Omaha daily bee., 1909-02-01
FIGHT ON The WATER BONDS
Testimony introduced to Show 1nsum'
cheney Of Election Petition.
OTHER POINTS COMING LATER
After Examination of Few
Before the Referee Taking of
Further Testimony IL Post
Poned for Week.

The tHking Of testimony IN the suit
brought in the United States court by the
c. r. Nash company OF Omaha, against
the City OF Council Bluffs 10 restrain the
issuance Of the $500 900 water works bonds
was begun yesterday afternoon before J. J.
Ferguson. one Of the district court re-
porters, appointed special examiner for this
case by Judge Mcpherson
The right Of the city 10 issue the pro-
posed bonds is attacked on several grounds.
In the first place II is alleged by the plain
tiff company that the proposed issue is
Illegal for the reason. as it Is alleged, that
the city's Indebtedness is already in excess
OF the constitutional limit and further that
the section Of the state Law under which
the city proposes issuing the bonds is IN
constitutional and void insofar as 81 at
tempts TO authorize the mourning Of in
debtedness in any manner and for any pur-
pose in excess Of the constitutional limit.
II is also commended 10y the plaintiff that
The special election held on october 2 last
at which the people Of Council Bluffs voted
{! In favor Of the bond issue was Illegal for
, the following alleged reasons:
That women voted contrary 10 the oon-
stirutiOn.
That the statute that permits women 10
vote provides for separate returns Of their
I VOTE WHICH naE NV hlAAta
That women voted IN other precincts than
/ those In which they resided.
That the polls were not kept open in all
cases from 7 a. m 10 Z p m, as required
by law.
That many persons were permitted TO
"e-lectioneer" within 100 feet OF the polls,
/ contrary 70 the law.
That the form Of the ballot was wrong
That "a large number OF electors who
were entitled 10 vote in the Sixth ward ana
who were present at the polling places for
I Enph nurnugaE RFere wholly nfPWgnrRd and
! precluded from casting thelr ballots be
cause Of The disorderly, unlawful and
riotous manner 0f conducting said eiecuon
within said ward
FIRST Of Evidence.
II Was also alleged that the petitions Tor
the submission OF the bond proposition were
insufficient. inasmuch that they were
signed by less than NJ qualified electors.
instead Of "a, The number claimed. II WAS
20 THIS phase Of the controversy that the
examination yesterday afternoon was
wholly devoted
Attorney Crofoot, counsel FOR The Nash
company. first pun A ". Cassidy, city
clerk, on the stand 10 verify certain NUM-
opal records which enter into the SUN ana
then eNamined three persons whose sigma
lures appeared on the petitions.
The first signer eXamined was Soren J.
Myrtue. a contractor living al sS4 Harrison
street. The witness admitted signing the
petition, but at whose request he could not
remember. Although he had been a
resident OF Council Bluffs for nineteen
years Mr.. Myrtae admitted that he had not
taken out MS naturalization papers ana
was not therefore. a qualified elecior.
n. c Thompson. tie next witness, Is also
a contractor and hives Al ~ Elder street
He Identified his signature on The petition.
hut hke the former witness WAS unable 10
remember al whose instance or request he
had signed the paper. Examination Of the
witness developed the fact that although
he had been a resident o. Council Bluffs
for twenty years he had not been natural
lied and thar he had never voted al an
elecuon, not being a qualified elzctor Mr.
Thompson stated thag about four gesrs Az