Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-03
ENTER new CITY OFFICIALS
Mayor Maorae in His Message Rsiterates
His Views on Water Works.
APPoNTNL OFFICERS ARE ALL NAMED
RE vote on POundmaster, and Mayor
Turns the Scale for Burke-MajOr
Richmond ReappOinted chief
of Police.

I'm which he made number OF recommend |
ations and dealt at length upon the water |
works question.
His address to the new council was in
part as follows:
1 wish at this time to make few rec |
which l hope may be favorably acted upon |
at an early date. / will not tire you with |
an exhaustive list but rather , refer 10 a
can do no better than reiterate my al
vice to your predecessors, namely: That
the city either buy the present plant az
its actual value or construct and operate
new plant. Many obstacles are in your
path Much money may be necessary be-
fore a successful termination is possible,
but charge you to stand by the guns and
you must come out victorious
In the opinion of the city solicitor and
the city's special counsel the franchise and
contract of the company expired January
q, 1906, although they recognized the pos,
sibility that the company might contend
that the whole ordinance was extended
-by the amendment of April 2, 1851 TO the
time of the dissolution Of the injunction
in December, 1881 They also gave 1t as
their judgment that the provisions of the
ordinance seeking to bind the city to the
payment of hydrant rental of 500 and s75
per hydrant per annum for the full period
Of twenty-five years, was unreasonable and
void. but that II was unwise TO invite liti-
sgation and that any revision of rates would
better await the expiration of the fran
ehise In January 1906.
About the time of the expiration of the
water franchise an ordinance was passed,
taking effect March 30. 1906, materially re-
ducing hydrant rentals and charges 20
private consumers. Two questions can be
raised by the company In opposition TO this
FIrst-That their original contract and
q franchise is still in force and this ordinance
y, Is void because in conflict Herewith.
Second--That the rates fixed in the con-
tract are conhscatory and the ordinance
Is therefore void.
In the Judgment of the city's counsel the
first claim Is untenable because the con-
tract between the water company and the
city has expired by it's terms, and because
that contract, SO far as II sought to bind
for a term OF twenty-five years, was I'M
reasonable and void.
The second question is one of fact depend
ing on the actual, value of the water plant,
- the income IL will receive under the new
rates and whether that income will pay
:. q reasonable return on the actual value Of
the plant
1t will thus be seen that the incoming
council is brought face to face with impor-
tant problems in connection with the water
plant affecting the interests of every citi-
e The conventions of both political parties
in the recent city campaign declared in
favor of the municipal ownership of the
water plant and the obligation rests upon
the council in this administration to carry
out that expressed wish of the people in
the most advantageous manner.
suit Already Started.
L have learned that a suit has been in
stituted in the federal court by an alleged
stockholder of the water company to en-
join the enforcement of the new ordinance
regulating rates, based upon the ground
that II Is in conflict with the franchise
rights of the water--company and would
not yield them an income sufficient TO oper-
"a would recommend that the council take
such steps as may be necessary to bring
about municipal ownership of a water
plant.
III would be wise to purchase the plant of
the existing company that efforts be made
TO see whether or not satisfactory CON
tract OF purchase can be made with the
Existing company If it is the Judgment of
the council that new plant ought to be
SqilSuuGtep, tnat they emPloy conpetehs
hydraulic engineer to furnish plans and
Specifications for the water plant, and an
estimate of the cost thereof. 1t might be
wen TO nave TINS done in any event, and
when the council knows the terms upon
which the present plant could be bought
wisely determine which of the two propo-
city
II would recommend that the city resist
by all proper means the injunction suit
that has been instituted to prevent the en-
in the meantime, the city refuse to pay
hydrant rentals in excess of the amount
NhXed by the new rate ordinance.
The Individual consumers can refuse "a
pay water rates in excess OF those fixed by
the new ordinance; and Il an attempt is
made to shut of their water they can en-.
join such action That would, of course
involve them in a controversy with the
water company as TO the validity of thS
new rate ordinance. It is for each indi
Nidual cons inner OF water TO determine FOL
himself what his action IN that particular
Electric Light.
81 see no reason why this council shoult
a mot begin work at once with the object II
view of owning the electric light plant
The electric plant I'm connection with TIN
water system would be especially desirable
for obvious economical reasons.
Gas.
The gas furnished by the gas compan!
has been most unsatisfactory TO the citl
zehs. l would recommend that specia
committee be appointed to investigate thi
important matter and report 10 this coun
cil at an early date.
DIN this connection l would also recon-
mend that the meters OF the company b
examined and that strenuous effort b
lnade to reduce the present rates.
APROintiVe Places Fined.
Mayor Macrae named the following
standing committees:
t'fnanee-F1eming. Younlerman, Wallace
Judiciary-OlsOn, Smith, knudsen.
Claims ana Printing-knudsen, Hendrix
Streets and Alleys-wallace, Fleming
Bridges and city Property-smith, Olson
Police Health and sewers-Maioney
Wallace Younkerman.
Mater Works-Iiendrix, Knudsen. Olson
Fire and Light-Younkerman, Maloney
Fleming
Major George II. Rch,rsond was name
by the mayor as city marshal and eN-ofici
tnlCl OF ponce anu inc appointment Wa
unanimously approved by the council.
Fhe ordinance passed by the old counc
last week increased the number of me
on the police force TO twvhty-One in add
lion to the chief and one deputy marsha
The mayor. however. onIS named eightee
men last night. thus leaving four appoint
ments on the police force yet TO be mad,
Those appointed last night are: J. n
O'Neil. j. g Nicoh 5. A. Green, Thoma
Sloan. {. W. Crum, George W. Wilson
Thomas B, Richardson. J. c. shafer.
b. smith. Thomas Gallagher, John
steinhofel r. b. Wood. George Gnlespi
o. T. Peterson. o. c, Arnold. d. L. Wei
Thomas +. Callaghan ana Antoine Larsol
The men have not as vet been assgne
10 positions and Il is understood theI
win be some change in the present max,
: ull OF the force.
The following appointments were mad
by the council
city Clerk-W. +. Sapp.
chief Of Fire observation-disclosures "
Jones.
Street observation-disclosures Rockwell.
CITY PhysiCian-Dr. n. j. Rice.
CITY Electrician-James c. Bradley.
Custodian OF City Hall-William I.arso
Sidewalk Inspec tOr--James Peterson.
- IL