Omaha daily bee., 1909-11-10
Low FARE ORDINANCE OVER
Postponed for Thirty Days and Is Sent
TO New Committee.
VOTE STANDS SEVEN TO FOUR
City Attorney Burnam, in Opinion ia
Council Holds Refsrendum
Law il Not Operative
in This city.

Action on the six tickets for a quarter
ordinance was postponed for thirty days
and the ordinances were referred, to the
committee on railways and viaducts by the
city council Of the whole. Mon
day afternoon.
This action was taken over the protests
Of Councilman Berka, Bridges, Schroeder
and Kugel. the other seven members pres
ent deciding for postponement, on a stand
ing vote. Chairman Funkhouser Of the
committee was absent and in moving to re-
fer and postpone Councilman Sheldon said
Funkhouser desired very much to be heard
on the ordinances.
The council committee on railways and
viaducts is composed of Brucker, Burmes-
ter and Kugel.
When the committee took up the ordi-
nances for consideration. Councilman
Berka took the floor ana read a letter
from City Attorney Burnam. Therein the
city's legal officer gave the opinion that
the Initiative and referendum law-Article
2, Section %, Compiled Laws Of Nebraska
has never been legally accepted by the
City Of Omaha and is not operative in this
city.
Berka Would Amend.
Talking with this opinion In mind, the
First ward councilman said It was up to
the council to give the relief asked. He,
therefore, moved that his ordinance be
amended by striking out the sections pro-
vlding for the sale of twelve tickets to
school children, that 1t provide simply for
six tickets for a quarter for all who cared
to buy, and that II become operative ninety
days after passage, instead Of ten days,
as originally provided. He explained that
there is now an ordinance on the books
giving to school children between 5 and
u years of age the right 10 buy forty
tickets FOR q dollar, and thirty tickets for
a dollar to older pupils. In the light Of
this concession already on the books, he
was willing to have the ordinance amended
as indicated. He made an earnest plea for
the amendments and for the favorable rec
ommendation Of the ordinance.
When Judge Berka was instancing Cleve-
land as a city typical OF the proper way
to regulate street car fares, a councilman
interrupted to inquiries;
why didn't the lower fare ordinance
carry in Cleveland, judge?"
THAT was a 3-cent fare ordinance"
Berka, replied, and now Cleveland has
seven fares for a quarter. while here We
are asking only for six. Let those who
want the six for a quarter buy them, and
those who do not want to, need not. This
ordinance will not chahge the basing
charge at all"
It was here that Councilman Sheldon
moved the reference to a new committee
and the postponement OF action for thirty
days. The motion was seconded by
Brucker.
It brought Berlka out with another APP
peal for action, backed by Kugel, Schroe-
der and Bridges. The latter ignored the
city attorneys opinion and said If action
were not taken on the ordinance the city
clerk would have to advertise for a spe-
cial election under the petition ordinance
before the thirty days are up.
Councilman Kugel said that II the alb
sence of any one member OF the council
was to be made a cause for delay a fill
buster could be started that would post
pone action for a year on forever.
Councilman Schroeder wanted to know If
the council was going to do It's work in a
businesslike way or not. IF we are not
going to do the work we are sent here for,
1 am willing to get action and put this
thing out OF the way by indefinitely post
poning II, rather than treating 1t this way
after we have had It up for the last -four
weeks"
Councilman Hummel advised Berka to try
to have the ordinance amended and ther
consent to no delay. IF 1 am any Judge
, Of the temper of the council" he said, this
ordinance is going TO lay over, and there
is no use in trying to force its passage a
this time. Let us act on the proposed
amendments, then take up the question Of
recommending It, which is a different prop
~osition.'
Berka appealed to Sheldon to Withdraw
his motion, but without avail, and the vot,
to refer then carried Z to L.
l City Clerk Butler said after the meeting
d that he viii be governed in his action oil
$ the referendum ordinance by the opinion
4 OF the city attorney. This means that h
e will pay no more attention to 1t officially
h unless ordered to take some action b.
s the courts.
Zimman to Continue Fight.
Former Councilman Zimman's name ha,
d been brought in as the thirteenth coun
Gilman" by Judge Berks, in a half jocula
way, and after the vote zimman too
the floor and served notice that the flgh
will go on. And we will also take step
to find out just the length OF time tn
If street railway company's charter has t
Us run" he said. Further said Mr.. Yin
a man, mo man in the council or out Of
ID will accuse me Of being a hypocrite, or c
le breaking my word or any promise 1 eve
l. made. l am not supporting this ordinanC
,e with a view to seeking an office. havin
,p had plenty or Office nOlulnBs out even arte
70 III is bea.en we will continue our fight
a decent, fair way, and in entire GOO
-, humor, b. cause we believe we are right.
I'd COnneu Delayed.
At Health. COMMISSIONS Connells two o.
Of dinances, to create the office Of assistaI
as city veterinarian and for ante-mortem ar
H. post-mortem inspection OF all meat brougl
into OMAHA for consumption. were laid ov,
he for another week, after Councilman Bridg,
IN and Kugel had voiced their opposition
d the measures. They have been chang,
tn from the original to reduce the fees tn
a may be charged, and that the Inspector
w. stipend shall be confined to the fees. II
he opposing couhclimen did not want any 4
levied. but suggested II the new officer wi
needed he be paid from the clty's gener
fund.
- The health commissioner also asked tn
the ordinance which established a pub
m dump at the foot OF Jones street be 7
I'M pealed. The government engineer in Omal
he has asked that this be done. to preve
further dumping at that point, and as Z
city now has a dump at another locate