Omaha daily bee., 1909-01-20
ANOTHER VETO FROM MAYOR
Council Promptly Votes to Override
the Chief Executive.
MORE ATTORNEYS FOR BOND CASE
streets to BE Set Aside for Children
TO Coast and Police Detail to
See that Teams Keep out
of the Way.

The resolution to employ Messrs. Harl &
FINLEY was passed over the mayors veto
by seven votes, Councilman Bellinger alone
voting to sustain the veto.
Mayor Sends in Veto.
Mayor Maloney explained his reasons for
vetoing the resolution providing for the
employment OF Harl & FINLEY as special
counsel in the water works litigation IN the
United States court In the following COM
munlcation to the city council last night:
Your action upon the communication from
the water works committee for the en-
ployment OF Messrs. Harl & FINLEY TO
assist the city solicitor in the suit brought
in the federal court by the Nash company
gains the city, amounts to the employ
ment of attorneys for that purpose at an
reinstate the old contract which was ter
minated. and we are all we'll satisfied that
an appeal will be taken by the defeated
party, is disapproved for the following
reasons:
l.. l am opposed to employing any attor-
ney for that purpose because none is
needed. / say this because the only real
question in that suit Is whether the law
under which the bonds are proposed to be
issued is in violation OF the constitution.
The city solicitor has time and again as
sured us of the constitutionality of this
law and his written opinion on that point
will he found on page 10 of the pamphlet
ItCtIllN EbAC Wy nv OhlANl AiC A"N
itself was prepared under the advice OF
the attorneys proposed to be employed
after examination by them of this same
question (See page 4 of pamphleD, and
was part of their work for which the
city has already paid the sum of 5000.
The special committee on water has fire.
uuently, and presumably upon the advice
OF the counsel employed, assured us that
this particular point was settled. 1t can,
therefore, be safely assumed that the city
solicitor, who has had this question in
hand for moro than a wear and has had
the aid of the special counsel on the same,
can intelllgently explain our position to the
court and IL II is not the law we could not
change 1t by increasing our force of law
yers.
concerns the legality of the election itself,
the city solicitor can have the assistance
of every officer and every means at hand
to procure what testimony is needed, but /
do not regard the claim of the plaintiff
that the election was illegal in any partic-
ular to be of any weight. There is only
the one question of Importance, and that Is
the constitutionality of the law.
8. The city has already paid for special
counsel on this particular matter of 5000.
1t Is proposed to pay 500 for Mr.. killpacks
services in the suit in the district court
in which this same question is involved. 1t
is now proposed to pay Messrs. Harl &
FINLEY $3.50 for the same services in the
federal court. If the 500 was a reasonable
fee for such services in the case i'm the
district court how can 1t be claimed that
more than ten times that amount should
be paid for the same thing because It hap
pened to be in the federal court?
A. l favor a thorough defense of this
suit by the city, but | cannot approve of
what ! believe to be a needless extrava-
| gance in that connection. In view of the
fact that the city Is practically without
sufficient funds to pay its ordinary run
ming expenses. such a liability should not
be incurred except when needed and then
only for a reasonable amount. II, however,
the city solicitor will say that he is inca
pable of handling this case, or If the spe-
| AAal nafAR 80 ~ .Vtll aaNv HhnN 1hA.r
believe he cannot handle 1t to the best
advantage, we should then employ a law
yer. But until that situation is known to
us We should not incur an expense for
that purpose of nearly double the yearly
salary of the city solicitor.
Although this latter action was not by
form of a resolution / have treated II as
such, because 1t is in effect an appro-
p~riation of money TO pay for such service,
as II is an indirect method of making a
contract to pay special counVe by adopt
stood as fully settled. And for the reasons
before mentioned l shall veto your action
thereon.
Suit on Hydrant Rentals.
The resolutions instructing the commit
tee on fire and light to report the location
and number of fire hydrants that are OF
little or no use to the city and instructing
tie city solicitor to bring suit to recover
from the water works company the amount
of excessive hydrant rental alleged to have
been paid by the city were signed by the
mayor. 1t was suggested, however, by the
mayor that it would have been better "a
have ascertained what amount the city
claimed was due on overpaid hydrant rem
tai before passing the latter resolution.
The new water rates ordinance was
passed without a dissenting vote and the
mayor announced that as he presumed the
Tcommittee which was responsible for the
measure had given the matter a thorough
investigation, he would sign it. Although
Councilman Bellinger voted to pass the
ordinance he took occasion to state thai
he considered it had been framed up out
of malice and spite against the water
works company.
Two amendments were tackled onto the
ordinance before final passage. A sec.
ton providing that meter rentals should be
paid monthly and bills under the flat rats
should be settled quarterly was inserted
At the suggestion OF the city solicitor tn,
section repeating all former rate ordi.
nances was amended TO include the specific
statement that it repealed the rate ordi
nance passed December II, 1900. This Il
the rate ordinance now in force.
The on police and health wa
authorized TO purchase a new team for tn,
police department and the horses now use'
for the patrol wagon will be turned owe
to the sewer department. "Old Tom" tn,
veteran horse used by the sewer depart
ment, will be chloroformed.
Prod for Attorney General.
Councilman Morgan asked that the cit!
solicitor and judiciary committee be in
structed to stir up State Attorney Byer
In the matter OF the status of the Omaha
& Council Bluffs Railway company's fran
chise. w ought to know under whicl
franchise, II any, the company is operating
In Council Bluffs" declared Mr.. Morgan
who explained that the attorney genera
had promised to look into this matter a
the request Of the West Council Bluff
Improvement club.
At the suggestion Of City Physician Tubb
the chief of police was empowered to desig
nate certain hill streets on which tn,
children are to be permitted to coast and L
employ special officers to keep teams ant
automobiles from these places.