Omaha daily bee., 1903-05-16
RESTRAINING ORDER STANDS
Judge Dickinson RefuIes to Hear Motion Of
Hasosll TO Vaoats.
eERRYMANDtR SCHEME is KNOCKED OUT
city Attorney COnneII Says Present
Council VIII Not Have Sufficient
Time TO Put New Ordi-
nance Through.

Judge Dickinson refused yesterday to
Racate the restraining order issued Wednes-
bay TO prevent Hascall and his associates
in the city council from passing ordinance
IO73, gerrymandering of the city to perpetu-
ate the majority Of the big five" in office.
Incidentally they secured a modification
of the order, but the change does not per
init them TO enact an ordinance winch
would accomplish the same purpose al
though 1t shows a way In which this might
possibly have been done had they started
In time.
When ]. p. Breen, counsel for the coun-
bilmanic combine. called up his motion to
have the restraining order vacated none OF
the attorneys for the compliments was
present and j. NJ. MacFarland, who offices
with Frank Weaver, one Of the attorneys
for the complainants. asked to have the APP
plication passed until the return of Mr..
Weaver, who is in Minnesota. He raised
the point that the notice to the complain
ants of the hearing upon the motion to va
cate had not been sufficient. Mr.. Breen
combatted this idea without success, Judge
Dickinson holding that due notice had not
been given and for this reason the motion
could not be heard.
Asks for Modification.
Mr.. Breen then asked that the restraining
order be modified to permit the council to
pass an amended ordinance redistricting
the city, which would not contain the un-
lawful features of the pending bill. The
fudge construed the present order to mean
that the council is not restrained from
passing a legal ordnance. but only from
passing an ordinance similar to that mem
toned in the restraining order, and that
this provision should stand to prohibit the
council from amending the pending ordi-
nance slightly and passing that.
Mr.. Breen then asked that the order be
go modified that the council be permitted
to amend the pending ordinance TO strike
out the features alleged to be unlawful and
pass such amended ordinance. The judge
refused to make such a modification, but
offered to amend the restraining order to
permit the council 10 pass a new ordinance
which would not contain the unlawful fea-
lures. When the attorney for Hascall and
the combine protested against this order
and again asked why the council would not
be permitted to pass the pending ordinance
In an amended form the Judge told him
such a course would take from taxpayers
and litigants alike the right to investigate
the terms OF the amended ordinance and
would defeat the ends for which the pres
ent litigation had been instituted. Mr..
Breen later in the day said he would take
no steps to have the order modified as indi-
Gated by the Judge unless forced TO do so
by his clients.
ConneII Says Game Ia Blocked.
w. J. ConneIl, who appeared on behalf Of
the mayor, one of the defendants in the
case. and who, during the argument as to
the right OF the court to hear the motion,
took the position that the mayor as one of
the defendants had not been notified Of the
pending motion and had no time in which
to decide upon a plan Of action. He said
at the conclusion of the hearing that the
order of the. Judge defeated the object Of
the councilmanic combine in attempting to
continue their term of ONCE for the reason
that sufficient time does not remain for the
council to introduce a new ordinance, pass
It and have it In the hands OF the mayor
within three days OF the next regular meet
ing Of the council as required by law. On
the other hand, Attorney Breen said tina
II the council should meet In special session
today. pass an ordinance to it's third read
ing. it could pass the ordinance tomorrow
and have 1t before the mayor in the time
specified by aw. He intimated, however,
that such a course would not be pursued.
The time fof hearing the application for a
temporary injunction on the original appli-
cation remains fixed for May 20.
The Hascallites served notice on the COM
plainants yesterday that they would sub
nit a motion at $3.50 Monday morning to
advance the hearing on the application for
an injunction.
Karr Declares Himself.
Myron d. Karr, president OF the outgo-
ing city council and one of the men ac-
cused of trying TO hold over for another
term by redistricting the city, hailed a
Bee reporter yesterday and said: II
have just got back from Grand Island,
where l have been since Tuesday night,
and I find the newspapers have been at
lacking me and saying that l want to hold
over in the council. Now, the people of
the Sixth ward have nominated and elected
me for two terms and under no conditions
would l try TO hold over without being re-
elected by the people. No paper was ever
presented TO me with the request that I
sign an agreement not to hold over If we
changed the wards. / am not in favor
OF redistricting the city II such a pro-
ceeding will hold any OF the council
men over. 1 believe tina the councilmen
should be elected by the people and 1 will
not cast. my vote for an increase OF wards
II this means that any OF the present coun-
ell are given the right TO retain their
seats"
Mr.. Karr announced that he was holding
q SIPS a month position with the Pacific
Mutual Insurance company and Is by no
means dependent upon a city Job for sun.
port.