Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-06-22
Council Bluffs
City Council
Orders Payment
For Mr.. Saguin
Dispute Over Compensation to Con-
tractor at Last Determined
Saloon Opinion Given.

A big grist Of miscellaneous business
was ground out by the city council at It's
adjourned meeting last night, the more
important feature being the settlement
of the penalty clause matter in the city
contracts and particularly as relating to
the controversy between the city and Con-
tractor James Saguin. The sum Of 5000
was ordered paid him.
The penalty clause matter came up
Wednesday when the council met to in
spect the Benton street bridge, which has
been recently completed by Saguin, who
held the contract The contract called for
the completion Of the bridge by March l.,
and carried a penalty of $40 for each day
required TO complete the work after that
date. When the council had looked over
the bridge, City Engineer Samuel l.. Etnyre
presented a communication giving state
ment Of Saguin's account with the city
showing that of the $500 contract price,
$500 had been paid, and containing a
charge of $1,000 by the city for 100 days
penalty for overtime beginning March /
and ending June s. The balance due in this
statement was $1,000.
The matter was discussed pro and con,
and it was finally agreed that regardless
OF other pending litigation between the
city and Saguin, that If the city owed
saguln 5000, 1t should be paid. Mayor
Maloney was clearly OF this opinion, as
were several of the councilmen, and a
resolution prevailed directing that saguin
be paid the balance of 5000 due him.
The matter Of placing fire hydrant in
the Council Bluffs part of East Omaha,
was referred to the city solicitor and to
the fire and water committee to draft an
ordinance therefor and to communicate
further with the Omaha Water company
relative to the furnishing of water for the
hydrant. and as to whether the Omaha
fire department would respond to fire
alarm in that part of East Omaha.
The city engineer was directed to enter
into contracts for the construction of certain
| sidewalks, the parties named herewith be-
| ing the lowest bidders for the work in
the several sections as follows: Sections /
and g. George Hughes; sections and 4,
Peter Peterson; sections 5 and 6, E. A.
Wickham.
Numerous petitions for sidewalk and
sewer improvements were read and re-
ferred to appropriate committees.
An ordinance was adopted accepting the
dedication of Garden street to the city,
Liquor sale Authority.
City Solicitor Glen F. Kimball submitted
an opinion relative to the saloon keepers
of the city being required to obtain new
authority to sell Intoxicating liquors on oil
| before July /, as many of the licenses
| would expire on or before June "a, 1910
| the ordinances granting the licenses hav'
ing been passed June "a, 1909. A large mum
Der OF applications for licenses were filed
| and referred, and a special meeting Of the
council will be held Wednesday evening
to pass upon these applications. His opin.
ion says:
1T is my opinion, therefore, that the
saloonkeepers are not bound to obtain new
| resolutions OF consent. new statements Of
| consent by property owners and new bonds
| unless the same has been revoked during
the year for which they have paia thel
| sons signing such statement of consent hai
| sold out during the year, 1t would be neces
sary to obtain a new statement OF Gonsen
| within fifty feet limit, and II the bonds
given were given for only one year or 4
| the sureties withdraw and gave the auditor
notice thereof, or elected to revoke TIT
bond, a new bond would be required.
Since the supreme court has not directl!
passed upon the question, however, and hai
only indicated what it would do by in
ference, 1t would be we'll for persons SELL
ing Intoxicating liquors under the mule
| law to obtain such new resolutions OF con
SENT new statements of consent by thu
property owners and new bonds each year
beginning with the first quarter for which
they had begun TO pay the mulct tax ant
not before, but in my judgment 1t woul'
be merely a precautionary measure upoi
their part so to do. If any such saloon
keeper should fail to have his resolution
statement of consent and bond properl!
passed, filed. approved as required in eacl
case, he could not again be granted a new
resolution of consent by the city council
until the number of such resolutions II
force did not exceed one to every 1000 o
population OF the city.
Resolutions were adpoted directing tn
contractors to proceed with the paving o
the Benton street bridge and the curbinI
OF Ninth street.
The proposition of repaving Broadwa,
with vltrified brick with a six-inch con
crete base from First street to the North
western depot, which is now paved wit
granite, was referred for further consider
alton to Wednesday evening.
The council then adjourned to Wednesda
evening.