OMAITA, SUNDAY MORNING, AUGUST 17. 1913.
6 A
TOPICS FOR A BAY OF REST
Her. J. F. Yoilng o Carthage, HI., to
Speak at Weitminster Church.
TO GIVE MUSICAL PBOQRAM
Diets Memorial Chnrch to Have
Vocal and. Instrumental Solon
at the Snntlitr Evening:
Herrlcr.
IXsr. J. F. Youn. D. D., of Carthage,
HI., will spend Sunday in Omaha and
will trevjh at Westminster Vresbyterlsn
thurch In tho momlntc at 11 o'clock. Dr.
Young cornea temporarily, but Inasmuch
as the church Is urUnout a'rcgular pan
tor. It la thought by om that he may
later be contldtretl for that office. Dur
ing tho last four years he haa been pss
tor of a very Strom? rrtsbyterlan church
at Carthage. He comes to Omaha with
splendid recommendations, both as to
speaking ability and as an organlwr of
church work.
In the evening at 7 JS o'clock Dr. Young
will address the young people at an open
air meeting on tho church lota at Thlrly
flrst and Paclflo streets, now occupied
by the young people for tennis courts.
The following musical prograrrt will be
given at tho Dletc Memorial Methodist
Episcopal church, Tenth and Plerco
streets, Sunday evening at o'clock:
Piano Solo Caprice Espmnol. Minkowski
Hyir.n
Congregation.
Prayer
Piano Solo Tragla Sonata McDowell
Violin Solo-Bormta In E minor... .8)ogren
Prof. Alvln Poole.
Vocal Solo No Nlrht There Demka
Mrs E. V. Williams.
Piano and Violin Andante from Con-
crrto Mendelssohn
Prof. Fools.
Selection
Ak-8ar-Mn Malo Quartet
Piano Polka Da' Concert.... TJarttett
Piano and Vlol!nAdoratlon....l)orowskl
Prof. Poole.
Vocal Duet-1'm Nearer my Home....
- Lewis
Mr. and Mrs. B. V. Williams..
Piano and VJolln-Carmen Fantasia...
- Farmr
, ., ' Prof. Toole.
Selection ,,
, Ak-Sar-llort Malo Quartet
Closing Hymn
Congregation.
Itnntlnt,
Calvary Branch, Thlrtv.fotirth an Sew-ard-Blblf
school at 8:S0; Harry Car-an-ter.
superintendent. Junior Industrial
school Thursday at I:5X
a "amr and Park Avenue, Ilev.
S" w, Jasper Howell. PastorThe rn.tnr
will preach at 10:88. Sunday school at
noort: Rev. C. F. Ilattershelt, KU-vsMn-lendent
Evening service at 8. The Cas
tor will describe sixty treoptlcon slides!
or tho life of Christ Prayer meeting
Wednesday evening.
Calvary. Twenty-fifth and Hamilton
Rervjces at 10: and 8, conducted by Itev.
Thomas Anderson, Pihlo school at nom:
O. W, Noble, superintendent lUinilsr
Baptist Young People's union meetlnir at
7: Mrs. C. E. Uithron, lender. Heirular
devotional meeting of the church Wednes
day at 8; Itev Mr. Anderson, leader.
Immanuel. Twenty-fourth and rinkney,
Ilev. J. a Ebersole. Pastor Services at
10:30 and K nible reboot at noon. Yo'int
people's meeting at 7, Pftntor's mornln
senrson. "Who Hardened Phamh's
HeartT" Itev. E. U. Tnft will nreaoh In
the evening In exchange with the pastor".
Devotional meeting Wednesday at 8.
Graco. Tenth and Arbor, Kv, E. Tl,
Taft Minister Sunday school at IS.
Morntntr worship at it Bubiect of ser
mon, "The Guardianship of Our Words."
Baptist Young Poople'a union nt 7. Even
ing service at 8. Hrmon by Ilev. J. 8.
