Omaha daily bee., 1909-11-03
MAYOR DONs FIGHTING CLOTHES
Tells Councilmen objection to Drain
age Plans Mere QuibbIe.

Tells COunci1men Objection to Drain
age Plans Mere QhibbIe.
Mayor Maloney had his fighting clothes
on at the city council meeting Monday
night and he did not mince his words when
he told the special committee what he
thought Of its report recommending the re-
lection Of the petition asking the council
to take preliminary steps in the matter of
the proposed diversion of Indian creek at
the clty's northern limits. The fault the
committee found with the form of the petit
ton, the mayor declared, was a mere auibDle
to knock the whole thing.
Il put you on the committee the other
night because / knew you would knock
It," the mayor told Councilman Morgan,
chairman of the special committee. and
for a while the air in the council chamber
was decidedly sultry.
Councilman Morgan denied being in the
knocking business in this particular in
stance and declared that all the committee
desired was that the thing should be
started right"
After paying his compliments to Council
man Morgan the mayor turned his batteries
on City Solicitor Kimball. He said the
citizens who had signed the petition had
not asked for an opinion as to what had
best be done. They had merely exercised
their rights under the law and the coun-
Gil, the mayor insisted, had no alternative
under the statute but to comply with the
petition. Mr.. Kimball took issue with the
mayor but declined to accept the mayors
bet Of a new hat that he had not cor
rectly construed the section of the statute
involved In the controversy.
The matter was finally disposed OF by
the council accepting the report of the com
] mnIfNan urhf1l wran lAn-. -
by the city solicitor. In his report Mr..
Kimball said: This petition might be acted
upon but 1t would result only in procuring
plans, the expense and cost Of which would
have to be paid out Of the general fund
and II it desired to go further with the
project, the petition would be useless for
such purpose.
THE law for the protection of the city
from floods and the diversion OF streams is
peculiar. 1t provides that the cost of plans,
estimates, etc, must be paid for by the
levy of a special tax of not more than
mills upon all the property within the city.
which tax cannot be levied until the work
Of constructing The improvement has been
contracted for. 1t is also provided that no
part Of such cost shall be paid out Of any
other fund than the fund created by such
levy"
City Treasurer True, who had been re-
quested by the council to take up the mat
ter Of disposing Of the proposed issue of
10000 o water works bonds, advised the
council not to TAXI any definite action
towards selling the bonds until such time
as all legal distractions as to their issu-
ance have been removed.
Formal notice was received from the
Omaha. Council Bluffs & Suburban Rail
way company that # had transferred It's
franchise rights and privileges under the
charter granted the Council Bluffs. LAX
Manawa & East Omaha Construction com
pany in 1897 TO the Omaha & Council Bluffs
Railway and Bridge company. The oom-
munication was referred without discussion
to the judiciary committee and the city
solicitor.
Gus Hinrich. representing the Council
Bluffs Retail Grocers and Butchers asso.
citation, addressed the council. requesting
that the license fee under the new pur,
milk ordinance be reduced from 81 to 81
MI. Hinrich did not make himself yer,
clear as to why this request was made
The matter was referred to the eommitte,
OF the whole.