Omaha daily bee., 1910-06-01

the United states today.
The court affirmed the judgment Of the
circuit court OF appeals in the matter.
. The history of the purchase OF the Omaha
water works embraces long series of liti-
CATION in Its various phases. most of which
has grown out of the act of the Nebraska
legislature of February 8, 1908, compelling
the purchase OF the water works and pro-
viding for the creation Of the Water board
which should have charge OF the admins
tration OF the water works when they
became the property of the city.
To comply with the mandate of this law,
an ordinance was passed by the city coun-
Gil of Omaha, March 2. 1908 electinE to
buy the water works plant under the pur-
chase clause, and directing the appointment
of board OF appraisers to appraise the
plunt. ons Of the appraisers 10 be vap-
pointed by the city, a second by the water
company and the third to be selected by
these two. The appraiser appointed by
the city was John w. Alvord; by the water
company, George H. BenzenberE, and these
two selected Daniel W. Mead as the third
member of the board.
Under the so-called Howell bill making
compulsory the purchase of the plant, pro-
vision was also made for the creation of
the water board to be appointed by the
governor for various terms, two to be ap-
pointed each year or until their successors
were elected The first board, consisted
OF James Z. Boyd I. J. Mahoney, Milton
Barlow, 1. E. Congdon, j. F. Coad and
Guy c. Barton. 1t was under this board
that the appraisement was commenced, in
May or June, 1903.
AppraIsemeRt Long Drawn ont.
The appraisement was long drawn out
and involved considerable controversy rela-
tive to the procedure. Carl c. Wright. |
then city attorney, assisted by John Lee
Webster, specially employed as attorney
for the Water board. represented the clty
in the litigation.
At the outset the question arose as to the
scope OF the appraisement the attorneys
for the city holding that it should only In
clude such OF the property of the water
company that lay within the city limits
OF Omaha. The Water board contended
that the appraisement should embrace the
entire plant, including the extensions IN
Dundee south Omaha. over the property
OF ths East Omaha Land company, and
the pumping station and filtration plants
and settling reservoirs at FIorence.
The question Of the going" value OF tba
plant was also pressed by the ATTORNEYS
for the water company. The ATTORNEYS for
the Water board held out for the pat,,r.I
deterioration OF the plant and its ina5a-
ouaey to fulfil Its contract requirements
with the growing demands Of the city. ana
the disinclination Of the water eompanv 10
enlarge its pumping and piping capacity.
suburbs Are Considered.
Regardless Of these objections tba nm
praisement continued until the matter
finally got into the United States circui,
court and decree was issued directing
that the board OF appraisers should proceed
with the appraisement as whole with
separate findings for the plant as lying
within the corporate limits OF the city OF
omahai Of those Iorticns of the plant sun
plying South Omaha, Dundee. East Omaha
and the Florence plants and of the going
value. 4
The board OF appraisers finally submitted )
its report on July 7. 1905. fixing the an I
praisement OF the entire plant at 81 2ss 2qs 40 l
signed by BenEenberg and Mead. Alyoro 5
Withholding concurrence by direction Of tbo $
water boards attorney.
Immediately following the announcemsn, b
of the appraisement President woodburv n
OF the Omaha Water company made .
formal tender Of the entire plant to N. c
city OF Omaha and demanded a check for o
the amount Of the appraisement. o
The Water board went through the form .
"s'Feiecting the appraisement and order,ns b
= aew apprsisement and then Of employing C
eSieris to draw plans for new plant on d
k%<'a 1903. President Woodbury. brought