Omaha daily bee., 1909-03-31
Council Bluffs
RECORD NOT SATISFACTORY
G. B. Nash Company Says it Does Not
Correctly State Facts.
OPINION ON WARRANT ISSUES
city Attorney say same Are Not
Property CharEeable Against the
water Works sinking
Fund Levy.

The G. h. Nash company Of Omaha,
which brought suit 10 restrain the city
from issuing the proposed s6oo.0oO bonds
for the construction of a municipal water
works system. is not satisfied with the
amending of the record for the supposed
meetiHg Of the city council on the night
on September Z of last year, as recon-
mended by City Solicitor Kimball. The
amended record. the ompany says, In a
communication which was read at the meet
ing OF the city council last night, will not
conform TO the facts in the case.
At the suggestion OF the city solicitor,
the record of the meeting on September I
was amended to read that by agreement
and without objection II is ordered that
the regular meeting of September I be ad-
journed on that date to September s, and
that the city clerk make a record OF such
proceeding while the record of the dis
puted meeting on September Z was amended
to read as follows; There being no
quorum present, by unanimous consent OF
all present the council did then adjourn to
Tuesday, September 8, at s p. m, pursuant
to adjournment" Z
The c. b. Nash company. in its COM
munication, says that the facts shown by
the testimony given at the hearing before
Commissioner Ferguson are that Council
men Skodsholm and Jensen. on the even
ing in question. namely, September 7, were
in the city engineers office for about an
hour, engaged in general conversation
while waiting for other councilmen to APP
pear; that neither of them was in the
council chamber on the evening in ques-
ton; that no other councilman nor the
city clerk nor his deputy was present;
that there was no assembling OF the coun-
cilmanic body on September T. no organiza-
ton of a council meeting on said date, nor
any attempt at such an organization. The
company demands that the correction of
the record of the pretended meeting should
be made to conform 10 the facts.
The communication was ordered received
and placed on, file after a statement BY
Mr.. Kimball to the effect that the asser-
lions Of the company were not supported
by the facts in the matter.
Payment OF Warrants.
The following written opinion relative to
the payment Of certain warrants out OF
the water works sinking fund was sub
mitted by City Solicitor Kimball:
The enabling act allowing the city TO use
the water works sinking fund was approved
February Z, and went into effect. by pub
l~ication. February "a, 1909. 1t provides for
the M of expenses of acquiring a
pew plant out of the water works sinking
fund, Relative to warrants Nos. 2401 to
2403, inclusive, 1888 and 27S5, Inclusive, to
Harl & FINLEY for litigation, will say, that
this litigation was over matters not in
volving a suit preparatory to purchase OF
for erection of water works. but a suit to
determine whether the franchise of the old
company had expired. In my opinion
therefore. these warrants are not payable
out of the water works sinking fund and
the general or contingent fund should no
S Re rel noe, GiiS, . ss tR 7sss' 7 1ssm 7ss7. % ysss, ss:
and 1868 were all issued for Expenses 'oi
engineers preparatory to the purchase OF
erection of a water works plant for the
city, and in my judgment the funds used
for the payment OF these warrants may be
reimbursed out of the said water works
sinking fund. Warrants Nos. 1872 and 967;
were used for the preparation and printing
Of information on the water works subject
preceding the election, In my judgment
this expenditure was for the general en-
lightenment of the public and not a neces:
sary expense, referred to In the law, and
that the emergency fund should not be re-
imbursed out of the water works fund foI
these two items.
elusive. Nos. 1888 to 1857, inclusive, Nos
924s and 1920. we're all warrants issued in
m for expenses incident TO the spe'
cial election and are by said law payable
out of the water works sinking fund snd
the general fund should be reimbursed Out
OF such fund for the amount thereof.
What was said With respect to the war.
FINLEY. is true of warrants Nos. 1885 tc
1886. Inclusive. issued to the same parties.
Church In street.
The congregation of the Epworth Metho-
dist church at Twenty fifth street ant
Avenue B was granted permission to place
its present house OF worship in the street
pending the construction of a new edifice
Contractor Wickham was allowed a par.
tiaI estimate of $500 on the Bryant street
bridge and foundation for the new centra
fire station.
w. C. Boyer appeared as the representa-,
tive of the West End and West Council
Bluffs Improvement clubs and suggested
that the dividing line Of the proposed d.
vision of the First precinct of the Sixth
ward be at Twenty-fourth or Twenty-fiftt
street. No action was taken, as the matter
is still in the hands of the committee Of
the whole. Mr.. Boyer also asked that tbs
council make a better and more uniform
distribution of the lights in the western
part of the city. This matter was referred
to the committee on fire and light.
Saloon permits were granted to the fol.
lowing: Neumayer & Mergen. 92 West
Broadway; Hansen & Nielsen, $40 West
Broadway; f. y. Cunningham, 800 WesI
Broadway; e. Erickson, $50 West Broad.
way; G. ]. Jackson. 28 South Main street.
C. F. Davis, 1929 West Broadway; C.. May.
nard. $50 West Broadway.
The council will meet as a committee Of
the whole Wednesday afternoon.
Prior 10 the meeting the couneilmen me,
in the office of Mayor Maloney TO consider
a request from the Commercial club tina
the city taxes against the Standard Manu-.
featuring company, the Kretchmer Manu-
featuring company and the .Cavers' Eleva.
tor company be RENTED for 1905. 1t wa,
decided to defer action until the assessor
made his returns.
COunterfett Geld Coins.
A stranger, whom the government secre