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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 1, 1903)
tut: omaita daily jt.t,i Wednesday, ArnrL 1, 1003. ENJOINS THE CITY COtXUL Judge Dickinson Holds tLtt City Cannot Contract Hb an Official GIVES POWER CANAL EFFECTUAL SETBACK Court Intimates that Ordinance Passed First and Second llradlna; I.ast Tncsdar Would Fait for flame Reason. 'M W '-IB waj-ysyr ZrA'J.T. '-KiiU.,.1 U.MJBl ' "V P In Olftrlrt court jrempnUj Judge Dick inson held that If the city council hould urant Andrew rtor water city en gineer, fcls doMrpd electric power franchise It would be a violation of that provision of law which forbMs a city to enter Into con tract with a city official and he (the court) therefore temporarily enjoined the council from panning ordinance 3247, as prayed ftr by the Thomson-Houston company through Stephen Rice, a freeholder In the employ of that corporation. After the decision was announced City Attorney Connell axked If, In the event of Engineer Rosewater Immediately resigning tils ofllce, the Injunction order would pre sent the city council passing the second franchise ordinance Introduced for Rose water last Tuesday night and now passed only Its second reading. Tho court replied that the order would be written to apply only to the original or dinance, which was the only one before the court, but Intimated that In the view of tho court Rosewater, If he should resign, should not properly seek a franchise by an ordinance which had Its Inception and was put through Its Initial steps while he was till In office. "It would hardly be right," the court remarked, "for him to resign one minute and be granted the next minute a franchise, the ordinance providing for which had been advanced through Its vari ous stages while he was still in office." Makes Second Ordinance Inrrrtaln. In the opinion of City Attorney Connell this ruling and subsequent remark not only prevent the passage of the original ordi nance, but probably make the destiny of the second two uncertain to warrant further efforts in Its behalf. Though he has not yet had time to go over the matter fully, tha city attorney now fears that there Is so way out of the difficulty except a special election entailing an expense of from $8,000 to 110,000, ra It is sot thought that a new ordinance could be Introduced, advertised the necessary two weeks, passed and be properly submitted to the people by the date of tha regular election, even If Engi neer Rosewater should resign today. In making his ruling yesterday Judge IMckrnson stated that he was passing upon the question entirely upon the record pro duced in court "without regard to outside jnatters;" that under-the decision In tho Moores' case, in his opinion the plaintiff bad a right to Institute proceedings to pre vent tho council's doing something It pro posed to do, but that whether or not the Injunction was granted lay in the dis cretion of the court; that as for the prop osition that the council should be enjoined from passing the ordinance because amend ments Introduced were not advertised, he -would bold that the original ordinance without such amendments could bo passed; but that on the showing that Andrew Rose water Is as much an officer of the city as a councilman is, and the granting of a franchise to hlrr would involve as close a contract as could exist between two In dividuals, the court would have to grant a temporary Injunction forbidding; the council to pass ordinance 8247. Tho city attorney, asked that the In demnity bond required of the plaintiffs In the suit be made IS, 000 or more, but the court fixed It at $1,000. City Engineer Talks. City Engineer Andrew Rosewater was not dlxposed yesterday to comment at any length upon the Dickinson Injunction. It was apparent v'uat he is greatly dis appointed, but not hopeless. According to City Attorney Connell the' question Is flatly up to the city engineer as to whether be will resign and take his chances In se curing the passage of a new ordinance. But, aa the city attorney pointed out, there la no assurance that the council will pass the ordinance, even though the engineer does relinquish his position. "I have not decided what my next step will be," said Mr. Rosewater. "The ques tion is vital and I want to act with all deliberation and care. Concerning the in junction, I want to state merely that It is an Injunction agstsst the people the source ct all the power that courts, legislatures or councils possess. The people are pre vented from nxercUlDK tbetr judgment upon a vital question. "Aa to my position having a possible in fluence over the city council, all I want to Bay la that all the Influence I have with the council has not succeeded after six months In getting this body to pass the ordinance. . As to Damiit to City. "The theory of the plaintiffs action Is that If I obtain the franchise it will damage the public, and on this pretext I am put off. I would ask how I am to damage the public br charging 81 per cent less for lighting and 100 per cent less for power than Is now exacted; paying I per cent royalty on an the business done and bringing $3,000,000 capital Into this territory to develop this llty? "I would be willing to resign as city en Ineer to go before the people and ask them for this franchise. But according to the decision any Ordinance Introduced while I am city engineer Is no good. A new ordi nance will require