Omaha daily bee., 1903-03-25
CITY COUNCIL PROCEEDINGS
Order Of Court Prevents Passage Of the
Rosewatsr Frsnohise Ordinance.
NEW BILL COVERING SUBJECT INTRODUCED
Ordinance Practically Identical with
the One Covered by RestrRininE
order is Read Twice and
Referred.

Junction did not prevent the council from !
the first and second reading and !
he necessary publication OF an Andrew |
Rosewater' electric franchise ordinance |
without the amendment by a vote OF 20
not voting. The ordinance as passed is /
Identical with the original ordinance but /
was read as an entirely new ordinance.
The restraining order was signed by |
Judge Read and directed against the mayor
and the members of the city council, indi-
and as a city governing body. The
order was not given until five minutes OF
o'clock last evening and was served at
once on the members Of the council, reach
Ing them before the council was called 10
order. Stephen Rice, a laborer in the en-
ploy of the New Omaha Thomson Houston
Electric company, is made thJ relator in
the order, which directs that the council
be enjoined until a hearing before Judge
Read on March 80.
Attempting to pass the, pretended ordi-
nance. being document No, S2t7. without
the amendments thereto made by the said
mayor and city council and from sub
mitting TO the vote of the electors of said
city the proposition to grant the franch ae
mentioned In said ordinance and from TAX
ing any steps therein as In relation to the
granting of franchise under said ordi,
nance without the amendments thereto and
until said ordinance as amended has been
published for two weeks in two daily
Granting or giving unto the the said Andrew
Rosewater for himself personally or for his
benefit any franchise as described in said
tract in relation thereto with the said An
drew Rosewater or any person or persons
representing his interest therein, until the
further order of this court, and that the
hearing for temporary injunction be set
before me for 9:45 on the Both day Of March
at courtroom No. In The Bee building. "
Basis of the Petition.
The petition cites that the councils ac-
tion OF December 2S, injecting the amend
ments to make the franchise privilege gen.
eral never has been reconsidered and is
stlll in binding force; that the ordinance
as amended never has been published in
any Omaha paper and that hence the coun-
Gil is without authority, under chapter xiia
Of the Compiled Statutes of 1901, to grant
the franchise; that in the same chapter Of
the statutes 1t is made unlawful for any
officer of the city to be or become In any
manner interested or in any way partake of
the advantages and projects Of any contract
or work or letting to be made under the au-
thority of and by the city council; that any
contract. franchise or special privilege, and
that any such contract work letting or spe-
cial privilege or franchise attempted to be
granted would be against public policy. In,
violation OF the city charter ard void. In
cidentally, 1t Is added that Andrew, Rose
water is city engineer and hence q city
oficer, a part of whose duties 10 to super
intend all work upon the streets and ad-
vising the council as to tho advisability Of
the letting of all contracts and the grant
ing OF all franchises,
Councilmen HRscall and Mount were late
in arriving at the council meeting, as were
also the copies of the restraining order as
issued against the councilmen. In fact, the
restraining order and the detained council
men arrived within a few moments Of each
other.
Hascall Urges Delay.
On the first suggestion of the reading Of
any ordinance before the council Council
man Hascall was on his feet and declared
that the members were risking contempt Of
court in moving a handsbreath in any or
dinance matters. City Attorney Connell was
then called upon to give his opinion in the
matter and he declared that he was abso-
lutely certain that the ordinance matters
to come up during the evening were all
without the terms of the order and could
safely be taken up by the council. Never
theless Councilmen Whitehorn and Mount
refused to vote from fear Of the order Of
the court The other six of the council all
voted on the Rosewater franchise and in
the Affirmative, so that 1t was passed
through its first and second readings and
was ordered published in the Omaha papers
for a period OF ten days.
From the time that the resolutions Of
the Real Estate exchange and the South
Side Second Ward Improvement club, IA
voring the Rosewater franchise ordinance,
were brought up for reading Hascall proved
N,.Nt1
that the franchise and all that. pertained to
1t was a dead issue and could not be men
toned SO long as the restraining order is
in force.
ROsewater. Was Prepared.
In the course of the evening Andrew Rose
water said: "Mr. Wright, who prepared the
petition and dragged in Stephen Rice as the
pIaintiff at the last moment before filing
his papers, is in the employ of Mr., Nash.
have known this and that they were hatch
ing something for several days, and / was
not unprepared. l had another ordinance
ali ready to be introduced tonight and pub
lished Immediately, so that IL they beat me
on the first one may stin be able to catch
them with the other.
But that Mr.. Nash's forces can defeat
the first one seems hard to believe. l don't
see how a district Judge can brush aside
the council in such a manner as this. II
| is Just as II the supreme court would try
to step In and decide what congress shall
do, for a city council is nothing less than
reflection Of congress. After the ordi-
nance is passed q court might, with perfeci
propriety. pass upon its validity, but tc
review It in advance and decide whether OF
not It shall be passed is quite another mat
| ter"
| City Improvement Bonds.
The council also passed two ordinances
through their first and second readings
providing for the issuance Of $4,000 oi
/ city bonds for paving, sewer and engine
house improvements and building. The
| first one provided for the issuing OF 50.00t
| worth Of paving and sewer bonds during
/ each of the years 1908, 1904 and 1905, draw.
| ing per cent interest and not to be sold
| below par. The money is to be used fol
| paying the cost OF paving, repaving oi
matchmaking the street intersections and
| spaces opposite alleys in front OF prop
1 erty not subject to paving taxes and fol
the building Of city sewers. The seconC
ordinance provided for the issue and sail
OF bonds to the amount OF S45, 900 for thu
building Of engine houses in the city. Boil
bills we're referred TO the judiciary com
miItee after their Second reading.
The appointment Of Clayton W. Della
mater. George w. WarNham and ole C
Continued on Second Pagel