Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-01-08

houser, who fathered the ordinance. The
hearing will be Monday afternoon.
The existing ordinance on the subject
and on which the case was fought in the
district and supreme courts requires that
the gas company secure signatures OF all
property owners within a radius Of 1000
feet OF the site Of any proposed gas holder.
In the case in question the gas company
failed TO secure these signatures, and on
the strength of the ordinance Building In
spector withheld refused a permit. Then
the gas company secured a mandamus and
the city appealed the case. the result being
a decision Saturday adverse to the city.
Arguments of Counsel.
When the case was argued before the
supreme court, October r. General John
c. Gown and George f. Pritchett. for the
gas company, argued that the existing or
dinance was prohibitive and that the city
council delegated power to the property
owners through the signature proviso. City
Attorney Burnam and an assistant repre-
scented the city, and maintained that the
ordinance was proper police regulation and
a power which was vested in the city
council through the charter. The supreme
court decision evidently knocks the ordi.
nance out. The city will seek relief through
the ordinance pending.
The Omaha Gas company maintains that
the attempt to head Oft the erection of the
holder in question is persecution on th'
part OF various property holders in tbs
vicinity of Twentieth and Center streets
The company said considerable property
had been bought in that section at lib
! eral figure for the purposes of a gas plan
and cite various instances In large citiei
where gas holders are located close to de
| sirable residences. The company also hold
| that there Is no danger In a gas holder.
Attorney Pritchett, for the gas company
intimated Monday morning that there wa
nothing more for the gas company to d.
but to go ahead and build the holder, al
excavation for which was made nearly
year ago. The new holder will cost abou
SIS. 600
Liquor I'm Drug stores.
Captain w. J. Broatch of the Board o
Fire and Police Commissioners appeare
before the committee in behalf of an ordi
nance now in the hands of the iudiciar
committee and which is to regulate tn
sale of malt. vinous and spirituous liquor
by druggists. There was considerable diff
ference Of opinion as to whether the DC
lice department had SUFFICIENT authorit
by virtue of the Slocumb law. Capital
Broatch maintained the police were un
able to secure conviction, as was re
Gently shown in the police court.
So far as the sentiments of the coun
zen could be sounded yesterday after
noon the ordinance will be put throug
this evening. A delegation of citizen
living near Twentieth and Center street
waited on the council yesterday and ar
rounced that the whole neighborhoo
would be on hand this evening.
Provision of Ordinance.
The Bridges ordinance stipulates this
no building or holder for the purpose c
manufacture. storage or sale of gas sha
be erected within the city limits, exceI
east Of the right-of-way of the BurlinI
ton and Omaha railuoad companies. CouI
cilmen McGovern and Jackson led the figi
against the ordinance, maintaining that
was unfair to compel the gas company
move its plant which the ordinance wou
necessitate in time.
One of the provisions of the Bridge
ordinance is that no changes or repair
may be made to any gas holders or mani
featuring plants now within the distri
to be prescribed by the ordinance.