Omaha daily bee., 1905-10-04
ORDER IS ONLY TEMPORARY
Sutton Refuses to Make Permanent In.
Junction in Gas Ordinance Natter
HEARING TO CONE OFF NEXT wEa
judge OHers 60 modify order 60 Let
Council Make Contract with
Gas Company, hut Con-
nell objects.

over the opposition OF Attorney Connell,
for the Omaha Gas company. who desired
that the order issued by Judge Sutton
some time ago restraining the city council
from passing the rs gas ordinance be
made permanent, so that he could go TO the
supreme court with the case at once,
Judge Sutton Tuesday morning issued a
temporary injunction against the council,
which will be heard at the convenience of
the attorneys some time next week.
Judge Sutton offered to modify his order
so that the city council could enter into
contract with the gas company for
lights not to exceed the money now avail
able to pay for them, s1S,725. with as many
more lights added from time to time Rs
the money accumulated in the city treas
ury. Cornell objected to this.
Failing in securing the consent OF the
court to make his order permanent, Con-
nell submitted the following modification
of the order:
Provided, That for each Of said years COW
lamps shall not under said contract and
under contracts now existing for street
lighting for lamps ordered or placed at
be in excess OF the limits ~ the funds
authorized by law for lights on che streets
pendture from The OF spSsSS e fund 10 for
street lighting shall be made in excess OF
W per cent OF the amount of such funds,
treasury credited to such fund, and for
the purpose of keeping said fund within
said limit the mayor and council shall have
the right at any time to order out any
lamps In excess OF such limit and require
the same not to be lighted during such
time as the authorized fund shall be in-
sufficient to make payment for the same.
Meets instant DisRpprOvRl.
This proposition met with the instant
disapproval of Judge sutton.
Some members of this city council do
not intend to follow the law or ordinance.
and L think 1 am justified in making the
remark" he said III l were to allow
that modification some one would have
to come into court and compel the council
to take out lights when the lighting fund
became exhausted"
Connell then seriously objected TO the
court trying the contempt case at this
time or from being Influenced by It, charged
the electric light company with trying to
delay matters and forage off the gas COM
pany after the court had bound and gagged
it. This brought Attorney Giller to his
feet with a denial that he was acting for
the lighting company, but that he was
trying to save money for the people OF
Omaha" Judge Sutton also took excep-
tions to the remarks and denied that he
was being used as a catspaw for the light
ing company and said the councilmen
could, at any time, pass an ordinance re-
garding street lighting II they would do
it under the terms OF the city ordinances
Origin of the Case.
The case was started some weeks ago
when the council was restrained from pass
ing an ordinance making a contract for
lights with the gas company at $2S per lamp
involving an expenditure of $4,000. Judge
Sutton held that there was available for
street lighting $63.OOO 90 per cent OF the
levy; that the electric lighting company had
a contract to furnish lights for 349275,
which would leave available out of the fund
a balance of $l3,72S. The proposed $2S con-
tract he held would be in excess Of the
money to be legally expended, s22.2f5
City Attorney Breen, who was present
when the order of the court was handed
down, stated that the royalties to be paid
the city by the gas company could be paid
in at this time and that money could be
used. He was given permission to make
any kind of a gas contract to submit to
the council which would not be in viola.
Al, ,g he