Omaha daily bee., 1908-08-11
TORN ENVELOPE TELLS TALE
Receptacle Of Bslatsd Bid Shows Up
the World.H Herald.
CITY CLERK IDENTIFIES DATES
shs~. stsmp ~ Ti~s PristiRa Mas
wee nsssivsa, wsish Rsoehs
Props fgsss rHdsF NHiH
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Tss irtfsdustion o. me torn envelope
vhirh originally contained Ue belated va
a. ne World Publishing company for the
Official printing ~ ths city ~ Omaha for
ths ensuing year 80 evidence ~ the trial ~
ihs maneamus auit brought ~ ihe Bee
putiisHiae company o. compel the city
council ~ designate Tie omaha Evening
nee a. ihs official papsr exploded % bomb
in ne ffiai ~ the oass MONDAY before
Judge Wsdiek and caused considerable
ehaFrn on tha part - tbo attorneys for
ths eifF ami tha World-t4eraid. and. IN
eommon paranco. knocked The pins from
under one - their main contentious In the
suH.
Tns envelope was introduced shortly be-
fore me takinr ~ mo Adjournment for the
noon recess and CITY clerk Butler. on the
stand. isstifed that " had contained tho
bld ~ tho World Herald and that the fling
MARKS on . are Official
Stamped on the envelope are figures
shopinf that " had prem received nt 10
a ~. ou July l. tge. fifteen hours after
the time Designated IN tie official advcr-
tiaemsnt railing Tor bids FOR the official
prntinE had expired. Another stamp on
the envelope showed that it had been re-
csivsd = second time ~ 8 o'clock .. m,
on July 6 The envelope had been torn
open acfoss the end and roseaied by past
Ina q "Trip OF paper across n. The city
clerk testified that he dd not reseai u
and that u had not been resealed IN his
office.
The muiiiated ensveiope was offered in
evidence 90 show that the bid Of the
worid-Heraid was not filed with the city
clerk In accordance with the official ad-
vertisement inserted IN the present Of
nciai paper Of thu city, the Omaha Even
ms worid-Hersid.
CIty Clerk On stand.
The mandamus suit was called for trial
a. 10 O'Clock. w. J, Council representing
The nee. tn plaintiff IN the auit; City At
tornsy Burnam representing the city coun-
ell. defondands. and J.. r. Stout represent
Ing the worid-fIeraId city Clerk Butler
was the only witness placed on the stand
during the morning session. court adjourn
ms AZ noon until 2 p. m.
From official records in the office of the
city clerk ard frgm oral testimony Eivez %
that official. Il was established tnat the
clerk was instructed by the council TO ad.
vertisc for bids for the official printing
In conformity with this resolution he ad.
vertised In The official paper. designating
that all bids must be IN the hands by
ANNA w "a MAAtAANtNh VI SNilt w. AWu
The bid Of The Bee was on file before tina
that all bids must be in his hands by
presented until the following morning. wrer
u was refused by the clerk, because th'
time had expired. 50 Mr.. Butler testified
The records also show that the council
met on the morning Of July /. 1908, to pass
the monthly pay roll and that in thai
meeting the clerk announced that he had
received a hid for tue official printing
on motion the bid, which was that OF Tit
Bea. wac opened and read. Councilman
Zimman moved that the contract b.
awarded to the Bee. but on motion o.
counctinsan Sheldon Il was referred. Late
records shew that the bid Of The Bee wal
rejected. then re-accepted and referred
that a resolution was passed instr1cting tn,
clerk 10 readvcrtise for bids; that this res
0lution was vetoed by the acting mayor
for tho reason that there had already beer
legal advertising. that the veto was sus
tanned and that the world-Herald was al
lowed 20 present lis lid to the meeting o
the council on July Z.
That Recess session.
The attorneys for the defense let It b
known In their opening statement TO Tn
court that their main contention viii b
that the meeting OF July l was not IN
N NAH 80 N8N - NNNeR NHtARA -
the meeting Of June ~. and that under tn
charter the contract for The official print
ina could not be let at that time. beclus
the charter specifies that the contract shaI
be lei az the first meeting In July. Tn
piainun will meet this argument by show
ing that the meeting ~ July I was a regula
meeting; thai regular business. toRlt. IN
Passing 81 the nay roll. was transacted
md that. therefore, the July / session q
the council was tho first meeting in tn
month.
The fact hat the worid-Heraid did nc
sonform 10 the official advertisement: tbs
u withdrew IL bid. and after the bid q
The Zee had been opened. read and sprea
upon the records. u opened it's bid an
then reaealed n In the original e~nvelop,
with the apparent intention to give IN
impression that the bid later presented O
July 3 was the same a. presented to N
cisfk % the morning 81 July 1 and b
49, aHHHa4aN WmNnaaaE a~tFN 49, - -