THE OMAHA DAILY BEE: MONDAY, FEimtTARY 13, 1503.
DISCISSION OF WATER Bill
Stenographic- Eeport of Hearing 1 ore
Senate Committee.
WEAK POINTS Or PROPOSED LEGISLATION
Hlatarr f Omaha. Water riaat and
ol the Steps Lale ta Its
Aeqalslttoa by tha
City.
Following Ss the conclusion of the dlnpuii
on of the writer bill before the mate
cowmHtee at Lincoln last weok, the first
Prt having been printed In yesterday's
wue of Tbe Bee:
Mr. Rosewater Have we not the right to
Srovern ourselves? 'Why hn the mayor anil
council the right to Issue a proclamation for
a bond election?
Another query. Our charter expressly
provides that when bonds are Issued for
the purchase of water works and electric
Jtghta It takea two-thirds of the voters.
This bill makes no provision of any kind.
It simply authorises the Water board to
call the election and Issue the bonds.
It says, trust these gentlemen. I have
known some of these gentlemen many
years. They are honorable men, but I
never before heard of their fighting a
battle for Omaha, whether It wns a battle
for a charter revision or a battle against
tboodlers and grafters. Now they have
gone through, tha two houses begging to
be retalnod and their powers extended.
What do these bankers care for a salary
of $M a month? There Is something back
of that or there would not be such great
Tresure, even to sending dispatches by
tmnkera from the small towns to their
rnembers of the legislature to pass this
bill. ' '
' Oraahans Oppoie the Bill.
Have we anybody In Omaha opposing the
1)111? Tes; there are thousands; but they
cannot spare the time or can't afford to
come down and protest. I am Informed
that the executive committee of the Com
merclal club has said that this bill meets
their approval. A dozen gentlemen repre
Renting the Commercial club at the In
atance of the gentlemen who come here,
and who will follow me, go Into a cozy
chamber and there they listen to the pre
sentation of one side of the question
.They have not seen the bill 'and do not
know Us scope or how far reaching It Is,
and what the effect will be and they pass
the resolution. I would almost say that
they would pass any resolution. If a clever
hypnotist should come around, and ask
tAem to )et the city's business be man-
AgJ by a special committee of the Fonts
neua club, they would do It. under tnis
bill the water commissioner is a pretty big
man. In fact he la the whole thing. I am
not going to discuss the nonpartlsanahlp of
the board. That means nothing. We have
seen those things before. We have had
nonparties n police commissions, and yet,
1 have never known any difference be
tween a democrat and a republican or
populist when there was a scheme which
they all wanted to carry through. The
proper thing la to have the water works
employes guaranteed their Jobs so long
as they behave and prohibit Interference
with pontics. That la about the only com
mendable feature of thla bill.
That nonpartisan clause reminds me of
what Elmer Thomas, attorney for the
., Clvlo Federation, sold In his Chicago lee
ture. He said that they were strictly
nonpartisan, but when they heard that
Mayor Moo res had said that It was a fight
between the machine and the federation
the nonoivrtlsans went Into' politics and
sent a man to the national convention
that did not have my name. (Laughter.)
frhai - . . . . .,o4iilmi - vlotnrv. - tit course.
T. J. Mahoney, the president, a democrat,
and EJlmer Thomas, a populist, went Into
the republican primaries to see that one
man- did not go to the national conven
tlotv That merely shows that nonpartisan
shtr Is a sham. Bix republicans that would
ro IntaJn civil eervloe rulea would be just
as good and probably better.
Board Becomes Liable to Bio One.
Under the Dodge bill the water board la
accountable to nobody and can, do anything
1 . - . 1 . anln.il.tllltf th 1 A fl f
11 nn Hi. IIMHH'i"H -
water bonda. Are the members of the board
so arood that they are to be above public
nurvelllance? Should they not, like all other
. public officers, be within reach of the pub-
llo eye and public ear?
Nobody has objected up to date
n . ilr iiir chamber work be
cause the board has had noth
Ing to do, but when the board cornea to
negotiato a mortgage debt amounting to
millions, extend contracts amounting to
hundreds of thousands of dollars, the peo
ple will want to know how anyone of the
board stands on any one of the propositions
and how he votes.