Rbersole. . pastor' of the Iiiimnnutl Bap
tist church. Mission Sunday school at 3,
3010 Bouth Fourth.
Ck(tta.
. First. Twenty-sixth and Hariwyj'R. D.
Hnrrnon, Pastor Mnrnlnc worship at 11;
subject of sermon, "The l,a,yr of a Hftppv
tilfe." No evening service. Bible school,
):t5 a. m. Christian Endeavor at 7 p. m.
Christian Selene.
. First St Mary's Avenue and Twenty,
fourth Sunday school at 9:U and 11.
Services at It Subject at teseon-sermon,
"Soul."
RpiseejMtl,
St Matthias', Tenth and Worthlncton.
Kav. George 8. Routhworth, Pastor Holy
communion nt 8. Sunday school at V.
Morning prayer and sermon at 11,
Church of ths Oood "hephe rd. Twentieth
and Ohio. fter. T. J. Cotton. Rictor
Morning prayer at U. No evening serv
ice and no Sunday school. The rector
will occupy the chancel next Sunday.
Church of St Philip, the Deacon,
Twenty-first near Paul, Itev. John Albert
Williams. Vlcur Thirteenth Sunday after
Trinity, Holy communion at 7(80 a. rn.
Matins nnd. Sunday school at 10. Holy
tucnsrlst with sermon at 11,
.St. Martin's, Twenty-fourth and J.
Kouth Omaha. Rev. Harold XJnwnod
Bowen. Priest Holy communion at 8.
Sunday school at 10. tloly communion and
lermon at 1L Rev. A. 8, Corbett will
tflclat at all the services.
Lutheran.
fit Matthew's Knsllsh, Nineteenth and
Cattellar, Rev. jQ, W. Snyder. Pastor-,
Bible school at 10. Bubiect "Crosnlng the
ilea." Services at a.t Subject, "An Evil
.Situation; a Great Deliverance"
Kountso Memorial. Twentv-sUth and
Farnatn, Rev. Oliver D. ICalUly. Ph. I..
D. D Paetor: Rev. Ralph Weissmlllnr,
Assistant Pastor Mornltiff worship at II.
Subject "The Two Ways' Sunday school
ai utctr , uooaman, aupennieim
ent ,.ZJon Knsllsh, MasncUa Hall. 104 Arnss
Avenue, Rev. d. W Snyder, Pastor
services at . Hubjeot "The Cruelty t
the Evil In Man." Sunday school at 3:34
The ladles" Pastor'a Aid uoolsty will
meet Thursday afternoon nt the residence
of Mrs. J. O. Beebte, 4130 North Seven
teenth. St Paul, Rev. If. T. Otto. Pastor
Services at 10 in chapel, Thirty-fourth
and Seward. Sunday school at 11 :S). At
It Kev, N. J, Bakke of Cincinnati, director
of millions, will lecture on "Negro Mis
tslons In the South" at Norwegian Luth
rren church, Twenty-elxtn and Hamilton.
The lecture htid service will be In Eng
lish. The English-speaking members of
St Paul's are Invited to attant No even
ing service. At 7: Rev. Mr. Uakke will
lecture on missions In German at Twen
tieth and Mason.
Methodist.
Trinity. Twenty-first and lllnney. Rev.
Thomas Blthell. Pastor Morning service
at 10:30. Sabbath school at 11 Vesper
cer-vlco at 6:30.
Yftilnut Hilt Fort'-flrst and Charles,
Rev William lioycrs. Pastor Public
worship and sermons by the pastor at
1030 and 8. Sunday school at It Epworth
league at 7.
McCabc. Fortieth and Farnam, Rev. W.
J!, Underwood. Pastor Sunday school at
10; li. O. Campbell, superintendent Morn
ing service at It Evening service at 8.
Epworth league at li T. E. Calvert presi
dent. Pearl Memorial, Twenty-fourth and
Itartmore, J. Franklin Haas. Minister
Mprn.ng sermon ui w.w, "uoing ana
Preachlnr" Evening, from 8 to 1:30, "A
0- eat Purpote." Sunday school at
Eoworth league at 7. Special musio for
All services.
