Omaha daily bee., 1915-05-30
REDICK UPHOLDS
MERGER ELECTION
Refuses to Grant Injunction to Stop
Annexation Election Here
Next Tuesday.
COMMISSIONER LAW VALID. TOO

refused to issue an Injunction pre-
venting the holding of the annexa-
ton election June on alleged
grounds of unconstitutionality of the
annexation and election commits
sioner laws advanced by w. L. Selby
OF Dundee, the plaintiff and his at
torneys, Murphy and Winters Of
South Omaha, and Samuel Cotner
Both laws are reasonable express
sions of the legislature in their class
ification of the municipalities to be
affected by them, and are not special
or local legislation" said the Judge
He sustained q demurrer which had
been interposed by John p. Breen,
author of the laws, and attorney for
Election Commissioner Harley Moor
head, the defendant.
No attempt to secure an immediate
hearing of the suit in supreme court will
be made, according TO Murphy and Win
tiers. but a new suit win be started after
the election in an attempt to prevent
the validity of the decision of the voters,
should It be in favor of annexation.
May start More suits.
Several injunction suits may be
started" said Samuel Winters.
Judge Redick laid stress ON the fact
that It is considered the duty of courts
TO construe laws as constitutional, IL
such a construction is possible. He re-
marked in this connection:
ut is hardly necessary to remind litig-
ants and counsel that the question OF
whether or not an act Of the legislature
IS void as being contrary to or not within
constitutional provisions IL the most seri-
Gus one presented to courts for decision.
principally owing to the fact that the
tribunal is dealing with an Independent
branch of the government and it's power
Nso decide arises only from the absolute
necessities OF the case"
Rests with Legislature.
Regarding the constitutionality of the
annexation law Judge Rediek said in
part;
Classification of municipal corpora
tons is within the power of the leGiEla-
ture and classification based upon sub
stantial differences in population is con-
stitutional.
IAN laws of a general nature must
or upon the different classes to which
they are to be applied.
Population is not the only basis upon
which classification may be founded. The
subject rests with legislatures and their
enactments are not subject to Interior
ence unless classification is artificial and
baseless.
object is Consolidation
turr., - 10 Il a. 49,
into one corporate body all cities of what
ever class having such relations with
each others as In the thought of the
legislature make such amalgamation wise
or expedient. To it eight objections have
been urged"
The decision dlsposes of the objections
in part as follows;
"Can It be said that the facts that the
inferior municipalities are mainly sup
piled from a common water works plant.
and with gas, electric light and street
car service from plants mainly located
I'm and operated from the metropolitan
city are so foreign to and disconnected
from a proper basis upon which the leg
islature in its wisdom may authorize
such cities to be consolidated as 20
amount to mere Identification? Bear
ing in mind that the subject OF CONSOLE
dalton OF cities is purely legislative. it
necessarily follows that that body may
prescribe conditions upon which CONSOLE
dalton may be affected. and the only
restriction upon the legislature in that
regard is that such restrictions shall be
reasonable.
what stronger argument can there be
!, for gathering people together in one COM
munity or under one governmental head
than the very facts recited in the act?
Municipal Ownership Probable.
81 do not consider that the possibility
of a metropolitan city holding its own
,yaterworks and the other conditions of
common public utilities serving the ad-
Joining communities are remote in any
other sense than that it may require
the lapse Of number OF years before
such conditions may be complied with,
but as 10 the first of these conditions.
the public ownership of municipal water
systems is not only a possible future
event. but a most probable one. as to
the other conditions they exist to a
greater or less degree in all the princi-
pal cities OF the state.
sustaIns CommisHiOner Law.
THE argument that there may here
after exist metropolitan cities ana sur
rounding towns complying with every
other condition set forth In Section !, and
vet because OF the possible fact that the
county containing such metropolitan city
did not have a population Of 10000 and
therefore did not have an election com
missioner, such metropolitan city would
ne deprived of the benefit of the act
think is too imaginative and speculative
20 form a proper basis for declaring an
act unconstitutional.
Judge Redick sustained the election
commissioner law, which was also at
tackled in the suit in the following Ian
guage:
..The points made are that no Other
county can ever come in under the proVi-
sions of the election commissioner act
hecause OF the requirement that within
thirty days after the act becomes a la"
the governor shall appoint such commits
sioner. the argument being that the time
OF the appointment of the officer is 50
limited by the provision that a county
subsequently acquiring $4,000 population
would exist without any authority In tn
governor 70 appoint a commissioner
Relieving 1t to be the duty OF TN
court 70 sustain the law II possible,
think Il would be entirely competent Il