Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-03-02
LAYS PLANS FOR TROUBLE
City Council Has Sown Seed for Lit
CATION in the Gas Case.
CONFLICT IN GAS CONTRACTS
Resolution Calls for Bids for Three
Years and Specifications Put the
Time a. Running for
Five Years.

The city council planted another seed.
which Is likely to bear fruit in the shape
OF court litigation when It passed the reso-
luton asking for bids for street lighting
with gas, according to ATTORNEY W. J. Con-
nell
In the resolution a direct conflict exists
az to the time the contract is to run. Sec
ton 1 Of the document STIMULATES that the
city OF Omaha will receive bids based on
specifications on file for equipment and gas,
including maintenance and care for street
lighting. either separately or combined, for
a period Of three years.
The specifications which are e part Of
the measure. provides that the work to be
done under these specifications shall con.
sist OF furnishing all the materials and all
labor and equipment necessary to light with
gas the streets OF Omaha during the con
tlnuance Of this contract for a period of
five years. beginning on the date Of award
OF the contract.
The question was raised Wednesday
morning as to which requirement should
maintain. OF the four bids opened by the
city council Tuesday night. three were sub
mitted on the proposition of furnishing
street lighting for three years. while the
Omaha Street Lighting company, a new
organization, who seeks to furnish equip
ment and maintenance, submitted its offer
on five-yesr basis.
difference of opinion exists among law
years and city hall officials Assistant city
Attorney Dunn contends that the three
year provision should maintain as the res
olution was framed around this time City
Clerk Dan Butler is Of the opinion that the
five year period will hold, II any does, as
the bids were made or supposed to be ac-
cording to the specifications
Both Cannot Prevail.
All agree however, that both cannot pre-
vail and that either the bid Of the Omaha
street Lighting company or the bids OF the
Omaha Gas company, the Welsbach Com
pany Of America and the American street
Lighting company OF Baltimore, who bid
on the three-year proposition, Will have to
be thrown out.
That serious blunder was made when
the city council let the direct conflict slip
through is agreed to by all who have
studied the resolution. II has been sug-
Bested that the only thing to do is to
throw out ali bids and pass another reso-
luton.
When shown the resolution Wednesday
morning Assistant City Attorney Dunn
stated that he believed the three-year
proposition will hold. But" he said the
conflict is serious blunder which could
easily have been avoided.
There is no earthly excuse for such a
conflict. All the members Of the council
would have had to do would have been to
read the resolution through and the dis
crepancy would have been plainly discov-
cred"
Resolution is Passed.
The resolution was introduced by Coun-
Gilman Johnson and passed by unanimous
vote, after a resolution drawn by City At
torney Rine was thrown into the discard.
Gas Commissioners Crowley was concerned
In drawing up the amended resolution and
submitted the terms OF 1t to the council
before the resolution WAS put in sup
posedly legal shape.
There is a conflict, sure" said Attorney
w j. Connen Wednesday morning. "As
TO which period will maintain is simply a
question OF law. But it looks to me as
though the city council has planted another
seed which is likely to result in litigation
il the contract is awarded on this resolu-
ton"