
election-so that IL the council passes tn
ordinance II will be too late to get 1t int
the mayors proclamation. TIL time 1
growing short and II your honor had no
been here this morning these people woul
have accomplished their purpose Of de
lay without regard to the right or wrong o
the question"