Omaha daily bee., 1909-12-17
NAY VETO The AXTELL BILL
Dshlman Opposed % Suing the City
Garbage Contractor.
SAYS he WOULD SUE IN REPLY
Mayor VIII Confer with the Council
for Relief from the s~fenacinE
Confronting Omaha
Just Now.

Mayor Dahinan has not yet made % his
mind to sign the resolution passed
Tuesday evening b. the city council In
structing the city attorney 60 start pro-
c~esdings 10 enforce the garbage gathering
contract.
In the meantime some 2.U) Earblre cans
are standing with Old refuse in thea The
only thlng that prevents a pestleucs from
this situation - the cold weather. Physl-
clans admit that If the weather were mid
there would be danger OF a malady.
i am undecided about signing ttat res0-
luton" said TIE mayor. There does not
appear 70 be much &c IT, As / view the mat
ter. The garbage extractor has Offered
to release the city from its alleged obliga-
ton 10 protect him in his contract II the
city will release him from MS bond The
best that can Be done under the resolution
Is 70 sue on Contractor Axten's bond for
Zoo il which event the contractor viii
a. once sue the city for probably 5000.
That Is the information conveyed to me
By the contractor himself He claims 10
have lost $500 already. but says he is
willing to wipe the whole thing off the
books II the city VII 90 halt say ror a
settlement
Nov. a lawsuit viii not help the exist
ing situation in the Elightest des-ee. such
q suit would drag along for two years,
possibly. and 81 the meantime the gar5age
Is accumulaunE everywhere. A d~epiorabla
ami disgraceful situation is developing II
tbs matter. and / propose TO have a con
citation with the council on the subject
my own home the garbage can Is fuI
8ad overnoWing. and many other citizens
IN every corner OF the city are eOnfrontet
with the same condition
Tied Up by Charter.
"our charter does not permit Us to max.
any arrangement for garbage gathering
that will cost the city money. In my judg
ment there are but one or two large cite.
in The country that have a better conlrae
for garbage removal than Omaha, but tn.
trouble is TIE contractor mas not been pro
tected in his right 70 gather the garbage
Where the fault lies for this failure / an
not prepared 70 say with certainty"
City Attorney Buruam, asked as to hi.
Intentions concerning the resolution passet
By the council. aid:
Ten weeks ago this department sent Il
council a similar resolution. looking TO n,
beginning Of q suit TO test the garbage con
tract Council placed the resolution OF
file. II il had been passed Al thai time ",
would have had a good start in the matte
by this time The resolution passed las
Tuesday night has not got to this ofncs
yet and until it does we cannot give tn,
matter any attention officially"
Health Commissioners ConneIl maintain
that everything he could do has been lone
He points out that many arrests Of unau
thorixed garbage collectors have been mad
b his men
And with the exception that = g fin
was imposed on one man. nothing has beel
done TO protect the contractor Il
whatever rights he had under his con
tract" he says 1T is no wonde
he has become discouraged and now AXE
the position thAt the city has not lived u
20 It's part OF the contract / feel as tn
mayor does, that a one-sidsd contract, witt
no mutual obligation. Is not a fair deal an,
viii not stand the test"