HAnicom Park, Wool worth Avenue and
Twenty-ninth Street Rev. C. W. McCas.
kilt Pastor Preaching services at 11 and
ttti, conducted by the pastor. Sunday
school at :; classes for all. Epworth
league at 7. Midweek prayer service
Wednesday evening at 8.
DleU Memorial. Tenth and Pierce, Rev,
C N. Dawson, Minister Sunday school,
1 -.SO. Preaching. 10:iS; "Church Growth.''
Epworth league. 7jS0. Concert 8; Prof.
Alvln Poole. Fourth quarterly conference.
Tuesday at 8. Prayer meeting Wednes
day at 8.
Norwegian and Danish. North Twenty
fifth and Decatur, Rev. R. P. Peter
tr.n. Pastor Morning service In the
burch at 11 o'clock; preaching by
the pastor. Suoday school at :. The
younz people's meeting and evening Mrr
n Ice wilt be held lu the Tabemacla,
North Twecty-eveath avenue and take
treet T a ad 8. tast service there.
First Twentieth and Davenport, Rev.
il. B. VfUMams, Minister Sunday school
at f.U. Public worship at 11; sermon br
ha iBlolst$r "The Inside of the Cup,"
Winston Churchill's latest novel, which
discusses the problem of tho church In
me modern world, and wnicn is oeina
widely read and reviewed at present. Hp
worth league at 7. Public worship at 8;
song sermon by the minister. "The Prodi
gal Son." Four solos and two duets will
be sung In the course of the service. A
cool church on Sunday evenings. Prayer
meeting, conducted by the minister,
Wednesday evening at 8.
Presbyterian,
First Corner Seventeenth and Dodge
Preaching at 10-30 by Rev. William 11.
Ijampe, who has Just accepted n. call to
one of the leading churches In Kansas.
Falrvlew, Fortieth Ave. and Pratt St.
Charles H. Fleming. Pastor-Bible school
at 1:15. Afternoon worship at 3, Subject
"Why Jesus Expects Us to Believe."
Midweek service Thursday evening at 8.
Leader, Mrs. Parry.
Cattellar Street.C. C. Meek, Minister
Morning service, 10:30. Rev. A. J. Mc
Clung of Benson, will preach. No even
ins: Srvlcf. Rahhath sohnnl at It nnnn.
Christian Endeavor, :45. Prayer meet
lr.g, Wednesday, at 8.
Uwe Avenue, Corner Fortieth and
Nicholas, Rev. Nathaniel McOlffln, D. D..
Pastor Morning service at 11. Sunday
school at 10. Christian Endeavor at .U
p. in. No evening service. Prayer meeting,
Wednesday evening at 8 o'clock.
Benson. . R. J. McClung, Pastor Sun
day school nt 10. Morning worship at 11.
Rev. c. C. Meek of the Castellar church
will occupy the pulpit. Christian En
deavor at 7. Union servlco with the
Methodist church at 8. Rv. Mr. Mc
Clung presiding. Midweek servlco
Wednesday evening at 8.
.North Twenty-fourth and Wirt Rev.
M. V. Hlgbee, D. P., l'astor-Morntng
service at 10:9). Sermon by Rev. J. II.
Clyde, a former pastor of Plymouth
Congregational church. No ovenln
Service. 8undnv achnnl at noon. Vnnnp
People's Society of Christian Endeavor
nt 1. Wednesday evening prayer meet
ing at 8.
The Church of the Cnvrnant. Twantv.
Seventh nnd Pratt. II Vlnmlnir.
