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.
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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.