Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-12-17
Judge Agrees to Let
Tabernacle Be Built

You have had street carnivaIs In the
parks for the last dozen or more years
and now ! am going to let you try
church for a WHILE said Judge Arthur
last evening, announcing his decision
denying the continuation of the restrain
Ing order prohibiting the association Of
churches erecting a temporary building
or tabernacle" for use Of the Hart
Magann revival meetings. Judge Arthur
reached this conclusion after a lot OF
evidence was taken, both on the point
OF injury 10 the park and endangering
Its title. Judge Arthur also denied the
request for a stay until an appeal could
be taken to the supreme court or fix
the amount OF the supersedeas bond.
That the fight TO prevent the use OF the
park for the purpose designated is not
To be dropped was indicated by the
declaration Of Attorney Thomas O. Har-
rison that an application would be made
to the supreme court this morning for
writ Of certiorari to stop construction I'M
I'll the case could be appealed to the
higher court
The matter was presented to the court
az special session held last night A
large number OF local clergymen attended.
together with many of the members Of
the committees chosen 10 promote the
big revival meetings The park board
interposed no defense at all although
President Graham was called to the wit
ness chair by the plaintiffs. ITO was
questioned concerning the probable injury
to the trees to be inclosed but declined
to express an opinion, declaring that no
one could tell whether the plan of boxing
them in wound prove efficient or not.
II was at best an experiment that had
never been tried.
From the evidence introduced the court
was satisfied that the temporary build
Ing would not affect the title of the
park, and the question turned largely
upon whether the building would be a
nuisance or not. Descriptions of Il
given by the building committees chair
man, j. F. Hughes. Indicated that Il
would not be pretty structure. 1t will
De ITO feet wide and 150 feet long, eight
feet high at the caves and eighteen in the
middle, heated by six furnaces with stove
pipes protruding through the roof and
floored with sawdust and shavings.
Emmett FINLEY, DR.. r. r. Seybert and
George s. Wright, as representative prom.
erty owners. testified to the damage that
would be inflicted upon AUDITING prop
erty, all following and acqulescinR In
the conclusions OF Mr.. FINLEY that dam
age would be done by the establishment
OF the bad precedent OF permitting the
park TO be used for abnormal purposes.
Both offered to contribute literally 60 tho
religious enterprise II Il was located in
the Auditorium. When the court an
nounced his decision the ciergymen and
many others present applauded literally.
The clergymen were represented by w.
H. K1ilpack and ID. e. Stuart and the
plaintiffs. which included Mr.. Wright as
intervenor, by Mr. Harrison. Mr.. Har.
rison said last night that ne would go
to Des Moines this morning and get q
restraining order from the supreme court
II the order is granted It will prevent
the construction Of the tabernacle by de-
laying It beyond the time possible for its
use.
WE NOW HAVE on display one OF the
largest assortments OF Christmas decora-
tons. candles. nuts and fruits in the city