Omaha daily bee., 1911-10-08
MERGER OPPONENTS BUSY
Secure Delay in Action on Petition
to Call Special Election.
VALIDITY OF LAW INVOLVED
Action 20 Restrain Commissioners
from Calling Election VIII BE
Commenced before Next
Friday.

Opponents OF she pl oposed Omaha
South Omaha merger struck their fhst
blow Saturday morning when they pre-
vailed upon che county commissioners to
postpone for six days action on the an
nexstionists' petition for special cleo
lion TO determine whether OF not the two
cities shall. be merged. The board re-
ceived the petitions and placed them on
file and made their consideration spe-
oial order for next Friday morning.
Injunction suit, to restrain tho commits
sloners from calling the proposed special
election will be started before next Fri
,J-y, according TO Henry C. Murphy. city
attorney of South Omaha and leader Of
the anti-annexationists The suit win be
based on the contention that the statute
under which the merger is proposed is
unconstitutional.
Two other plans to thwart the annexa-
ton move will be executed, the opponents
Of the proposition hoping that if two
plans fail the other may be successful.
They viii make thorough comparison
Of the petitions with the registration
hooks in Omaha and South omaha in the
hope OF finding that many OF the petit
TONERS are not registered voters Names
OF all unregistered voters must be
stricken from The petitions. By eliminat-
I iEg such names and by inducing other
pc titioners to withdraw-the third plan
the opponents of the move hope to re-
duce the petition lists to the point of in
suffieicncy.
Petitions Arc Presented.
John P. Breen, attorney for the an
nexauonists. appeared before the COM
missioners Saturday morning and off,
cially presented the Omaha and South
Omaha special election petitions, which
were filed late Friday afternoon He
asked the board to Immediately pass upon
the sufficiency of the petitions and to
order County Clerk Haverly to hold the
special election in conjunction with the
general election November I. He offered
/ a certificate of Mr.. Haverly that tho
Omaha petition carried 1891 names, and
the South Omaha petition 1,22S names
He further offered affidavits of Omaha
and South Omaha city clerks as to regis
tration Of the last two years showing
that the number OF names on the petit
lions is far more than the required 10 per
cent of registered voters. no matter what
registration is used as basis. Both Pc
titions have about 500 names to spare
he said.
Requests Are Compromised.
Mr.. Breen asked the board to adopt a
resolution prepared by him and intro
duced by Commissioner Elsasser, finding
the petitions sufficient but Mr.. Murphy
objected and pleaded for ten days delay
TO give the opponents of annexation time
in which to make a legal contest. Mr.
g.. ht1t
feared the contest talk was mere bluff
and the anti annexationists were playing
for time in which to induce signers OF
the petitions TO withdraw. Questioned
by Mr.. Elsasser, Mr. Murphy declared
legal action will be taken to test the
constitutionality Of the merger law. but
admitted efforts may be made 10 induce
signers to withdraw their names.
The commissioners compromised the re-
quests Of the two sides by deferring ac-
ton until next Friday.