Omaha daily bee., 1909-12-15
Councilmen
Will Use Passes
Resolution to Give Up Street Railway
Privilege Rescinded by Bluffs
Aldermen.

rive VI N HENNl NNAnNAAAANu kAN@NhA
at the meeting Of the Council Bluffs City
council last night decided they had no
desire to turn in their street cor passes
in accordance with the resolution adopted
at the meeting a week ago. Councilman
Belinger and Rigdon. who were not pres
ent al the meeting last week when Council
man Morgan's resolution calling for the
RAISES TO be turned in came up, and Coun-
cilmen McMillen, skodshOlm and Younker-
man voted last night to rescind the action
Of a week ago and later voted to lay the
resolution on the table.
Councilnen Morgan and Jensen stood by
their guns and declared they would walk
or pay fare rather than TAX back the
passes which they had turned over to the
city clerk, to be by him returned to the
street railway company
The five councilinen voted to retain the
passes in face Of an opinion from City
Solicitor Kimbsll that the use Of them
might render the councilmen liable to
criminal prosecution, as he believed that
the use OF the passes under the circum-
stances, when the question Of the validity
OF the street railray company's franchise
was in doubt, would be in violation Of the
state anti-pass law.
The matter was brought UP by Council
man Younkerman, who moved to rescind
the former action. and he found q second
in Councilman Rigdon. Councilman Bel
linger, who made his first appearance at
the meeting last night in several months,
wanted TO know who introduced the reso-
luton.
Il did" declared Councilman Morgan.
Councilman Jensen. however, interposed
and stated that he did not want Morgan
to assume all the "odium" Of introducing
the resolution. Il had as much to do with
this resolution as my friend Morgan did. %
insisted the councilman from the Second
ward
BeIIinEer VIII Ride Free.
We'll, it dO6't matter much who in.
troduced it." replied Councilman Bell
niger, Il intend to ride on my pass and !
don't care who knows it, Law or no law.
l intend to use it until 1 am shown thai
1t is illegal. II any Of the members Of
the council want to proceed against nae
they can and the sooner the better SO far
as l am concerned"
Ii the ordinance is not good the passes
are not good" insisted Councilman Jen.
sen, and in this view Of the controversy he
was supported by City Solicitor KimbAlL
a - sAANAH - AAat ~ - AAAaA W. -
the passes were legal, the councilman
could legally ride on them only when OF
city business and on only such streets a
the franchise covered. He contended tina.
the passes were not good on Avenue A
Broadway or to Omaha as these street.
were not included in the ordinance undeI
which the company gave the passes.
Having disposed of the matter Of th'
passes the councilmen turned their atten
ton to the street railway company and it
failure to bring it's tracks to grade OF
Avenue "A. Councilman Rigdon wanted thu
matter referred to the committee Of tn
whole, but the other councilmen woult
not listen to this. The city solicitor was
after a prolonged discussion. instructed Il
bring the mandamus suit against the com
pany in time for the January term of dis
trict court, IS the action could be dis
missed at any time in the event OF tn
company and the city coming to al
amicsble arrangement
A the suggestion of Councilman Rigdor
the mayor will appoint a committee o
three 20 confer with the attorney and gen
eral manager of the street railway com
pany, and the Commercial club will b
asked to appoint a like COMMITTEES to as
sist the city in the negotiations with tn
company.
Councilman Jensen said he thought
was only a waste Of time to appoint an,
committee or TO hold any conference, a
he was of the opinion that the compan.
was only seeking to gain time The oAl
way to get these tracks down to grad
is to 20 into court" said Mr.. Jensen
What's the use Of comforting? Why
General Manager Smith will only sit an
laugh at US and say to himself, Amt thes
aldermen a fine bunch of jays"
Hardly were the words out of Council
man Jensen's mouth before some one sug
gested tina General Manager Smith wa
probably a man Of keen perception an
discernment-"
Christmas is nigh and we need tn
money" is the way the legal firm OF HaI
& FINLEY put it in a communication ask
ing the council to act without further de
lay on its bill OF s., for services in con
nection with the water works litigation
The bill at the meeting a week ago wa
referred to the cigy solicitor, and tn
same action was taken last night. III
councilmen evidently forgetting that tn
matter had already been referred to NJ
t Kimball. The city solicitor said he woul
make a report at the next meeting.
City Treasurer True was authorised {
: transfer 5000 from the police fund to tn
general fund.
The council adjourned to next Monda
evening.