Under the Dodge bill the water board la
empowered to negotiate in star chamber
for the purchase of the water plant located
In South Omaha. They may allow $501,000.
or even U.000,000 for the South Omaha fran
chise or contract, which waa extended
from 1906 to 1913 while the appraisement of
the works In Omaha waa In progress and
without causing any protest from the
would-be commissioner.
Why should not the bill be so drawn as
to empower the city to acquire the South
Omaha plant by eminent domain. Instead of
accepting tha appraisement of the three
appraisers who were appointed under the
contract of 188 to appraise the worka that
supply Omaha and expressly prohibited by
that contract from making any allowance
for tbo franchise value of the works
within the elty limits of Omaha?
Rates aal Fsvora.'
Doea the Dodge bill contemplate that
the South Omaha water works plant shall
be acquired and owned by Omaha,
or Is It proposed that the city shall allow
the water company to supply the water?
1 do not know how they can do it without
.owning the works. They say In this bill
that South Omaha must pay the same
rates that Omaha pays. In one of those let
ters Mr. Howell wrote last fall he charged
that the stock, yards only pays 444 cents
per. 1.000 gallons for water. I know that
we are paying 10. He saya under thla bill
.South Omaha will have to come up to
Omaha rates. How the packing houses will
enjoy that sort of thing I do not know.
I understand thut this rate waa given to
them because they proposed to put In
RAW ITCHING ECZEMA
Slotcbts ei Bands, Cars, tod Anklts
- Fir Thru Yiart. Instut
Relief ia4
SPEEDY CUrTbY CUTICURA
" Thanks to Cutlcura I am now rid
of that fearful pest, weeping ecsema,
for the first time in three years. It
first appeared on my hand, a little
pimple, growing into several blotches,
and then on my cars and ankles.
They were exceedingly painful, itch
ing, and always rsw. Alter the first
day's treatment with Cuticura Soap,
Ointment, and Pills, there waa very
little of tha burning and itching, ana
the car now seems to be complete.
i signed) S. B. Hege. Passenger Agent
8- &. Washington, P. C",
iheir own water plant and supply their
own water from artesian wells unless thla
rate was given them.
Another section of thla bill provides that
all Improvements connected with the water
works shall be under the water board. That
la. they tear up the streets and lay new
mains or relay old mains or do any work
In the streets, the city engineer and Board
of Public Works have nothing to do with
them. Whether they will employ an en
gineer of their own I do not know, but how
will it be In South Omaha.' If they ac
quire those worka repairs will be needed.
If thla bill passes they are to have complete
control. Under the charter of South
Omaha they cannot have complete con
trol. The mayor and council are supreme.
Would they be permitted to tear up the
streets In South Omaha and repair them
without having permission from the mayor
and council?
I would also like to know whether they
propose to own a paving plant In Omaha,
or whether they are to be given the use of
the one owned by the city when they
want It?
Coatrol of the Streets.
Why should not the city engineer of
Omaha have control of the repairs of
streets so that they will be In conformity
with plans and specifications. If they pro
pose to monopolize that work, when they
acquire control there Is sure to be clashing
and trouble all the time, wny snouia we
have a corporation within a corporation? If
they would content themselves with simply
controlling the water rates, collecting the
money and having It disbursed properly,
subject to the comptroller or some other
officer, well and good, but when they as
some to take control of the streets of
Omaha and ignore the rules and regula
tions of Its police and health department
and every other department, and in fact
become a law unto themselves, when they
ask you to enact such an unprecedented
law as that, I protest. Such a legislative
monstrosity has never been enacted
for any city in the union. They cannot
cite an Instance where the legislature of
any state has ever commanded a com
munity to purchase a public utility plant. '
In Chicago there Is a great struggle going
on over street railways. The Illinois leg
islature permits the city to do those things,
but does not command. They cannot com
mand us to Invest our moneys In public
utilities. The fundsmental principles of
self-government, are the right of every com
munity to select Its own servants and com
pel their public servants to be accountable
to them. That Is a fixed principle for which
I have been contending for a lifetime and
I am not going to give It up now!
