Omaha daily bee., 1908-12-31
MAYOR COMES BACK AT COUNCIL
VIII Not Sign Bonds ~ Contract for
Water Works IL Let.

water WORKS IL Let.
Although the city council Monday night
passed the resolution providing for the
issuance of the $4,000 bonds for the con-
struction of the proposed municipal water
works piants over the veto of Mayor Ma
loney, there is little likelihood of the
Icayor signing these bonds before the con-
tract fer the plant is ratified by the peo-
pie, unless ordered to do so by the court.
Mayor Maloney still holds to the opinion
that the bonds cannot be lawfully issued
until after a contract for the construction
of the proposed city water works system
has been ratified by the voters of the
city. He contends that the code supports
his contention and in the following formal
statement yesterday states his position on
the bond matter:
There is no truth in the statement of
Alderman Jensen that my veto Of the bono
resolution was an attempt to delay the
construction of the water plant. The trouble
with the gentleman is that he imagines
he is building a monument for himself,
wishes to keep the center of the stage,
and won't permit any one to interfere
with any OF his plans. II 1 really felt as
he suggests, II wouldn't take me very
long to r~earrange the committees and put
an end to his c~hildishness. He says that
one reason why 1 am not invited 70 the
meetings of the committee Is they don't
believe they would have my hearty CO.
ODtIdllOH III tIlOIIb W ktL a bulldUlt DldIl
for the city and in the next breath gives
an entirely different reason, that the law
don't contemplate that l am a part OF the
legislative branch OF the government. But
as the veto power is vested In me, and for
that reason l am expected to inquire into
the different legislative acts and consider
the same, l am inclined to think that the
law c~ontemplates that the mayor Is quite
an important part of the legislative branch
Of the city: Many people may be inclined
to adopt Alderman Jensen's views because
the matter has been so much discussed
that many have become partisans.
That the committee is always willing
to listen to advice or suggestions Is idle
talk, because Mayor Macrae's final mes
sage to the council advised 1t to have the
plans revised by a competent hydraulic en-
gineer before proceeding to let a contract,
and my first message to the council con-
tanned the same suggestion. The committee
would not listen to such advice, but went
ahead and squandered the city's money in
preparing plans and printing different sets,
and advertising for the work, besides taxi
ing up a great deal of valuable. time of the
city employees. And after all that was done
they employed Mr.. Bryan to do the work
that was first suggested, with the result
that the plans were discarded and the work
that had been DONE, and the money spent
was lost.
Now they propose to spend $500 Of the
city's money to employ a lawyer to bring
a suit against the city, and also to spend
part of the tudgment fund In paying the
costs of the same, In order, as they claim,
to test the validity of the bonds. II the
| city WOulu derive any poSSipiO hOh
| the expenditure Of this money l would
i make no objection whatever, but all that
work won't be worth 20 cents TO the city
And even the city solicitor now seems
to desire that course, although ne ana
Alderman Jensen have given the people as
surance time and again that the bond issue
would be valid. | supposed that some re-
lance was to be put upon their OPINION,
because they claimed to have investigated
all OF these things and had satisfied them
selves; but now they seem to have but
little faith in their own Judgment. In the
face of this lawsuit, commenced at his re-
quest, Alderman Jensen says that the city
engineer will be ready with his Work so
that bids may be asked for by the first or
February next. But how can aything along
that line be done II we are TO have a
lawsuit on our hands? Starting this law
suit will not prevent another citizen from
taking part in It. and II will not end with
a trial in the district court. in all proba-
biIitv. II the people who wish to have a
water plant to be owned by the city would
only stop to think that these very men
who claim so much credit for themselves
are discrediting the whole movement In
advance by inviting a lawsuit Which may
last for years, their eyes might be opened
at least to that extent that they would
begin to question the fitness of those who
have the matter in charge.
n any citizen who wants municipal
ou,nership of the water plant will read
that part of section 745 of the supplement
to the Code at the top of page az. where
IN saws. In so many words, that the council
cannot issue these bonds until after a
contract for the construction OF Inc plant
has been approved by the voters, he viii
realize to what hands he has committed
his cause.