Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-04-26
Council Bluffs.
BLUFFS BUYS WATER PLANT
No Protest Made and City Council
Takes Decisive Step.
ACCEPTS AWARD OF $51o,5OC
Publications. Follow on Part of Those
who Have Engaged in Contest,
Though some Say Price
IL High.

BY a unanimous vote and without
a protest the council of Council Bluffs last
night approved the award of the court Of
condemnation and took over the city water
plant at the valuation of S51O.5OO thus end
ing nearly seven years Of continuous strug-
gle and the expenditure OF tens Of thousands
of dollars that proved practically of no
avail.
The action Of the council was in the
presence of an audience that filled the
city hall. and when the vote was taken the
applause that arose from all parts of the
chamber indicated the approval of every
person present. The final action came on
swiftly and automatically The members
Of the council held several informal meet
ings after the announcement of the award
Of the judges. and at no time were more
than two members inclined to object
Alderman Minnck felt so good over the
settlement of the long controversy that he
came into the chamber with an armful of
huge red carnations and gave one to every
person within the railing.
First step Taken.
The first step was the reading Of
communication from Emmett FINLEY special
counsel for the city. and City Solicitor Kim
ball reporting the action of the court and
pointing out the course to be followed II
the choice was the acceptance or rejection
.of the award This was followed by a
resolution formally accepting the award
and instructing the city treasurer immed-
lately to negotiate the sale of the $4,000
water bonds and authorizing him to draw
warrants upon the proceeds Of the bond
sale and pay the amounts TO the water
company for the plant The resolution pro-
vided. however that the water company
within fifteen days file with the clerk of
the district court a waiver Of the right of
appeal from the award.
Alderman Fisher moved the adoption of
the resolution and It was simultaneously
seconded by nearly all of the remaining
members OF the council. When every mem
Der voted affirmatively upon roll call every
person in the council chamber Joined In
the applause
An hour of speech-making followed,
opened by Alderman Younkerman, who de-
clared that he was glad It was over and
that the action taken was the best way to
settle all trouble.
Mayor Won over.
Mayor Maloney detailed some of his ex-
periences during the seven years he was a
participant in the fight He declared that
he had never been a municipal ownership
advocate, but that a man would be fool
or lunatic to oppose II at this stage He
expressed the belief that Council Bluffs
was entering upon period of its greatest
progress. After a resolution proposed by
Alderman Fisher thanking Attorneys kim
ball and FINLEY for their work had passed
the mayor called upon Mr.. FINLEY. Mr..
FINLEY said he appreciated very much the
sentiment embodied in the resolution. but
as citizen he wanted to express the deep
debt OF gratitude the city owes to Mr..
klmball. THE city could not have pur-
chased such assistance as he had given It
Tor 10000" He said he never entered a
case where the preparation had been so
thorough, and that he had never been as
ISOLATED with counsel in a case where
such thorough preparedness characterized
every stage. He expressed the obligations
the city was under to City Engineer Etnyre.
j. Chris Jensen and Mr.. Harder.
Mr.. Kimball said he would be insensible
to common gratitude IL he failed to an
preciate the kind words that had been
said. He detailed the months of work. dav
and night, involved in the preparation of
the case and the hearing Both speakers
were heartily applauded, by the council and
the audience
Statements of Lawyers.
In their official notification of the award
the attorneys for the city say:
The finding of the court is about $50 ono
more than the testimony of the witnesses
court is, however, more than 100000 lower
IMAM the valuation fixed and testified To
Dy Witnesses Tor the water works company
ana the mortgate trustees. Your represent
tatlVes nave only the highest regard for
me members of this court and believe
tt.at the court came to It's decislon after a
HSrl,t n
alton OF the evidence and were as YOUR
counsel believe, free from any motive ex
cepI 10 90 what was fair and right Your
representatives, however, feel that the
award is high and that the plant is nor
worth more than the amount fixed by
WI Witnesses L2r the city; We say this with
bers From our standpoint the court
should have assumed that the owners Of
me property were without. franchise or
me right to continue business except at
/ the VIII or the city and from our stand
POINT tS TINS as, assumption would have reduced
court to which this matter was Submitted
however, has made the finding above re-
Ierred to after much delberation and a
4 caletu consideration of each item.
what Is City to Dor
The next question is: What is the city
70 DO with respect to this award? The city
has three courses which II may pursue
l. BY paying up the costs, IL may refuse
10 take lhe PAM altogether In our opinion
6no proceed TO the construction OF a plant
| OF its own.
! 2 The city may pay the amount of the
award into court, take possession OF the
plant and appeal from the amount awarded
| 70 the district court and have a trial by
| jury.
| 3. The city may accept the award an nav
the amount OF II into court and take pozses-
| sion OF the plant
! In the first OF the above methods that
| OF refusing to accept the award, IL the
| city desires 10 own and maintain its own
plant and would proceed to build one. II
has the litigation with respect to the
| Issue OF its bonds for that purpose prac-
ucaily settled. In our opinion however,
this course would result in a determined
fight on the part of the water works com
pany and Its mortgages to prevent such
! action as IL would result in greatly
depreciating and practically confiscating
the property OF the water works COMPANY
in such litigation the city might and we
! believe would, be ultimately sucCessfIl hui
Il would involve the drawing of plans for
the new plant, the awarding Of bids for the
same and the entering into contracts FOR
the construction. After the contracts have
been signed they would have 10 be sub
mttted to ratification by the people al An
/ election. At each successive step thera
| would be possibility OF litigation. which
| would take from one to three wears 10
/ settle and determine. IL would also IA Re
! approximately two years to construct a new
plant II carried out to completion II is
safe to say that Il would take the civ
NNHn. to