Omaha daily bee., 1906-02-09
T hof1Ps@m, lSlElpEm sC@
"." Howard and Sixteenth Streets

as for the state at large 1t means a great
deal for Nebraska. 1t means a great deal
for the small. independent grain dealer and
the farmer. 1t means a great deal also for
the friends of fair play, for those people
who are working against class legislation
and corporation rule and for equal rights
and free competition.
so far as the Grain trust is concerned,
no effort will be made to revive IL and the
decision OF the court will be complied with,
l feel certain. AS matter of fact the
members of the association saw tho hand
writing on the wall soon after we begun
our fight; they were forced to the con-
viction that It was useless for them to 20
up against such a determined fight as we
were making and so they simply cut their
cloth accordingly. AS you know, they dis
solved their association some weeks ago,
knowing this result was inevitable.
Il want to say we certainly must give
Attorney General Brown a vast amount
OF credit for the part he played in this
fight. Had it not been for the prompt and
manfuf stand he took we could not have
got through so we'll. And Judge Sullivan.
too. deserves great credit.
NJ l.. Learned Of Kennedy & Learned,
leading attorney for some OF the association
grain firms. said he did not care to make a
statement until he had viewed the courts
decision In full.
"'rhe courts decision Is in accordance OF
the only law l know anything about" re-
marked w. j. Connell, attorney for the ma
jority council members exonerated by the
decision of the supreme court in the gas
ordinance case. When we went into that
case 1t was such a dead open and shut
game of cinch that really felt some mis-
givings-ju because 1t was such certain
thing. This decision wipes the whole thing
out. 1t pulls it'up by the roots and throws
it over the fence"
This litigation originated from the most
exciting and memorable council meeting in
many years in Omaha. II was at that meet
ing when Mayor Moores stood in the coun-
ell chamber and exchanged heated words
with members and kept policemen sta
toned at the doors to prevent councilmen
inimical to the pending measure from leav-
ing and thus avoid voting.
The measure under fire was the socalled
SIS gas ordinance. Acting for interested
parties said to be a Cleveland lighting
syndicate which sought franchise in
Omaha, I. W. Blackburn had secured the
issuance of restraining order to prevent
the council from passing this ordinance.
Five OF the members attempted to pass 1t,
and claimed they did pass it. though City
Clerk Elbourn did not read It the third
time. and other formalities. such as being
put from the chair, were omitted These
Ave men were Dyball. Schroeder. Evans,
Huntington and Back and the four opposing
the ordinance and complying with the in
junction were Hoye. Zimman, Nicholson
and OBrien.
Nicholson was in the chair. Zimman
having vacated it. When this ordinance
came up Nicholson refused to put IT to a
vote. This preoipltated the riot of words
which came near developing into blows.
Huntington finally declared he was chair
man for the time being and he would put
the question. He did so and declared it
passed.
The five counciimen voting for the erdi-
nance, which was not. passed. were the