Omaha daily bee., 1905-09-13
CITY COUNCIL PROCEEDINGS
Mayer Returns the Gas Contract as Hot
Having Been Passed.
CLEVELAND MEN VISIT THE CHAMBER
Message Accompanying the Ordinance
on Its Return Deals with Inter-
ference of Judiciary with
Legislative Acts.


las, night with the declaration that it had
not been passed and recommending its re-
naming with the clerk until the injunction
and contempt proceedings regarding IT,
now in court, are disposed OF. The council
concurred in the mayors suggestion by a
formal resolution which had been prepared
in advance.
Although Mayor Moores did not sign the
ordinance he asserted he would have done
so, without regard to the restraining order,
If it had been properly passed by the
council
Frank NJ. Gregg, secretary and general
manager Of the Cleveland Street Lighting
company and George r. Doty, representing
a syndicate of Cleveland men who want a
gas franchise in Omaha were at the council
meeting. Mr.. Gregg explained that they
had arrived in the city only last evening
and that he was not prepared to go into
the details of the proposition to be made
until after he has consulted local attorneys
about legal points and otherwise invest-
gated conditions here.
I'VE are here prepared to put in a gas
plant and to sell gas for 81 he told the
council. II should like TO meet the council
men in open meeting and go into the matter
fully at any time they may designate
Thursday morning at 10 o'clock was set for
! taking the matter up.
Mayors Message on Ordinance.
The mayor told how he felt about the
gas affair in the following communication:
1 hereby return without either approving
or vetoing the same, document No. o2'o, en-
titled: An ordinance authorizing and di-
recting the mayor to enter into a contract
with the Omaha Gas company to furnish
gas, equipment and maintenance of street
lamps and for lighting and eXtngutshing
the same, in acceptance with the terms
| and conditions and provisions hereof.
ANV.W Fnf lima M 1
having the signature of the president OF the
council, and 1t being asserted in the pub
had not been passed, | called upon the
city clerk for a CeTtined copy OF the pro-
ceedngs OF the council relatins 10 me sne
copy of the official record. From this rec
| ord it clearly appears that this ordinance
The charter provides (sectlon 15) that all
ordinances of the city shall be passed pur-
| suant to such rules and regula ations as the
council NAV prescribe Rule % of the rules
of the city council now in force requires
that every ordinance shall receive three ZEE
| by title only. IT is further expressly pro
| vided in rule % that after the third read
next arises is Shall the ordinance pass?
| and at this stage is open to debate. WINE
| proceedings that motion was made by
| Mr. Evans that the ordinance he read a
third time. by title ana placed upon pDnears rs
! that this motion was not entertained by the
! chair, and that upon an appeal being taken
| from the decision Of the chair no action
! waF takea On eueh an appeal, thus leay-
! ing the decision OF the chair a fnal deei-
sion. IT was further declared ny me Sot G'ia the
motion of Mr.. Huntington, that the ordi,,
nance be read a third time by title ana
| placed upon its passage, being the same
as the previous motion. Of Mr.. Evans
would not be entertained by the chair.
! Tbereupon Mr.. Back made similar mo-
! ton that the ordinance be placed upon
it's passage and that the CLERK * proceed cSstT 70 10
! accordance with the ruling just previously
made, refused to entertain Upon ron
SYea :" Mr. Huntingdon declared the ordi
| nance passed and title agreed to. The rec
] ord utterly fails to show that the ordinance
Das sssd or that a declaration by the council
| or chair was made that II had passed , On
the contrary the record cieaary SHOWS Sss 'lS t5s
| ordinance it was not passed ana tneLGo r.
! fore return the ordinance TO your honorable
| body for such action thereon as may De
About Going to Prison.
II the purpose, intent or attempt Of a
majority Of the members OF your hon0[aole ts
| Of court, am equally guilty, for II was my
| deliberate purpose and intent TO approve II
| if A. had passed ] have already done prison
service for the cause of my country, and
| n necessary l am willing again TO go TO
| the bsstile for doing my duty, i 40 not
| iurisdiction to Interfere with the legislative
/ action of the council or the performance OF
2feiSi ON mayor a%ueS ssd edPGne And further be-
! Ieve that government by INJUNCTION mas
reached and unendurable as wei as un-
| authorized limit, when judges on the bench
assume and undertake to run the municlpal
| affairs OF this city. The charter expressly
REQUIRES the mayor aHa oS tbe citv III This
! duty is imposed on the mayor and council
and not on the courts. The contract with
Under this contract. 1,2s6 gas lamps, with
| Wesbach burners, are now hghung the
streets OF Omaha Under 1s ths P5oposed ss con con
| pany for the present fiscal year not only
| will be reduced, but other substantial ad-
| vantaRes and reductions will be secured.
| The gas company has treated Omaha fairly
| and Is entitled TO fair treatment In return.
For the year 1904 the cash royalty paid
was Si7, 125.60 For 1905 the royalty will be
greatly Increased. As the result Of making
this contract, a reduction in the price of
gas will be made which win benefit the
| public the first year not less than $4,000.
| As the result OF the reduced price Of gas
! ard the construction of many new build
! ings the royalty received by the city will
be greatly increased, for 'he reason that
this royalty is based on the total number
of feet sold and not the revenue derived
OyA "A moderate estimate Of 'he direct benefit
! Of the city and public in the reduction OF
! the price OF gas and street lamps and
| royalty paid will be not less than $50 600
| nsy wear or 500 600 for the perlod OF five
In returning this ordinance TO your hon
orable body, | desire merely to further suE-
gest that inasmuch as II mas not been
passed and a restraining order OF Judge
Sutton prohibits its passage, the validity
OF which is soon to be argued and deter
mined Il remain on the clerks desk Lntl
the conclusion Of such argument ana a de-
cision is reached
Another Appropriation Wrinkle.
Comptroller Lobeck again submitted an
estimate Of the shortage amounting to
81, s64ss In the amounts set aside In the
general fund for the maintenance OF de-
partments whose chiefs had salaries in
creased by the last legislature. He recon-
mended that a surplus in the tax COM
missioners appropriation be drawn upon
TO cover the deficiency. The matter went
10 the finance committee.
An ordinance was introduced providing
for the submission at the November cleo
tion Of propositions TO issue t15 900 sewer
bonds and $4,000 paving intersection bonds.
Councilman Hoye, as chairman OF the
committee on building and property, re-
ported on Councilman Huntington's reso-
luton authorizing work in the council
chamber 10 improve the acoustics. The
report said there is not money enough IN
the city hall maintaining fund 10 do the
Job. Huntington protested that II would