Omaha daily bee., 1906-11-13
CITY COUNCILMEy BACK UP
Rescind Former 0dss and Grant Per-
NIT TO Violate FirI Ordinance
CITY ATTORNEY WILL NOT RECOGNIZE IT
Says Council Has No Right TO Grant
such Permit and viii
Prosecute Case Against
j. stein.

Five OF the members Of the city council
last night voted in favor OF permitting the
erection of a frame shack, covered with
tin sheeting, on Broadway in the business
portion of the city, contrary TO the city
ordinance governing such matters. Coun-
cilmen Younkerman, Wallace and Smith
protested vigorously against permission
being granted and insisted on the previous
action Of the city council in ordering the
structure. which is sx1O feet, removed, be
carried out
The matter came up on the application
of j. Stein, who was represented by two
attorneys, to be permitted to place the
structure on Broadway just west Of Sew
enth street. Some few weeks ago Stein
moved the shack onto the lot without Sc
curing permission from the city council
or committee on fire and light. The coun-
ell instructed the city marshal to notify
him to remove it. Stein, instead of comply
ing with the order went ahead and had
the structure covered with tin and other
wise patched up. Then at its last previous
meeting the city council ordered the
marshal to file an information against
stein and he was arrested on the charge
OF violating the city ordinances. His hear
ing was twice continued, the last time
until next Monday
After the motion to permit Stein to keep
his structure where he had placed It, his
attorneys suggested that the suit be dis
missed on Stein paying the costs. This.
however, was declared out Of order by
Councilman Olson, who was presiding in
the absence of the mayor. City Solicitor
Kimball said that the council had no right
to grant permission to a person to violate
a city ordinance and that when the case
| 4. aa1 %
prosecute it. City Marshall Richmond de-
clared his intention Of doing the same.
Rock Island Wants street.
State Senator Saunders, as attorney for
the Rock Island railroad, asked permission
for the railroad to extend its roundhouse on
Ninth street eight feet into the street for
one year. at the end OF which time the
railroad expects to construct new one
The present roundhouse, with twenty stalls
he explained. had become too small for the
Icompanys business here and larger ono
was needed. but the company could moi
build for a year. In the meantime the COM
many desires 20 construct a temporary
. hood" over frame addition to the present
Iroundhnuse. which will extend eight feet
into the public highway. The matter was
referred to the committee of the whole.
Property owners on First avenue between
Twenty-fourth and Twenty-ffth streets
complained Of distractions by the railroad
which prevented them receiving the ad
vantages of mail delivery, etc, and re
quested that the city order the obstructlon'
removed. The matter was referred TO the
Tcommittee -ot the whole.
j. ]. Stewart, as attorney for the Cochran
estate, protested against the assessment Of
S4 for a brick sidewalk on temporary grad,
In front Of lot belonging to the estate
and offered SOS in full settlement In the
event the council refuses to accept this
amount, he stated, he would enjoin the
collection of the fun assessment and th'
sale of the property at tax sale on the
grounds that the assessment was wholly
irregular. Several similar cases have beer
called to the attention of the council and
il recently decided to have all sidewalk!
on temporary grade which the abuttinl
property owners refused to pay for torn III
and the material used elsewhere. Mr.
Stewards demand was referred 10 the
judiciary committee to wrestle with.
Permits to conduct saloons were given n
follows; Joseph McClusky, 1910 South Sixth
street; John Beck, 1901 Broadway. H. F
Welsh, $50 South Main street.
The council will meet as a committee q
the whole Wednesday afternoon, and as
council Thursday morning, to inspect re
Gently completed sidewalks on which tn
city engineer has furnished estimates t
+ the contractors.