Omaha daily bee., 1908-09-03
CITY COUNCIL PROCEEDINGS
Mercer Company Asks Damages for
Condemnation OF Build
inEs.

Formal claim for damages in the sum of
S3s, 400 for the condemnation of the old
Cambridge hotel, Thirteenth street and
Capitol avenue, was made to the city coun-
ell last night by the S. d. Mercer company,
the claim being accompanied by a long pc
tition setting forth the alleged facts in the
case and alleging unfairness and gross mis-
conduct on the part Of the council and the
city building Inspector, c. II. Withheld. The
petition was not read, but was referred to
the committee of the whole for discussion.
The petition alleges that. while the build
ing was condemned April II last, it was not
inspected by the building inspector until
three months thereafter, or July 16, and
that then the building inspector but en-
tered the office in the hotel building and
made no Inspection of the structure. When
the building was condemned it was done
solely on the testimony of the building in
spector, the petition asserts, no attention
being paid to testimony OF a former build
ing inspector, John II. Butler, and an archi-
tect, George L. Fisher, and a number Of
other witnesses, that it's structural strength
had not been weakened so per cent.
Work of WreckinE Commenced.
on August 6 the building inspector, with
a NlCM VI lOhI hicH btBdl ldEhhb hAS puiAu
ing, working parts Of four days. At the
expiration of that time operations ceased
with a portion of the roof torn off and the
windows removed. The work of tearing
down the structure was begun while the
building was occupied and without giving
warning to the occupants, it is asserted.
despite the weakening of the building by
the partial razing process. it is shown that
1t withstood a storm on the night of Aug
ust % and 26 in which a number of newer
buildings were racked and many plate
glass windows blown in.
1t is also claimed that if the building was
unsafe last February, when condemnation
proceedings were begun, it is doubly UNI
safe at the present time after the razing
crew spent four days on it, but despite
this no danger signs are posted and If the
building is liable to collapse at any moment
the public is not warned of the fact.
After making this showing of what it
claims to be the facts in the case, the pc
titioner quotes the law apd intimates that
the council and the building inspector did
not act with good faith.
In the event that the city council should
decide to issue a permit allowing the re-
pairing of the building, then the Mercer
company will reduce its claim for damages
to $500, the amount OF the rent lost and
the expenses incurred in placing the build
ing in the condition it was when the raz-
ing process began, If the petition is finally
rejected, then the full SSs, 500. including the
$4,000 as the value of the hotel. will be i'm
cluded.
Counter Proposal on Jail.
The council rejected the proposal of the
county commissioners regarding the build
ing of a Jail for the use Of county prisoners
while the new court house and jail is under
construction, and in turn decided to make a
proposition to the commissioners This
proposition is that the city will construct a
Jail as an addition to the present city jail
at Eleventh and Dodge streets, will heat
and light it, furnish the kitchen and pro-
visions for the prisoners, furnish a patrol
wagon for hauling the prisoners to and
from the court house and will move the
cells from the old jail. The jail is to be
done January /, at which time the COM
missioners are to pay the city $4,000 in d
lump sum as rent for the time the county
uses it. When the new court house is done,
the the city proposes to buy the cells al
the value set upon them at that time by a
board OF appraisers.
Attorneys w. j. Connell and w. II. Herd
| man sent a COMMUNICABLE ~ N"N N'N'
proposing to reopen the old George p. Bemis
damage suit against the city and endeavoi
to force the Armour company to reimburse
the city for the amount of damages paid
Mr.. Bemis by reason Of personal injuries re-
ceived from a falling billboard some foul
years ago. The attorneys stated that they
had secured sufficient evidence to place the
responsibility on the Armour company anc
asked to be authorized to bring a case IL
court, under the supervision Of the city!
legal department, on a contingent fee of 2
per cent. The city paid Mr.. Bemis nearly
SlS,0 900, Damages and interest, last spring
The proposition was referred to a com
mittee.
The council rejected the ordinance intro