Omaha daily bee., 1905-09-08
CONTEMPT CASE is PLANNED
Proceedings fer Alleged Violation Of courtT
Order Against oOuncilmsn.
FIVE WHO VOTED FOR GAS BILL SPOTTED
Conneu Says Measure is valid aad
Breen, Il is Yoid-Latter Does
Not Accuse Coun-
ciImen.

W. NJ. Giller Of the legal Arm Of Weaver
q Giller. which is in charge Of the gas
ordinance Injunction case has announced
that he will submit afidavits to Judge SUIT
| ton Friday morning setting forth the facts
| In the alleged violation Of the restraining
order by ive counoilmen, who attempted to
pass the ordinance The court will be asked
to adjudge the councilmen, Huntington,
Dyball. Beck, Schroeder and Evans, in
contempt and punish them accordingly.
An attempt may be made, also, to impli-
cite Attorney w. J. Connell for giving Of
certain advice to the majority members
Mayor Moores declines to make known
his intentions about signing the gas ordi-
mace. He has not returned It to the city
clerk. II the mayor signs the measure
he will be made a party in the contempt
proceedings, says Giller.
Breen Says Ordinance Il void
City Attorney Breen declares the ordi-
nance is void and has no standing At
torney Connell states directly the contrary
and asserts that the ordinance Is good and
will be in force and binding II his honor
attaches his signature. Mr. Connell. also,
laughs at the idea that the majority coun-
oimen or himself can be proven in con-
tempt Of court whether the ordinance Is
found good OF whether it IL not
City Attorney Breen says: "The pro-
posed ordinance granting a t2s gas street
lighting contract is void and of no effect
because 1t was not read the third time
by title in the council chamber as the rules
Of that body provide. The charter au-
thorises the council to prescribe rules for
the passage Of ordinances. This 1t has
done, and these rules were not obeyed.
Courts have held that such regulations are
A.Aa - lg,-t. .-lN.
members Of the council are guilty Of
violating the restraining order, which
simply forbids passing and approving the
ordinance, because they did not succeed in
passing II. Should the ordinance be valid
they are properly guilty OF contempt Pres
ident Zimman was right in refusing to
entertain any motions on the question.
Had he done so he would have been a party
to a violation Of the courts order and
himself in contempt II Attorney Connell
told the councilmen that the court lacked
Jurisdiction in the matter, and in effect
that the injunction was no good. l consider
his action tantamount to advising the
council to disregard the injunction, and, as
an officer OF the court, he is guilty of
contempt"
COnnelTs side of IL.
Attorney Connell says:
contempt. whether the ordinance is good
or not. The court lacks jurisdiction in the
premises, having no right to interfere with
proper and legal legislative act. l am
able to show that the proposed act was
legal, as the gas company had bid on a
price less than S25 for furnishing gas to
street lamps and maintaining the lamps, as
required by the franchise The franchise
says nothing about the company furnishing
the lamps, burners or mantels. and II is
right and proper to make an additional
price for these.
"The Dyball ordinance, however, was
passed and is valid. The charter does not
provide for a reading of the ordinance by
title or In full. The rules DO but the crea-
ture is not greater than It's creator In
the house of congress rules like this are
broken every day it is In session. No one
is guilty OF any contempt and supreme
court decisions will bear me out
Nothing further has been heard from the
Cleveland syndicate which has asked for a
new gas franchise and promises 81 gas.
Hearing Friday Morning.
The hearing in the proceeding in which
the restraining order Of the council was
issued is to come UP In Judge sutton's
court on Friday morning at 10 o'clock.
Judges of the district court issue restrain
ing orders on request of any party when a
reasonable and proper showing is made.
Later the hearing comes on the question of
making the restraining order an injunction.
either temporary or permanent. This is
the phase Of the case that will be first be-
fore the court this morning. Contempt
proceedings, or at least a conviction. natu-
rally would be contingent on the former
procaedtnU