Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-01-21
Council Bluffs
JUDGES HOLD FIRST SESSION
Steps Taken to Arrive at Value Of
City Water Plant.
il. WEBSTER FOR BONDHOLDERs
difference Of Opinion Exists as to
validity OF Law Under which
Procedure f. Taken-JudEe
HObsOn Chairman.

Judges A. b. Thornell OF the Fifteenth
judicial district whose home is at sidney"
A. n Hobson of the Thirteenth. residing
At West Union. Fayette county, and r"
O. Ellison of the Eighteenth district, living
1T Anamosa, Jones county constituting
the court OF arbitration appointed by the
Iowa supreme court to hear the evidence
and reach a final decision as to the value
OF the Council Bluffs city water plant
convened at 10 o'clock yesterday morning In
the judges chamber OF the north room OF
the county court house Judge w. X.
Green happened to be in the city and
promptly relieved Judge Thornell of his
duties on the local bench so that there
was no interruption OF the district court
business while Judge Thornell was engaged
In the first steps OF his new duties.
Aftsn 40 informal conference the condem-
nation court organized by selecting Judge
Hobson chairman and naming Jasper J.
Ferguson as official reporter. The attor-
news representing the water company ana
the city were then admitted to make their
preliminary presentation Of the case.
webster for BOndhOIders.
John l. Webster OF Omaha appeared
I'm behalf OF the bondholders had George
s. Wright OF this city for the water com
pany. city Solicitor Kimbal and Emmett
FINLEY appeared for the city. There was
necessity for only the briefest session.
Each side stated that considerable time
would be required to get the evidence In
shape for presentation and il was quickly
evident that the only thing that could be
accomplished at the time was to fix the
dates for future sittings. This involved
the question OF the service Of notices upon
the parties interested in the ownership OF
WahetpT and
Wright agreed to accept responsibility for
service upon the bondhoders, mortgages
and officers OF the company asking only
reasonable time TO get into communi
cation with them After further consuua-
tion between all the lawyers and the
Judges il was agreed that an adjourn,
msnt 10 January q would afford ample
time The order was made and in five
minutes all the lawyers and the case were
out OF the court house. The judges how
ever remained in consultation for nearly
an hour
NuIPRcL says Law Had.
From the smoothness and celebrity will
which everything went along and the read
willingness OF the representatives Of IN,
water company TO solve the knotty prob
lem Of notice service h looked as II th
trim little ship upon which municipal
ownership OF the water plant had beer
embarked was destined TO speedy an,
pleasant voyage, but after the lawyers ha,
left the building Attorney W. H. Knlpacl
pointed out some breakers ahead. Al
though contrary 20 the hopes and wishe
OF some OF the municipal ownership advo
Gates, he was not included as counsel 10
the city, he has given the subject OF IN
condemnation much consideration. II
pointed out defect In the law under whic
the whole proceeding Is brought The law
specially prepared for the purpose. pro
vides fully for the creation Of the cour
and its methods 81 procedure defining no,
service shall be obtained upon the owner
OF the plant and specifically SAYS tina
notice shall be served upon the owner