Matter of Hydrant Rentals,
In the red letter water primers pub
lished before last fall's election Mr.
Howell called public attention to the high
rental that we are paying for fire hy
drants. I concede that we are paying
very high hydrant rental, only I do not
like to put It In such a way that It is
deceptive; that It becomea an Imposition.
For example, he would Blngle out the city
of Minneapolis, which owns Its own works.
He would say, In Minneapolis, water for
an eight-room house Is supplied for so
many dollars and the city of Omaha so
many, but the city of Minneapolis pays
nothing for hydrant rentals, while the
city of Omaha pays $93,000 a year for Its
Are hydrants. The exhlbtts were mislead
ing and demagogic. In hla red letter
primers he denounces the excessive hy
drant rental, but In the Dodge bill he au
thorised the Water board to Impose
a tax of 1100,000 a year for hy
drant rental after the city haa
acquired the worka This la not all. The
citizens of Omaha are to be taxed not
only for hydTant rental, but for the water
supplied to public buildings, to the city
halh to the parks and public fountains.
Thla Is a newfangled Idea. I am told they
want to do this In order to reduce the rate
to private consumers. I concede that they
should be reduced. In Kansas City they
did not do anything of the kind, however.
They do not charge hydrant rental in Kan
aas City. They bought the worka for $3,500,-
000 and expended $1,000,000 more in repairs
and reconstruction, and for five years they
could not make any reduction to private
consumers, although Kansas City has 75,000
to 100,000 more population than Omaha.
Only within the last year haa Kansas City
reduced water rates 16 per cent. Why
should we pay hydrant rentals If we are
going to own the works? The whole thing
Is conceived In autocracy. They take the
community by the throat and say, thus
you must do! They want to be free to do
as they please, submit nothing for approval
of tho public and say we are great and
good men, and therefore, you must trust us.
1 do not care If they were the most hon
orable and noble people on earth, when
they take a public office they should be
made responsible to the people that Day
the taxes. They jhould have been electable
In the first place, when there Is something
for them to do and not draw salaries two
or three years before the works are ac
quired. I have ststed that there Is a chance
of legal complications that may defer the
nnal acquisition of the water works for two
or three years. Should they be held up un
til after the contract expires In September,
1908, we would be free to fix the rates at
what would' be right and reasonable. I
suppose that the gentlemen will try to per
suade you that It Is not necessary to In
sert anything In thla bill about submitting
the contract extension to the people; that
the charter provides that whenever a fran
chise Is granted It must be submitted, but
I take no stock In that. The charter only
relates to the city of Omaha, but you are
creating a new corporation to be known as
the Omaha Water district, and the charter
provisions will not govern the Water board.
Where there Is a specific grant of power
tne new law takes precedence over the old
law. This Is to be a corporation with power
to sue ana te sued, to have a seal, to call
elections, issue bonds and do all those
things for which corporate powers are
granted, and unless you have It In the bill
that the Water board shall submit certain
thlnga to tha people they need not aubmlt
them.
School Boira and Water Board.
Dr. Hippie You were the father of the
present metropolitan city educational bill,
were you not?
Mr. Rosewater I was the father of the
law that created the Board of Education.
, Dr. Hipple-Ia It not a fact that the Board
of Education in the city of Omaha has ths
right of eminent domain?
Mr. Rosewater I do not know whether
they have now. I do not think that was In
serted in the original bill, but that they
have acquired It since. Originally the school
district was not coincident with the entire
city limits. A pert of the Fifth ward was
left out and we had twe school boards. The
rvgents of the Omaha High school were a
board of control of the high school and the
people of Omaha Issued the bonds for the
erection of the high school building.
Dr. Hippie Is It not a fact that the pres
ent Board of Kducatlon has a" right to call
elections?
Mr. Rosewater Tes, sir.'
Dr. Hippie Have they not the right to
submit bonds?
Mr. Rosewater Tes, sir.
