Omaha daily bee., 1905-08-01
CROSSFIRE BY ATTORNEYS
FuEillsde Of bot Words Kept Up Between
Cornell and Gathers
TALWssT STILL ON BEFORE SEARS
w. VI. Giller Argues Legal side of
Case and Holds City OmciRIs
Acted Entirely within
Their Rights.

NUeu Judge sears hulOuTneu court AT o
o'clock Monday, Attorney Connell for the
city officials, was holding the floor with an
argument against the contentious Of plain
tiff. During his address he was interrupted
at .everal points by Attorneys Burbank
and Gathers. At one point Mr.. Connell
had alluded In caustic terms to a certain
class of ieformers "who seem to be always
kicking on their own town and never ac-
oomplishing anything for the general good
Of their home city" Mr.. Gathers shot in
some sort of an objection to being put in
particular category.
We'll you are a link in the same
sausage" replied Connell and l am speak
ing of the sausage in its entirety"
At another point Mr.. Connell alluded to
the address of Gathers in this case as
repetition OF a political speech he had
made in the Eighth ward.
Il never made a speech in the Eighth
ward in my life' spoke up the plaintin.
but l propose to make one in this ward
when you get through that you may not
like to hear. You're abuse is unwar-
ranted."
"Abusel exclaimed Connell. 'why, I
haven't abused you at all. l haven't
thought of abusing you, but If you keep
egging this thing on ! may be tempted to
say something to hurt your feelings"
where Things Get Good.
And the attorneys smiled across the table
at each other most courteously. There
were several similar Tits during the ad-
dresses OF Messrs Giller and Connell, but
the spice did not really get into the case
until Connell poured out some very earn
est comments on the peculiar features of
this suit.
Mr.. Gathers took up most of the morn
ing citing authorities in line with those
offered by his colleague, Mr.. Burbank.
He diverged long enough to make somo
strong talk about the political conditions
existing in Omaht, as he sees them. They
were painted in dark colors, with few
tears of lamentatlon for trimmings.
Attorney W. NJ. Giller presented a strong
array of citations and decisions In arguing
the law Of the case for the defendants. He
said there is plenty of Nebraska law to sus-
tain their action without going outside Mr..
Giller said:
"when parties have a complete and avail
able remedy at law they cannot come into
an equity court and ask for relief When
they have rested on their rights and allowed
them to lapse they may not ask court oil
equity to step in and save them. These
people sacrificed their right of appeal; they
might have appealed to pass. There is an
other principle Of law that is absolutely
conclusive in this case and that is that
quasi judicial officials will not be punished
for mistakes OF judgment in administering
their offices, unless It can be shown that
their acts are tainted with malice cor
ruption."
Along this line he quoted numerous aIi2
thorities and decisions, and some were
those quoted by Mr.. Burbank. which took
on a different aspect when read coherently.
His Distinguished COadjutOr.
In opening Mr. Connell critically reviewed
the complaint in all its counts and then al
luding to the testimony Of plaintiff, said he
thought the court erred In not allowing
him to nail Mr.. Gathers down to facts, to
the giving of names and dates and in
stances when he was telling of grafters
and grating in Omaha.
Like his distinguished coadjutor, Elmer
p. Thomas" said the attorney, "he was all
wind and buncombe and could not give a
single instance of what he prated about so
glibly."
Mr.. Connell characterized the suit as an
attack on the rights Of hard working men
10 get pay for their labor on some techni-
eality. He said he was surprised at so good
a Sunday school man as Mr.. Gathers un-
dertaking to quarrel with the Biblical
maxim that the laborer is worthy of his
hire. Going over the answer to the petition
] he said every allegation contained in 1t had
been proven to the full by the testimony.
| The work had been performed, the council
| and the mayor had concurrently allowed
the claims and the men had been paid.
This is even a stronger case for the de-
| fendants" said he than II It was a case
wherein a laborer was suing to recover his
| wages"
The attorney then reviewed the hiring of
| the men, the action OF the council and the
| mayor and other executive officers and on
| the premise thus established he asserted
the Gathers suit should not have any stand
! ing in a court constituted to do equity To
| support this view he read decisions OF the
Nebraska supreme court and kept up a
running fire of incisive comment During a
| lull for the exchange of compliments with
| the plaintiff the latter said:
| 60 ahead, Mr.. Connel. The Bee win
print in stud-horse type what you say about
me, but 1t will not print my side of the ar
| gument so large"
| Everybody In court had to laugh out loud
Mr.. Gathers had got the papers mixed, and
he had to smile himself when 1t struck him
a little later on.