Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-07-27
PROTECTING THE STRAW MAN
In Suit Of Gathers Against City officials
Plaintiff is Finioky,
OBJECTIONS ARE PLENTIFULLY lNTERPosED
Mayor Moores, street Commissioners
HummeII and Others Testify Hiring
was Done in the Usual
way,

testimony in the case Of John T. Gathers
against the city officials. Attorney Connell
enlivened the morning session Wednesday
by sharp criticism OF the Junior yellow
Omaha sheet" HO said 1t had printed
matter in connection with the case clearly
intended to have an influence on the court
and that further offenses along that line
should be stopped.
Mr. Gathers was the first witness We'd
nesday and when Connell started to cross
question him anent old political fights
which he held had led up to this action
the witness admitted that there had been
political differences in which he was con-
cerned, but he would not admit that they
had anything to do with this case He
defined what he knew Of alleged grating in
city AFFAIRS as being confined to the knowl-
edge that men were employed by the city
on account OF politics. Beyond this he
said ne knew of no grating.
Assistant City Clerk Samuelson and Miss
schenck OF the same Office gave testimony
as TO the passage and signing of the
ordinance for the street force pay rolls
in the spring Of 1908 The hour when the
ordinance was signed was again the sub
Ject Of minute inquiry, as to whether II
was before or after dinner hour. The wit
nesses thought It was not signed until after
dinner
Followed Usual Custom.
They were not allowed, because of At
torney BuIbank's objections, to give the
general custom of the mayor in ex-
aiming and signing ordinances for pay
rolls. but Attorney Connell brought to the
courts attention the fact that the mayor
makes it rule to have a preliminary ex-
animation OF pay roll ordinances and then
expedites the making out and signing OF
the warrants, so that the laborers may
get their money
Mr.. Cornell also showed by a statement
made out by Comptroller Lobeck on de-
mand Of the plaintiff, that comparison
of the expense for street work in April
and May for five years shows that in the
spring Of 1903 this expense was smaller than
for other years Immediately preceding and
following that time.
The plaintiffs case was closed with the
testimony Of Mr.. samuelson and at the
afternoon session the defense put Mayor
Moores on the stand as its first witness
Ee was followed by Street Commissioner
Hummell and he again by City Comptroller
Lobeck. on direct
Mayor Moores and Street Commissioner
Hummel testified that all the employees
placed there in the regular and usual man
ner and for the ordinary work of the spring
season. The mayor said that the first he
knew Of the list of employees was when the
appropriation ordinance bearing their
names came to him for signature. He
said It is and has been customary to ex-
pedite the progress Of the payrolls, just as
was done In the case Of the ones in ques-
ton in this suit.
Mr.. Hummels testimony went mostly
to the method OF employment as the need
for men arose. In the spring season this
was especially true. .,.N-
On cross-examination OF Mr.. Lobeck
plaintiffs attorney was anxious TO estab-
fish the fact, that Mr.. Gathers had asked
that he be kept posted as to any action
on the payrolls; that he desired to appeal
and to protest against the payment of any
money for street work unless all the pre-
liminaries met with his approval. Mr.. Lo-
beck said he remembered that Gathers
had spoken to him about the matter, but
In an informal manner, as any citizen
might have done.
Have to Attack n Straw Nun.
During all the questioning by Mr.. Con-
nell Attorney Burbank was putting in OBJ
jections, until Mr.. Connell was moved to
remark:
Your honor, they have set up a straw
man here and when we attack 1t they OBJ
ject. The only way in which we can get
at the facts in this case is by the kind of
questions l have been asking
Judge Sears apparently took the same
view. for he overruled all the merely tech
meal objections OF plaintiffs counsel. The
policy of objection was continued never
a trifie of disgust:
"All right; you may continue your OBJ
jections and we will call on the records.
AS General Grant remarked on one occa-
sion I'VE will continue along this line If
1t takes all summer"
In consequence the city comptroller was
obliged to refer to the record of ordinances
and resolutions continually and the court
received the same In evidence, ''of it's own
notion" as Judge Sears put II at one
point when hair-splitting was INDUCED in,
or attempted. by Burbank.
President of the Council Zimman was
the last witness of the afternoon. His
testimony was taken under the same handi-
cap of objections and quibbling by Bur
bank 1t went to establish the fact that
the employment of men for street work
in April and May, 1903, was no different
from the method or any other year. The
ordinance was passed in the usual course
of business and, so far he knew, the
usual routine was followed in the exami-
nation and signing OF the same.
The case is sim in progress and will
continue a day or two more at the present
rate Of progress
Robbers Visit POstOmce.
FORT CALHOUN, Neb, July 26.-(Spe-