Dr. Hippie Have they not the right to
sell property, practically without limit, by
a two-thirds vote at any regular meeting?
Mr. Rosewater I underatand so.
Dr. Hippie Have they not the right to ex
pend $5,000 In any one year without submit
ting to a vote of the people ;
Mr. Rosewater Tes. but the original
water bill limited the expenditure, snd that
Is krocked out of the second bill.
Dr. Hippie Doea the Board of Education
employ Its own attorney?
Mr. Rosewater Tes, but I havs always
opposed it. It was not In the original Board
of Uduoatlon act. They have made a sine
cure office of It. There Is no law for it. In
the original Bet the city treasurer of Omaha
was made er. -officio treasurer of the school
district. They had their own treasurer be
fore. The city has a law department that
draws $12,000 per year out of the city, and
they are employing an attorney to do the
work that might just as welt be done In the
city attorney's office.
Dr. Hippie Is It not a fact that the
Board of Education haa a right to em
ploy ta own superintendent at any salary
It sees fit to pay?
Mr. Rosewater Tes, and that Is wrong.
Dr. Hippie And they employ the teach
ers? Mr. Rosewater Tes.
Dr. Hippie Is It not true that the power
that we seek to confer upon the Water
board by this bill are no greater In re
gard to water matters thah are now con
ferred upon the Board of Education In re
gard to school matters?
Mr. Rosewater Tes, they are greater.
Thla $26,000 la a bagatelle. With your right
to extend this contract nine-tenths of the
taxpayera are agalnat It.
Dr. Hippie The powers. In reality, that
are sought to be given to the Water board
are not extraordinary, viewed by the
powers already given to the Board of Edu
cation? Mr. Rosewater Tea, I think they are.
And some of the powers should be taken
from the School board and placed In the
hands of the mayor and council.. In Chi
cago and In other cities In thla country
the School board are appointed by the
mayor and council. But I don't advocate
that. I feel sure, however, If you were
to submit a proposition to the taxpayers
of Omaha to give the School board the
power that It now exercises levying taxes.
Irrespective of anything, that nine-tenths
of the people would snow It under. Why
create a new corporation with such vast
powers? The school district of Omaha
has never raised more than $200,000 at one
time, but we are going In here and Invest
millions and put It In the hands of a
board not responsible to anyone. The
School board Is elected by the people, but
this board Is appointed.
1,1 fe of the Contraet.
Mr. Jackson Do I understand you that
this contract lacks three years of being
matured?
Mr. Rosewater Yes, the 4th of Septem
ber, 1908.
Mr. Jackson What reasons are advanced
for taking advantage of the provisions of
this contract before It has matured?
Mr. Rosewater Here is a pamphlet that
clearly states that. The contract expires,
but we have a right to buy at the end of
twenty years. (Here Mr. Rosewater pre
sented and left In the hands of the com
mittee a pamphlet.)
Mr. Congdon What contract do you refer
tot
Mr. Rosewater-The one that Senator
Manderson drew up as city attorney. The
fire hydrant rental contract.
Mr. Congdon Tou are wrong on that.' It
Is twenty-five years.
Mr. Rosewater Any one of the members
of the committee can read that (referring
to the pamphlet) and see what the ordi
nances and extension are. The last ordi
nance Is the one that accepts the works.
The date of the approval of the ordinance
by the mayor and city Is September 4,
1883; C. S. Chase, mayor. That Is the date
of final action and that has been settled
by the federal courts. They have recog
nized the validity of this contract and the
federal court decreed years ago that the
franchise was not forfeited because of
foreclosure. That was argued before Judge
Dundy and he decreed that the new com
pany not only bought the plant but also
the right to operate the works and enforce
the contract with the city for hydrant
rental.
Mr. Congdon I understand you to give
this committee to understand that the city
of Omaha has some contract with this
water company concerning domestlo rates,
whereas the only contract we have Is for
fire hydrants that run for twenty-five
years. The other matter Is a perpetual
franchise granted by that ordinance. Tou
evidently gave the committee to under
stand that the whole matter was In con
tract. We have but one contract and that
Is for fire hydrant rentals.
