Omaha daily bee., 1905-09-06
CITY COUNCIL PROCEEDINGS
Another Stormy Session Had Over the Gas
Street Lighting.
MAJORITY IGNORES THE cOORrs ORDER
Injunction Papers Served, bat Five
Members Undertake to Force q
Vote on Ordinance they
support.

Members Undertake to Force
Vote on Ordinance they
support.
In the face Of district court order for
bidding them to do so Ave members Of the
| city council last night did all in their
power to pass the Dyban sB gas lamp
/ ordinance. tThey ignored President zim-
mans refusal to entertain a motion TO read
| the ordinance the third time and placed
| 1t on it's passage and took vote without
counting him or the other minority mem
bers In. After which Councilman Hunting
ton sravely announced the measure
passed and title agreed to-"
Tho meeting was adjourned with every
| one much in doubt as to what really had
been accomplished. The minority was able
| to point out at least two big iaws-the
failure Of City Clerk Elbourn in his de-
termination to afford a roll call. to
read the ordinance by title as the rules
| OF the council authorized by the charter
provide, and the fact that the roll call
was not on the passage of the ordinance.
| but merely on the question Of whether or
not the proposed law should be read the
third time and placed upon It's passage"
The scenes OF a week before In the fight
over the gas ordinance were tame com
pared to those Of last night. The real
point in controversy between the majority
composed of Huntington. Dyball. Evans.
| Back and Schroeder and the minority--Zim-
man o'Brien Nicholson and Hoye-was
| whether the reductions in commercial rates
to consumers put in effect by the gas
company should be made part of the street
lighting contract. The council was unani-
nous on S& price for gas-lamps on the
street.
Two Reports Handed In.
Chairman 'schroeder for the committee
on fire, water and police, reported in favor
of the passage Of the Dyball ordinance. in
troduced a week ago. which authorizes the
street-lighting contract and says nothing
about commercial rates. Chairman 'Brien
and President zimman Of the street-rght-
ing committee, reported favorably on the
passage Of the Hoye ordinance, which
makes the reduction In commercial gas
rates from lbs to S.25 this year and to
H15 next year conditional upon the S2S
street-lighting contract. The majority
adopted the Schroeder report and placed
the Hoye ordinance on file. The two mem
bers of the lighting committee. IN return
Ing all papers on the matter recommended
In favor of accepting the S2s bid II the
stipulated conditions were met including
the abolition of charges for setting poles
and abrogation OF the entire contract after
four years II the city has a municipal gas
plant. Without the downright agreement
of the gas company on these points the
committee recommended acceptance of the
, sS sixty candle-power bids, whereas the
SIS bid calls for eighty candie-power The
Dyhall ordinance provides that no costs
shall be made for setting poles This re-
, port was rejected by the majority.
Restraining Order Served.
The injunction was issued by Judge A.
L. Sutton upon the request OF Thomas
: w. Blackburn. The pertinent part of II
! reads:
restraining order is allowed restrain
ing the defendants (the mayor and all
eouncilmen) and each OF them from pass
ing and approving the ordinance now pend.
ing before the city council which provides
for a street-lighting contract with the
defendants and each of them from enter
ing into any contract with any person OF
SGR9rat1a ts,g for furnishing street lighting
terms and conditions provided in ordinance
Ordinance No. S7Ss is the gas franchise
which says that the company shall not
charge more than S25 for street lamps
The papers were served by Deputy Sherin
Sherry before the opening of the session
Various members of the majority declared
Immediately that they would pass the
= Dyball ordinance and It's S2S rate regard.
less Of the restraining order. The Dybal
ordinance was not brought up until al
the other business had been disposed Of
When the assistant city clerk started tc
read It President zimman asked
n What ordinance is that7"
\ 1.-THE gas ordinance" replied the clerk
d Breen Advises Against Action.
/ ''Mr City Attorney" said the president
8 calling TO city Attorney Breen. who wa:
e walking across the floor. "in view OF tn,
Injunction served tonight have I any au
: thority to entertain motion on this or
r dlnance?"
Q mo, sir" said Mr.. Breen, emphatically
II Then" declared the president, 'I will
not entertain any such motion"
Various members of the majority strovt
TO have the president put a motion t,
place the ordinance on its third readinI
q and passage, but he refused Councilman
Huntington then announced that he woult
take an appeal from the decision of tn
chair. He was properly seconded, bu
President Zimman did not state the mo
ton or order a roll call After waiting
= few moments Huntington said he woul
r. put the motion himself. He did sd an,
n asked for a roll call Assistant Cit
i | clerk blmOneOn ulu NOT DeBln lne fOl
'r call and the majority showed signs OF ex
It treme nervousness and lack OF facility 4
, parliamentary tactics In a few minute
Huntington, Back and Evans, began talk
- ing about how President Zlmman and IN
'b majority had held the mRjorityb nose I
\ the grindstone long enough and the en-
v had come at last.
back Becomes DemOnstrative
&c wen show you" screamed Back, shak
ing his hst at the president You can
; come any such game over US as you di
- at the last meeting"
" you can't show me anything" replie
zimman. in a tone OF deep disgust ''Yo
= know very well that the injunction pre-
vents us from taking action on this OF
dinance and you heard the city attorne
J. tell me l am without authority to enter
tain any motions on the matter. You an
every other councilman should hav
enough respect for the law TO obey the Of
ders of the injunction You know this a
- well as / do"
= I'VE intend to find out whether the mir
~ ority or majority rules this council,
N shouted Huntington.
You bet" cried Evans. drowning OF
"a Huntington and the squeaks OF Peter Bac
"a nth hfa heavy vofce mo mora r,,i