Omaha daily bee., 1908-11-01
COUNCIL IGNORES CHARTER
vacatss Streets, Although City Law
Does Not Warrant II.
LEGAL o. x. IS WITHHELD
Burnsm Frankly says his Demo-
cratic Psrtissns Have Ignored
the Charter Despite His Adj
vice TO stop.

Despite repeated opinions and warnings
from the city legal department. the demo-
cratic city council has persisted 10 going
contrary to the city charter and has
vacated street after street.
City Attorney Burnam and his two as
sistants have always refused to draw up
ordinances vacating streets, and each time
the question has come up they have told
the councllmen that they were going con-
trary to law and that they had no right
to close a street. The democrats refused
to heed this advice. however, and have
drawn up their own ordinances, passed
them, sent them TO the mayor for APP
prevail and they have all by him been ap-
proved.
The new city charter. which was ap-
proved and became effective April 3. 1905,
does not give to thescouncil or any branch
Of the city government the right to close
a street. Mayor Dahlman, Thomas Nc
Govern and the other ten democratic coun-
cilmen went into office on May q, 1906,
after the new charter went into effect,
Since that time they rave vacated ten
streets in the city OF Omaha.
As chairman Of the committee ON street
improvements, Thomas McGoverh, council
man from the Ninth ward and the man who
was scared into action a few day ago by
the grand Jury camping on his trail, has
taken the lead in the vacation of streets,
These vacations have invariably been APP
proved by the whole committee, consisting
of Mr.. McGovorn. Peter Elsasser and Lee
Bridges. Recommended by the committee,
the democratic council has approved the
vacation and no vetoes have been handed
down by his excellency, Mayor James
Charles Dahlman, "Bryan's closest per-
sonal and political friend"
Begun at the First.
Beginning their arbitrary practices soon
after taking their seats and being sworn
to uphold the laws. these democrats have
continued in violating the charter and va
Gated a street as late as August
q of this year. This is Fifth
street, between Pierce street and
Poppleton avenue. June 10 Of this
year they vacated another street, Ninth
street. north of CASTELAR, street.
Three streets were vacated by the demo-
Gratis to accommodate the Her Tile works,
all of them in the summer and fall OF
1906, the first year they were in office.
Part Of Pine street, between Third and
Fourth streets. was vacated August 81, 1905,
ard on September % following the rest OF
tne street IN tnls ploCh was NdCdleu'
Fourth street, between Pine and Pacific
streets. was vacated September 10, 1906, and
September %. 1906, Third street at Pine
was vacated. All of these streets were va
Gated In favor of the Her Tile works and
are occupied by hi firm without the
payment OF any rent.
Among other streets vacated by the
democrats since the new charter became
effective are the following; Twelfth street
between Marcy and Mason streets. vacated
October rs, 1905; Maple street, between
Twenty-seventh and Twenty-eighth streets
vacated October Is, 1905; Boulevard street
at Twenty-fourth street, vacated May 8
1907; part of Spring street, between TWEEN
ty-fourth and Twenty-fifth streets, vacated
December q, 1907, and Twenty-fifth avenue
between California and Burt streets, va.
Gated December 10, 1907.