Rates Now Belnar Chara-ed.
Mr. Rosewater I want it understood that
the ordinance calling for bids for water
works to be erected In Omaha, Included
within it the plans snd specifications as a
part of the proposition, the right to charge
certain rates that were mentioned in the
ordinances, the agreement of the city to
pay for at least 260 hydrants at $84 per
year. , That was the original agreement.
If the city could get lower water rates I
would be glad to see It get them. I went
Into the water company's office this morn
ing to satisfy myself on one point. I
Inquired how many patrons were taking
water at meter rates and they told me
over 6,000 and that over 1,600 of these were
paying less than 60 cents per month. That
is not a terrible thing. In other cities they
fix a minimum rate for private consumers.
Their meter rates are lower, but they say
you cannot take less than 60 cents worth
of water a month. They do not do
anything of that kind. They have a rate in
South Omaha of 4 cents. The stock yards
and packing houses In South Omaha were
going to put In their own water works and
the water company naturally gave them a
rate In order to head off competition.
Under the contention made by Mr. Howell
the South Omaha packing housea would
have to pay higher rates.
Mr. Gibson I have charge of 150 or 300
houses and buildings In South Omaha that
the water company Insisted be Installed
with meters Instead of providing them the
water under the house plan.
Mr. Rosewater I do not know anything
about that.
Mr. Barns The third house from where
I live they do not have a meter. Where
I live they have a meter.
Agreement That la Binding.
Mr. Mockett Your contention la that
there Is an agreement or contract under
and by virtue of. which the rate cannot be
reduced below 35 centa per 1,000 gallons.
Mr. Rosewater I contend that the rate
waa a part of the contract and that the
Can your appetite conceive
anything more toothsome
than a sweet,deliciou s
chocolate cake and a cup of
creamy Ghirardelli's Ground
Chocolate ?
A pantry without Ghirar
delli's is like a garden with
out roses.
Freshness preserved in patented
hermetically scaled cans.
rate was Inserted In the ordinance asking
for bids and that was the condition on
which the contract was made.
Mr. Mockett And as a part of the gen
eral agreement?
Mr. Rosewater Yes, If It were not so,
we would have got rid of It long ago.
When these works were first contracted
for Omaha had less than 30.000 population.
The advertisement wss for the person who
would furnish wster for use under the
plans and specifications prepared by J. B.
Cook. The city attorney says In a report
gotten out September, 14, 1F99 (referring to
a pamphlet). It must be borne In mind
that the purpose of the ordinance was to
procure bids and naturally to procure
low bids.
Howell's Statement.
R. B. Howell said: "Mr. Chairman and
Members of this Committee: I hope you
gentlemen will pardon me for represent
ing personally, myself. Mr. Rosewater's
references to me have been of such a char
acter I think I should do so In a preface
of my remarks with reference to myself.
He haa unjustly charged me with apparent
conspiracy. It seems to me that these re
marks that I am about to make are neces
sary. I am not a very old man at the
present time, and of course ten years ago
I was ten years younger, and yet he would
give you to understand that ten years ago
I was exercising the prerogatives of a citi
zen of Omaha and that then I was Insti
gating what he states to be ft policy of
robbery, so far as this water company la
concerned. And furthermore he has charged
that at the legislature I succeeded In so
Impressing every member of this legisla
ture that I secured the passage of the
water bill contrary to the Interests of the '
people of the city of Omaha. I
"Now, gentlemen, as a matter of fact. It I
happens that W. J. Broatch was elected
mayor of the city of Omaha, and It Is for
me to say to you that there has never been
an amicable personal feeling on the part of
Mr. Rosewster and I might sly on the
part of Mr. Broatch as to each other.
When he was elected mayor he choose me
as city engineer. That was the first act of
which I was guilty. I was chosen by W.
