Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-02-13
ENJOINS WATER ORDINANCE
Ovid Wen Secures Temporary Restraining
Order from Judge TLOrrell.
ALLEGES COLLISION WITH COMPANY
Also Charges Council Has Not sum.
cient Information Regarding the
Matter on which TO Base
Intelligent Action.

cient Information Regarding the
Matter ON which to Base
Intelligent Action.
That the city council would be involved
in more or less litigation before the water
works question was disposed of has been
the general opinion and 1t is now a fact
Yesterday Divide Wien, a former justice of
the peace and al present in business as
chattel loan broker, through Attorney A.
W. Askwith, secured from Judge Thorncll
Of the district court q temporary order re-
straining Mayor Macrae and the eight
members Of the city council from passing
the proposed water rate ordinance or enter
ing into a contract with the water works
company. A bond of 800 was furnished by
Wen and the court Sc; the hearing on the
application for the injunction at any time
after FIVE days notice from either side.
In his petition Wen sets forth that he is
a consumer of wafer furnished by the
Council Bluffs Water Works company and
that the defendants comprise the city
council and that their terms of office expire
in April next, ''at which time they will
further cease to occupy such offices as
representatives of the citizens and tax
payers of the city of Council Bluffs"
Having thus prophesied that there will
be a change in the city administration this
| Spring Wen makes a number of allega-
tions. one of which is to the effect that
the ordinance fixing the water rates YVES
prepared by collision of a majority of the
! city council and the water works company.
Another allegation made by Wien is that
/ the proposed ordinance is Illegal and I'm
direct contravention OF the statutes in that
! e,gx. 10 ha ha iOht
and power to fix minimum meter rates,
which by statute is expressly reserved to
| the city.
There are numerous other allegations in
! the petition but they merely charge in
other language that the proposed ordinance
is illegal and the result of a conspiracy
1 between the city council and the water
works company.
One clause calls attention to the fact
/ that the franchise of the water works
company has expired and contends that the
! city council should not be permitted to fix
the rates until it is possessed of informa-
ton on which to base intelligent action.
Surprise for some.
| The notice of the temporary restraining
order was served on Mayor Macrae and
the councimen when they assembled last
| evening at the city hall to meet in COM
mittee of the whole. Some of the council
men had heard about the suit while to
! others it came as a surprise. The order
| of the court as served read follows:
Restraining you from in any manner pass
ing taking any action on the ordinance
| now pending before you as mayor and
members of the city council of Council
! Bluffs by which II is sought to grant to
the Council Bluffs City Waterworl<s COM
i pany the franchise and right to maintain
| and operate waterworks plant In said
| ga,1 fEnV1 In nv ma RI n
| with said water company with relation
thereto or from Mixing any rate, to be
| charged the consumers of water in said
| city furnished by said water company.
The meeting of the committee of the
| whole had been called for the purpose Of
considering the proposed water rates or
dinance, but In the face of the restrain
| ing order the councilmen abstained from
| doing anything except discuss the injunc-
! ton suit and the parties who brought 1t
and to instruct the city solicitor to at once
| take steps to have the case brought to as
| speedy hearing as possible in the district
| court.
| About all that Mayor Macrae and the
| councilmen were willing to say about the
injunction last night was that they con-
| sidered 1t most inopportune and somewhat
premature, considering that the ordinance
| was still under consideration and the city
council had not yet taken any dennlte
action concerning 1t. The councilmen were
optimistic enough to state they believed
| the court would dissolve the restraining
order when the case was heard.
| Some of the councilmen were inclined to
| the belief that the suit had been brought
by Wen and Askwth for political effect,
Las Wen is said to be candidate for the
republican nomination for city auditor and
Askwith is said to have ambitions to be
city attorney.
Manager Hart of the waterworks COM
pany was outspoken in his opinion of the
suit. He said it was most unfortunate, as
it would necessarily delay matters and he
failed to see the reason for such proceed
ings at this time when nothing definite
had been decided upon by the city council.
Mr.. Hart was also of the opinion that
the suit was brought for political effect.