Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-09-26
CITY DADS NOT IN JAIL YET.
Five oOunoilmsn Sentenced Thirty Days
for Contempt Of Court
CoNNELL KEEPS CLIENTS OUT OF PRISON
Appeals 20 chief Justice HoIcOmb at
Lincoln, who Issues supersedeas
which Delays Proceedings
Some Time.

Judge A. L. Sutton of the district court
Monday morning sentenced Ave of the
Omaha city councilmen to serve thirty
days in the county Jail for contempt Of the
Douglas county district court, and also
to pay the costs of the case. But the
councilmen will not go to the county bas-
tile as boarders with Sherin Powers for
some time yet, II at ALL Their attorney,
w. ]. Connell, asserts that they will not
go at all.
After pronouncing sentence Judge SUIT
ton allowed the five councilmen-Back, Dy-
ball, Evans, Huntington and Schroeder
to go away in the custody of Sheriff Power
on the latter's personal responsibility to
have them in court at 8 o'clock
AS soon as this was done Mr.. Connell
dispatched his partner, Mr.. Thomas, to
Lincoln with all the necessary papers,
which had been prepared In advance
against such a contingency. Mr.. Thomas
took with him a bill of exceptions, a pc
tition in error and bond signed by all
of the councilmen as principals and by
Hugh Murphy as surety.
HoIcOmb Issues supersedeRs.
Arriving at Lincoln Mr.. Thomas hunted
up Chief Justice Holcomb of the SUI
preme court and presented his papers,
at the same time rendering the fee of $40
The chief justice, after examining the ex-
hibits, approved the bond and issued a
supersedeas, which has the effect Of re-
leasing the FIVE councilmen from custody
pending a review of their case by the SUI
preme court. Their attorney and the
county attorney for the district court, will
now have twenty days in which to file
briefs. This done, the case may he heard
within ninety days or it may not, al
| though the chances are 1t will.
Sentence was not pronounced until 1880
| Monday. after Mr.. Cornell had consumed
the two hours from 10 to u O'Clock in argu-
ing a motion for arrest of Judgment. In
| doing so he necessarily covered considerable
ground already gone over, but also pre-
sented some new views of the law applica'
BILE to contempt cases. He gave special at
tention to the matter of acceptance Of a
recognizance by the court pending a re-
view by the supreme court
Same as He who Tries to XIII.
Judge Sutton. in overruling Mr.. Connelri
motion for arrest of judgment and in re
fusing a supersedeas, said he believed thu
case at bar was one Of the same nature
exactly as would be a case wherein on,
man had attempted to kill another and ha'
only succeeded in badly manning him. Tn
punishment would be for the crime com
mitted, and that alone.
i, Having ordered the five accused men t
arise, the court put the question: "Hav'
YOU anything to say why the sentence o
the court should not be pronounced?"
Each of the councilmen answered II
substance:
81 believed was acting within my right
when 1 voted and that was doing right
| 90 anu If
fense."
The court then said, in brief:
BY the passage of the ordinance in CUES
ton, If It had passed; you would hav
entered into q contract with the Omah
amount would have been chargeabie to tn
court on a petition properly R pre- ent,s
would be in violation of law, simply issue
an order commanding you to wait thre
and determined, While that order was i
the supreme court had said so many. man
Question of Authority.
: Whether you had the authority to ente
into that contract was a matter for tn
court had no right in such cases Their
would be nothing to prevent the counc
; from entering into any kind of contract
with any person OF persons and soon "
might have all sorts OF contracts saddle
onto the taxpayers and the city.
II each one of the councimen could cor
stitute himself judge, and superior to tn
district judges the law would be of littl
use. For example, II some company wer
( tearing up the streets to lay certain main
or conduits without authority, the counc
would undoubtedly ask for a restraint
( order to prevent such action, and II woul
expect the court to enforce its order.
some person should go onto your propert
and attempt to cut down your trees or tea
, up your sod and destroy your shrubberl
you would want restraining order an
you would want the court to enforce II
writ.
There is no possible excuse for you