J. Broatch aa city engineer of Omaha. The
reprehensible act was that I succeeded
Rosewater's brother, and from that
moment until the present time ftje hand of
Mr. Rosewater and The Bee has been
turned against me, and I have had a
single-handed fight In the city of Omaha,
as I came there a young man and had no
family or fortune to sustain me In my ef
forts. While I was city engineer the
water company of Omaha came to the
council and asked for an extension of their
franchise, which they claimed did not ex
pire for seven years, and no one heard the
voice of Mr. Rosewater raised against such
an extension of the franchise."
Mr. Rosewater It was not an extension
of the purchasing period and not an ex
tension of the franchise. It was simply a
proposition made at the time when the
Transmiselsalppl exposition was projected
and they offered te give us free water for
the exposition. That was before we started
to butld. It was at that time and I have
the record. It was not designed to extend
the franchise, but the right of the city to
purchase from 1903 to 1907, so that they
would not be obliged to sell If they did not
want to until 1907.
Resolution of 1806.
Mr. Howell In 1896, when I was city en
gineer, the mayor sent a resolution to me
that was adopted by the council extend
ing the rights ot the water company for
a period of seven years, although their
contract did not expire for seven years.
Not a word was heard from our friend
here. He was In favor of It then, as he
Is today. As the city engineer I sub
mitted a report, and as a result of that
report the mayor vetoed the ordinance,
although the city council was ready to
pass It over his veto by a two-thirds vote.
Mr. Poppleton ,nnd . some of the public
spirited men of Omaha went Into the courts
to prevent the passage of this contract
Before they had an opportunity to act
the charter of the city of Omaha went
through and provided therein that.no ex
tension of the franchise of the water com
pany for the city of Omaha could be
granted. I was attacked and charged with
blackmail by The Omaha Bee. It was
stated that I had a grudge against the
Omaha Water company and was trying
to ruin the company and he was going to
protect the people against blackmail, and
I was the guilty man. He did not succeed
In driving me from the office of city en
gineer, and when my term expired I went
on with the practice of my profession. I
felt then and now that the city of Omaha
was paying the highest water rates of any
city In the United States, 36 cents per 1,000
gallons for water and $84 for hydrants,
whereas Denver paid only $G6. I deter
mined then and from that time forward
that I would fight for municipal owner
ship of the waterworks for the city of
Omaha, and In the year 1900 the people
of Omaha voted $3,000,000 In bonds to pur
chase that plant.
Condemns the City Council.
But the city council made no attempt to
acquire the plant and no effort was made
In 1901, and In 1902 I was a -candidate for
state senator for one avowed purpose, and
that was to compel the council to do thetr-
duty. I waa nominated and elected to the
atate aenate, and S. F. 1 was a bill pre
pared by myself that provided that when
metropolitan cities voted bonds for the pur
chase of a water plant the city council
must act. The city council had the choice
of the methods. That became a law and
was signed In February, two years ago,
and for two years this thing has dragged,
and why? Because it has been In the
hands ot the city council and they have
deliberately, notwithstanding the prohibi
tion In the present charter, confessed Judg
ment to the hydrant rentals every six
months snd without resistance allowed the
mandamus proceedings to collect. That la
the council ws have to deal with, a coun
cil In the hands of the water company,
with which Mr. Rosewater has great In
fluence. Mr. Barton resigned from the Water
board In June lust year and the Water
board saw lit to fill the vacancy by appoint
ing ma to that position and I took that po
sition, and ane of my first arts was to in
troduce a resolution asking the city council
to lower the water ratea. because we have
maximum water rates and not minimum
water rates. The United States court had
decided a case on all fours with the city of
Omaha and we had a right to have these
rates reduced, and the council did nothing,
and as a consequence I made a campaign on
that basla. I went before the primaries and
through fraud, of which this man had
knowledge, I was defeated and then when
the chairman of the republican central com
mittee stated that this changing of the bal
lots had been done without his knowledge,
and the secretary stated the same thing, I
said, "Gentlemen, In that case, I will go
beforo the people. And notwithstanding no
man had ever yet been elected on an Inde
pendent ticket In the county of Douglas, I
will go." The night before election this
man saw that the tide was turning In my
favor snd wrote this article. I want to
call your attention to It. It Is entitled
"An Open Letter to R. B. Howell."
