Omaha daily bee., 1908-08-16
ORGANIC LAW IS INVOKED
Federal Constitution Drawn on
Council for Razing Cambridge.
MERCER THREATENS A BIG SUIT
Owner Claims Redress Under Clause
Guaranteeing No Deprivation Of
Property without Due
Process of Law.


Has the democratic city council been
violating the federal and state constitu-
tions which provide that a man can not
he deprived Of his life. liberty or property
without due process Of law?
The contention is made that the legis-
lative branch Of the municipal govern
ment Of the city Of Omaha has done so
and in the event that It refuses to settle a
large claim for damages about to be filed,
action will be instituted in court to de-
tormine whether the constitution Of the
nation and the constitution OF the state
are supreme, or whether the eleven demo-
Gratis who compose the majority OF the
council Of the city are all powerful.
This action is the outgrowth OF the con-
demnation OF the old Cambridge hotel,
Thirteenth street and Capitol avenue. In
the condemnation proceedings. as in the
condemnation of other buildings alleged
70 be in a dilapidated and unsafe condi-
ton. the council not only appeared as the
plaintiff in the case, but also sat as the
{ jury and as the Judge decided the action.
In this II will be claimed that the con-
demnation proceedings were not tried In a
court OF competent jurisdiction and It will
also be claimed that the council, whenever
- AaAAE ~ ~ - 49, fN@'f
Defense Not Heard.
When the Cambridge hotel was slated
for condemnation. the owner OF the build
ing. the S. d. Mercer company, was noti-
fled to appear and show cause why II
should not be declared a nuisance and torn
down. This was done, but the company's
attorney, Judge f. NJ. Bartlett, declared
that no attention was paid to the showing
~ the defense and that the statements of
City Building Inspector Withheld were final
with the council. When the owner of the
old hotel took no steps to dismantle the
structure, the building inspector put a
force Of men at work and the old landmark
is now being slowly RACED.
Judge Bartlett says that the company
could have applied for an injunction re-
straining the building Inspector from tear
Ing down the building but this he de-
clined to do because 1t would tie the build
ing up in the courts for months or pos
sibly years. Instead, he will file with the
council at its next meeting a formal claim
for damages in a total amount approach
ing $4,000. This not only includes the value
OF the building, but also the loss of rents.
Should the claim be not allowed, then ac-
ton wall at once be Instituted in the
courts.
Photographs for Evidence.
In the event the case goes to court, the
owners of the old hotel will attempt to
show by photographs and expert testi-.
mony that the building is, or was, not a
nuisance. Pictures were taken Of the
building the day before the work OF dis
mantling began and as the work pro-
ceeds additional photographs are being
taken. showing that the structure is plumb
and not decayed sufficiently to carry out
9bo ,1ntootio, tl,at a. ig a o.,.co 10 ~,
public good.
But the principal ground on which the
plaintiff will rest its case will be that of
he constitutional provision which states
explicitly that a man can not be de-
prived OF his property without due process
of law. By due process of law the con-
domination proceedings should be in
stituted in a court Of competent jurisdic-
ton and the city council, it will be con-
tended, does not constitute such a court.
In addition to the suit to be brought by
the Mercer company against the council as
a whole. two tenants Of the building are
preparing suits against Individual members
of the council and they will be held liable
on their bonds. These tenants are Mrs.
Minnie Jackson and w Sigel, and they
will set up in their pleas for retribution
and damages that they were caused hard
ship and suffering by means of the sum-
mary razing OF the hotel.
Says IL Caused ChiId's Death.
Mrs. Jackson was living IN the hotel
when the razing process began and she
alleges that the dismantellng of the build
ing, before she was given an opportunity
to secure other quarters. directly resulted
in the death OF her little child, 2 years of
age. The child was not-well when the dis
mantling began and the noise OF tearing
off the roof and ripping apart beams caused
II 10 have brain fever. the mother asserts.
When the tin roof was taken off the roof
naturally leaked and the dampness caused
the child to a k pneumonia and the little
one died Friday. Mrs. Jackson also sut-
fered from nervous prostration, which she
says resulted from the racket caused by
the razing.
Mr.. Sigel had rented the entire building
and he will sue for damages. Both OF the
tenants have obtained copies OF the bonds
OF the councilmen and they will sue the
officials individually and attempt to re-
cover from their bondsmen.
Rv using the yariouS deDartuapfa of Tha