at least two weeks' time before It can be finally passed, and I am afraid the time Is too short to get It before the people at the spring election, provided new ordinance received the most favorable action at the hands of the council. It would fcave to be Introduced at tonight's meeting, and Councilman' Lobeck. one of my support- rrs, can hardly be present, aB his mother has Just died. A special election will cost thousands of dollars, which I would In all probability be called upon to pay." MANY AFTER OESfs PLACE Several I'atrlots Amloai to Become superintendent of the County I'uor Farm. Though the resignation of Superintendent J. Henry Oest of the county hospital was cot acted upon by the Board of County Commissioners at1 Monday's meeting, but .merely referred to committee of the Whole, applicants for the place, which will not be vacant until May 1, are putting In ap pearance. One commissioner bas received five applications during the past two days, but decline I to give names. H. H. Jones, traveling sixlesaan, and City Inspector Llnde, resident at Z120 Ames avenue, are known to be among the ambitious, and it Is understood, also, that others who are after the position are Thomas McCleneghan, a deputy county Jailor; W. H. Olmstead. who was superintendent at the poor fa'm rrlor to Dan Cannon, whom Oest suc ceeded, and also former Commissioner Thomas Hoctor. now on the county pay roll as asHlstant "udltor. That Commissioner Connolly, aspirant for nomination as mayor. Is not sleeping Is imply shown by the announcement that the board, which usually meets Saturdays, Will not meet again until Monday, April IS, or four days after the democratic prim aries. Vntll then, of course, Connolly plana to command tha support of all who aat Otit'i lob - sea- JLivf fo&Mme The event of the son in the retail center of Omaha A gorgeous display of all the new styles, many noted designers being represented. Unre servedly we state that it will be the most author itative as well as extensive style-show that will be held in Omaha this season. Our past success has inspired us to reach the highest possible results. Grand as all bur openings in the past have been, none can be compared with this one, and we ask you to ac cept this as a personal invitation to attend Wednesday and Thursday, April 1st and 2nd. ouTenirs - lBqlo"W"ex:p3 A MOST ELABORATE DISPLAY of all that is chic and stunning in Ladies' Head wear. The creations pf the world's artists in Mil linery await your inspection in our new, enlarged, bright and airy Millinery Departments.' Hundreds of Original Pattern Hats and hun dreds more of our own creation, together with all the dashing designs of tbi season in Walking Hats forming in all a' magnificent display of the milli ner's art. Our prices will please you. Dress and Walking Skirts TTNQUESTIONABLY the most extensive ami beautiful display of dress and walking suits ever made in OmaJia and at prices so attractive that to look means to buy. We have never before shown so complete and comprehensive assort ments of stylish, perfectly made suits as we are displaying at this time. We shall be pleased to show these beautiful garments to you. To ladies appreciating a combination of ex cellence of quality with style and workmanship our waist" department , will prove very interest ing. Our desire is to cater to every woman in Omaha. We have made arrangements with the best Eastern shirt waist houses for the sale of their makes in this city, thus giving our custom ers exclusive designs. We are ready to give yoa a few price surprises, and you will find here the qualities and 'assortments to suit' you 200 specials in dress and walking skirts made of Etamines, . Voiles, ; cheviots, Tweed and Novelty cloths, at $ 12.50. ' ....... , 500 all silk crepe de chine waists colors, blue, pink, white and black, beautifully trimmed in leaf design, yoke and sleeves Bhirred. These handsome waists during our opening will be sold at f 6.00 each. Silk shirt waist suits perfect beauties, just received, very hand- ' somely made, will be sold as a special offering during our opening at $18.00 a suit. " Music Afternoon and Evening Souvenirs Gorgeous Display Music Afternoon and Evening Souvenirs , ... Gorgeous ..: . . .. I . 'JpHE Greatest exposition of furni ture ever shown in Omaha. Our stock includes goods for all tastes and all purses. You will be well repaid by looking through, even if you do not intend to buy. Every thing for the parlor, bedroom, dining room and kitchen all styles, all grades, HHlgilll iTifig BE Sure and visit our display of Queens ware, Nothing so appeals to a woman as beautiful china. We have put forth every effort toward making this a model crockery store. French china, German china, Austrian china, English semi-porcelain, and a big assort ment of domestic goods. All styles and grades of lamps, and a vast assortment of silverware. We feel sure you will like this department. PADNAM STREETS, OMAHA, rUOfLH-a fr'l HftlTl KU AND I AHHET COMPASY. -- . .-. . . ir .r. : . 3 TATE are very proud of our Carpet 'and Drapery Departments. We ; show here everything desirable in floor Coverings and Draperies. An endless assortment of . Mo quettes, , Axminsters, Velvets, Wiltons, Brus sels and Ingrains. An Extraordinary line of room size rugs. Our Drapery department includes all the Spring Novelties in Lace Curtains, Tapestry Curtains, Rope Portiers, etc. Be sure and visit these departments.