(Here Mr. Howell read a long editorial
In The Omaha Bee.)
Howell Indulges la Melodrama.
Mr. Howell That Is what he wrote. That
la your writing Is It not?
Mr. Rosewster Tes, sir; snd I signed it,
too.
Mr. Howell I csll upon you here to note
that that man wrote that and signed It.
Mr. Rosewater Yea. and I want to tell
you that you were not elected this last
time by republican votes. You were elected
this last time by the democrats snd the
boodle of the electrlo lighting company.
that spent thousands of dollars to elect
you.
Mr. Howell This man here, sfter publish
ing this In the paper the night before elec
tion, did not succeed In defeating me. I
was the first Independent candidate that
was ever elected In Douglas county, and
elected by S.600 majority, when every re
publican Nominee was elected by from
4,no to 5.0n0 majority. That Is the fact.
And I have lived seventeen years In Omaha
and I have not had a newspaper. I have
had to labor with my hands, but this man.
In aplte of his boasted power and Influence,
has been unable to destroy me, and after
writing this paper I had him arrested that
very night and I prophesy that he will
spend at least one year In your penitentiary
In Lincoln as a result of that letter.
Mr. Rosewater You threaten me, do you?
If you are going to threaten me, I want
to tell you, I will name one Judge In this
last election who got paid for working
for you, who called off your name when
Wellcr's name was on the ticket.
Mr. Howell I want you to remember that
I am threatened by this gentleman. He
threatens that he will destroy me. When
he found that I was elected he announced
tothe people of Omaha that notwithstand
ing that he was going to take legal pro
ceedings to destroy the water board, and
he wants, to destroy this water board be
cause I am on It.
Qaratloa of City's Option.
Mr. Hughes I have been unable to learn
whether there was anything In this agree
ment that provided any option that the
city possessed to come In and buy at any
time before this twenty years. Had the city
the option to buy In 1901 or any time be
fore the twenty years expired?
Mr. Howell In 1880 the city of Omaha
had advertised for bids for the construc
tion of the water plant by the city. Sidney
E. Locke and his successors and assigns
were the successful bidders and received
the award of the contract. This contract
provided that they should furnish hydrants
for the city of Omaha for a period of
twenty-five years at a fixed rental. That
at the end of twenty years, however, the
city of Omaha would .have the right to
purchase and the twenty-five years was
to run from completion of the works,
which were fixed at one year, therefore,
the contract would run out, the twenty
years would expire In 1901. Subsequently
an attempt was made to Increase that
period by three years. We have always
contended, at least the city attorney did,
when I was In the city engineer's office,
that such contract would hold, probably.
It was because of this fact that our
right to purchase was to accrue with the
people of Omaha after voting bonds In
1900 so that they could take over the
plant and the city council refused to act.
It should be understood that the franchise
of the Omaha Water company Is a" fran
chise In perpetuity. They have a right,
so long as we do not take away their plant
to maintain pipes In the streets of Omaha.
They have a contract for hydrants at cer
tain fixed prices for twenty-five years from
1881.
Flxlnar of Rates.
Mr. Mockett Your contention Is ba-ed
on the recognized principles that a court
will protect any public service corporation
In reasonable profits and that they cannot
charge unreason ible amcunts?
Mr. Howell Yes; It was prominently
stated In an editorial not long ago.
Mr. Rosewater Did I state this Freeport
case wrong?
Mr. Howell I will admit that you were
correct In some of your otatements. It
was so rambling I cannot recollect.
Mr. Rosewater The court decided that
because of the law of Illinois authorizing
the mayors and councils of cities to reg
ulate and fix the rates the supreme court,
five out of the nine Judges, held that they
had a right to do this and they all agreed
If that statute had not been In Illinois that
they conld not have done It.
Mr. Congdon You are wrong. The Free
port case was this: The legislature of Illi
nois had authorised a certain town to fix
a set rate, and Freeport passed an ordi
nance fixing so much money, then after
ward the city council found that that was
unreasonable, and the supreme court found
that they had a right to fix the rate. In
the Free ik) rt case a fixed rate was made.
