Omaha daily bee., 1918-05-06

About Purchase of Gas Plant.

Omaha. May 3.-To the Editor OF
The Bee: Doubtless you have access
to and have read the law for the ac-
QUESTION Of the Gas Plant If the
people next Tuesday vote to acquire
the plant, but it has been suggested
to me that | send to you full coDv
of the law, that you may point out,
if you choose. its material features.
The act is the result of an extended
research throughout the legislative
acts of the country for information
concerning proceedings of this char
acter and a discovery of the latest
and most approved method for such
condemnation and the holding of the
courts respecting the matter.
AS you will see, the essential fea-
lures are those which provide the
method Of securing the services of
three district judges to sit as a board
of condemnation. and these are to be
selected by the highest judicial trib-
unal of the state--the supreme court.
and two of them must be taken from
judicial districts outside the CITY, This
condemnation court is empowered to
command the attendance of wit
nesses and to enforce the production
of all books. (as you will recall we
had trouble, to some extent, on this
point in the waterworks case. even
tually), papers and data deemed es-
sential by the court as a basis for
fixing values.
The most important features Of the
act. so far as the city is concerned.
however. are those which provide, if
the condemnation courts finding of
value be deemed excessive or so high
that the city does not care to proceed
now with the acquisition of the plant
at the price found, the city authori-
ties are given the right to elect to
abandon the proceedings at any time
within 60 days after the filing of the
value by the condemnation court. but
if the city does not abandon, within
said time, then the company is given
the right to appeal, by filing a bond
within 20 days after the so days given
the city to make it's election; and an
important feature of this law. unlike
other laws on the subject. is the one
which provides that if the company
does appeal, the city in the meantime
has the right to take possession of the
plant and operate it, by rendering to
the company the amount of value
found by the condemnation court
This feature was inserted mainly be-
cause of our experience with the ac-
QUESTION of the waterworks. Pending
the appeal in that case and for nearly
period Of six years, as you will re-
call, the water company, keeping pos
session of the plant and naturally
enough not desiring to make better
ments or extensions while the acduisi-
ton of the plant was in litigation, the
people of this city were much an
noyed and the growth of the city re-
tarded. to some extent. on account of
the almost total cessation of extern
sions by the water company, and in
many instances the property owners
resorted to the eXpedient of laying
extension pipes and paying for them
themselves. Under this act if the
city elects to take within the so days,
even though the company should ap-
peal, the city goes into possession of
the plant. if it elects to make the ten
der of the amount found bv the con-
demnation court, and the city may
treat the plant as its own from that
time forward and hence, of course,
make such improvements as it desires
and fix such rates as it NAV deem
proper. JOHN p. BREEN.