Omaha daily bee., 1910-12-22
CITY TO CONTEST GAS BILLS
City Attorney Says he Proposes to
Put Up a Fight
BRINGS UP THE OLD QUARREL
Contract was signed with the Coun-
ell Behind Guarded Doors and Az
terward Sentenced 90 Jail
for Contempt OF COurt.

The city VIII not pay without question
The BIZ for street lighting presented to
the council Tuesday night by the Omaha
Gas company, and Il seems very probable
that more litigation will result.
The bill was the first attempt TO collect
that the company has made for nearly five
years and amounts to Sl96 2s9.8l This Is for
lamps ranging in number from 1877 to LIS
at 32s a lamp. and includes S1S6.2 interest
Frank T. Hamilton, president OF the COM
pany. added a note to the bill asking Tor
prompt and immediate settlement.
The question Of the amount that the city
shall pay for It's gas street lights has
been fought through several courts. The
contract was declared legal by Judge Ken,
nedy in district court and then was can
celed by the supreme court on the grounds
that It had not been properly published.
The gas company insists that the contract
stilI holds good in effect.
The city will not pay more for the gas
lamps during these five years than can be
considered a fair compensation for gas
used at its highest efficiency said City
Attorney Rine Wednesday morning.
For months the gas commissioner has
been testing the lamps and the various
conditions under which they work best
and we are prepared to show that although
the gas company may send any amount
OF gas through its lamps that 1t can
force through we are compelled to pay
only for the amount that will give the best
light.
AT the same time we will not pay what
the gas company asks for this quantity OF
gas per unit unless il is a fair cOmpensa-
ton. Mr.. Dunn will probably handle the
matter for this department, as he fought
it through the courts before"
Fight was bitter.
The contract for gas lamps at s2s a lamp
was one Of the most widely discussed and
/ bitterly fought pieces OF legislation that
| ever went through an Omaha city council
/ Peter NJ. Back, Charles 5. Huntington
] Ed Evans, Charles G. Dybau and Peter
| Schroeder were the majority that favored
/ it and the minority was made up OF Harry
! 3. zimman, d. j. o. Brien, Fred Hoye and
! George I. Nicholson. The minority had
/ an expert come to test the gas at the
street corners and it is said that they
/ we're forced on one occasion to defend him
| from bodily injury from gas company EN-
pIoyes
! At the meeting in which the contract was
passed policemen we're on hand at the
!
order OF the mayor to hold a quorum in
/ the council chamber and the result was a
| wild and bitter debate between the two
| factions in which attorneys for the tive
sides took an active part. Judge Sutton
had granted an injunction at the request OF
! the minority to prevent the ratification OF
| the contract and when 1t was done in thii
manner he sentenced the majority members
to Jail for contempt of court. They werS
| released on a technically and never served
/ the terms.
Then began the litigation that was fought
/ through the district and supreme courts
The final decision OF the supreme court LEFT
the company without a contract, but in
! spite Of that the claim is for the amount OF
money that would have bRen due Hnder thal
arraneement. The bFll has been referred
to the city attorney, the gas commission
and the members OF the ghting committee
who will report to the council committee Of
the whole.