Our rate In Omaha is u maximum.
Ing a quart cup of coffee snd a couple of
slices of bacon through the kindly Inter
cession of his striker. That Impecunious
officer was only retired several months
ago as a brigadier general."
CRUDE OIL PRODUCERS MEET
Resolutions Adopted Condemning; the
Action of Standard Oil Com
pany In Kansas.
TOLEDO, O., Feb. 12. At a meeting to
day of the Western Oil Men's association,
composed of crude oil producers In the
Trenton rock oil fields of Ohio and Indiana,
the situation In Kansas was discussed by
the thirty or forty members present and
the following resolutions were unanimously
adopted:
Resolved, First, that It Is the sense of the
producers and others interested here as
sembled that the state of Kansas Is en
titled to the sympathy and moral support
of the oil trade everywhere in lis contest
with the Standard Oil company.
Second That In the recent action of the
said company In promulgating the extraor
dinary order suspending operations Jn the
Kansas field. .It has violated high class
business principles and been guilty of an
act that Is good public policy.
Third That we hereby heartily endorse
the Kansas legislature In Its efforts to
secure relief to the trade and to see that
Justice be done.
ourth That In view of the fact that the
rule of the equ-l rights ha been Ignored
bv the company we hope that the state will
sec that the Independent producers have
a square deal and are supported In a
substantial manner in their efforts to ob
tain relief from an oppressive situation.
Fifth That In maintaining their priority
rights thev should receive all iiei esary aid
r.ot nnlv from the state, but from oil pro
ducers In all other fields.
Re-olved, That a copy of these resolu
tions be forwarded to the speaker of the
house at Topeka, Kan.
It was the consensus of opinion that the
Standard Oil company In suspending all
work In the Kansss fields was due not so
much to the refinery bill now before the
legislature of that state ss to the bill
making pipe lines common csrrlera.
J. B. HayneB offers his house for rent;
house of eight rooms and hath; hot wnler
plant; S33 Georgia ave. See Tayne, lioet
wlck at Co.. N, Y. Ufe bldg.
Auditorium March 7 tliavs all.
niF.D.
GOLDSMITH Jeannette, beloved wife of
I,. A. and mother of Ixnils and Sam
Ooldsmlth and Mrs. L. Levy.
funeral Tuesday at 1 p. m. from lata
residence, 1611 Orsce street. Interment at
Pleasant Hill cemetery.
CAJORI-Anton, Saturday. 6 p. m.. aged
(A rears.
Funeral Tuesday, 1 p. m., from residence,
1212 8. fith St.
WAS NOT ALWAYS A GENERAL
Story of the Trials n Present Brig
adier Experienced in the Good
Old Army Days.
"In the old army days," said Captain
TenEyck, a retired regular army officer,
at the Paxton, "the mess system was not
as perfect ss It Is now, and It very often
happened that some of the younger, un
married officers had to do their own cook
ing. Once up at Fort Sedgwick, Colo., a
young officer had let his commissary bill
run up so high that his credit was no good
at the commissary for anything more than
the most necessary substantiate. He was
a high-spirited young fellow, and having
been turned down by the commissary for
a few extras, he concluded to go It alone
until after the next pay day settlement
All he had to live on was bread and rice,
and he determined to worry along on that
for a while.
"Just at this time he was visited by an
old West Point' classmate, and he was up
against It hard. The host was up early
next morning, but too early to strike the
commissary for ' supplies, and hence his
only resort was to make up a meal of
stowed rice. He made his coffee out of
parched rice and managed to get up a
sort of a meal. When they sat down to it
the host still pleaded the excuse of the ab
sence of hla cook, and he asked hla visitor
to take some rice.
" 'I never eat rice," waa the reply.
" "Well, then, by thunder, you will have
to eat mustard on your bread, or I haven't
got another thing In the quarters and
there Isn't a mess house at the post.'
"The dilemma was finally velleved by
the officer sending over to one of the com
pany messes, where he succeeded in rals-
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Courting Death in a
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The Greatest Story of Automobile Racing Ever Written. BJj
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