Omaha daily bee., 1903-05-14
ENJOIN THE C~ERRYMANDER
Victor Rosewater and W. q. shriver Bring
Suit Against scheming oOunclmen.
DICKINSON ISSUES RESTRAINING ORDER
Restricting Plan Alleged to BE n Com
spiracy on h Part OF
CounctImen to PrOlOng
Tenure of once.

Yesterday Judge Dickinson issued a
temporary restraining order against the
mayor and the city council restraining them
from passing or approving tho ordinance
introduced Tuesday night having for It's
purpose the redistricting of the city.
The order was issued upon the complaint
of Victor Rosewater and w. g. Shriver'
who in their complaint set up that on May
5, 1908, an election was held In the city or
Omaha for city officers, and that Of the
members of the city council II. B. zimman
and Fred II. Hoye were reelected that
the others were not renominated nor re-
elected, that the terms Of Office Of all Will
expire May Is, and that each and every
one of them should and ought to be retired
to private life; that May u, Isaac Hascall,
one OF the members of the council who
were not reelected, introduced into the
council an ordinance known as document
No. 1913, which has for its purpose the
CT eation OF four new wards of the city OF
Omaha: that said ordinance was introduced
for the purpose OF continuing In ONCE the
members OF the council whose terms ex-
pire May 2; that these members have con-
spired together for the purpose of keeping
themselves In office without an election,
and that unless the order is issued they
will accomplish their purpose.
1t is further alleged that the proceedings
are illegal for the reason that the proposed
ordinance attempts to divide the city into
wards. each containing a population not as
near equal as may be, as directed by the
law under which the members OF the coun-
Gil pretend 10 act.
COuneIlmen Are Served
Under the plan OF the majority, as an
nounced Tuesday, the council was to have
met at 10 yesterday morning for the pur-
pose OF placing the ordinance on its Anal
passage. IL was a few minutes before the
hour OF meeting when a deputy sheriff
served a restraining order on three men,
bers OF the majority OF the council, and
later in the morning the order was served
on other members The order is as follows;
Upon application OF the plaintiffs for an
injunction upon their petition, duly, certi-
ned. and IL being necessary that the de
PENDANT should have notice OF the applica-
lion before an injunction is granted, II Is
therefore ordered that said cause be set
for hearing on the Goth day of May, 1898,
at 10 o'clock a. m, az court room no. bee
building omaha Se6 ana Una 1nf p'a IA
defendants OF the time and place of said
hearing. and that until the further order OF
the court a restraining order Is allowed
restraining the defendants. and each OF
them, from passing, approving. or tak.ne
aTS,nSnee i1trodueed into the city council
MAY -, 1908, and numbered and known as
document 1913, and referred 10 In the peu'
lion herein, or from passing, approving OF
taking any steps toward enactng or adopt.
ing any ordinance whatsoever similar q
said ordinance and document NO. 1913
aforesaid. and having for its purpose and
object or having a purpose and obJecl
similar 10 that Of said ordinance and dOcu
ment No. lO7S, aforesaid, upon the plain
tins executing an undertaking in the sun
OF 500 as required by law.
Shortly after the order was served Isaa0
Haseall and W. b. Ten Eyek called at tn.
onoe OF the clerk OF the district court an
secured a copy of the complaint upol
which the order was based and a copy 0
the order.
Councilman Hasoall said; Il want to Sc
just what has been alleged in the matte
and then / will be In a batter position 1
outline a course Of action. At the presen
time / tbiEk we will call the matter up 10
hearing upon temporary injunction befor
May 20. SO we can enact the ordinance be
fore our terms OF once expire"
Ten o'clock was the time set for the CON