Pastor Morning worship At 10:30. Bub-
wji. -was ine Apostle paui intoicrantr'
slblA chnnl at riiwm. KnrtMVnr nt
leader. Miss Ixiy. Evening worship nt
8. Subject. "Why Jesus Kxneois Us to
Bellcvo." Midweek sarvlra Wn4nsdsv
evening at 8. Leader, Mr. Glrardet,
Westmlnstar. Twnntv.NIInth ana Munn
-Sabbath school at 1:B. The retfalnr
inornlna service at 10:30. nt which Rev.
J. lit Young. D. D., of Carthage, ill.,
will preach. The regular meeting of thp
young people's society will b conducted
on the church tennis courts at Thirty-
first and Paclflo at 7;U. Rov. Mr
Young, will make the address fct this
open-air service,
Mlacellaneons,
Peopla's. 515 North Eighteenth, Rev.
Charles W, Savldge, Pastor-Ssrvlce in
the morning at 11 a. m.i subject, "Are the
Family Bibles In Omaha Becoming
Junk?" No evening service on account of
heat
Internatlonnl Bible Students Assocla.
pen. Third Floor Barlght'a Hall, Nine
teenth and 'Farnam Sunday at 3. Sub
ject Hebrews. U:82-J, "But ye art) como
unto Mount Zlon and unto the city of the
living God; the heavenly Jerusalem and
to an Innumerable company of angels'
to the general assembly and church ol
the first born, which are written in
heaven, and .to God. tho Judge of ail,
and to tho spirits of Just men made per
fect" C. W. Farwell will be the speaker
SKIPPER'S FIGHT WITH SHARK
A al!, w lleadloa Dive, Jack
knife anA Threp Carved
afaneaUera.
BRIEF CITY NEWS
SsreopBsgTM.
JUghttng rtstaret. Burfsss-Oranosn Co.
Kara t rUt Xt Now Beacon rrasi,
tTldellty Btoraffs Vaa Doug. Ult
Uned Xor MlstreaUng Horse Noal
Quackenberg, a teamster living at 3o
North Thirteenth street, was fined IIS
and cosU In lolice court for leaving his
horse stand three hours In the hot sun.
XAwn Social Wednesday Svsnlag-
The Unlvcreal club of the Holy Angels
church will give a lawn socisi weanes
day evening at the home of Mike Sulll- j
van, Twenty. third and Larlmore avenue.
, Xeeps M Shirt Vern Mitchell, 1817
Izard street was caught with tho goods
when he was arrested wearing a shirt
stolen from a local laundry. He was
sentenced to thirty days, but was allowed
to keep the shirt.
teals Shoes from a Sleeping Trlsnd
Frank Stewart, living at a Thlnl ward
lodging house, was sentenced to thirty
days In the county Jal for stealing a
pair of new shoes from a companion,
Robert Balance, whllo tho latter was
sleeping. BteWart was arrested whlto
trying to sell the footwear.
Clab to Inspect Bakery One of the
first home trade excursions for the Com
mercial club members In the fall will
probably be the trip through tlie new '
Snow White bakery, being completed by I
the Iten Biscuit company. The Invitation 1
to visit the plant has been extended to
the club.
Xy to Tellgh is Stars A wooden key
threo feet long that was presented to the
Commercial club members by Nellgh on
the day the Omahans attended the Ne
llgh races. Is now hung In the Commercial
club lobby. On the side of the great key
are printed the words: "From Nellgh
Commercial Club to Omaha and South
Omaha, August 7, 1313."
Workman 8na r&ektra John Korlnek,
employed by Morris ft Co., South Omaha
packers. In wrecking ths building gutted
by fire July 7, has sued tho company In
district court for 850,000 damages for In
juries alleged to have been received when
htavy timbers were allowed to fall on
blm. lie alleges that bn July 12 he wan
caused to suffer a fall of twonty feet
and was seriously Injured.
The Panama liner Advance, from
Colon, was lucky to end her voyage at
New York with her veteran and popular
skipper, Captain James J. Clarke, on the
bridgo. It the exciting talo of man-eat
ing sharks, as told on the arrival of the
liner, Is true.
It was a week ago last Friday that tho
Port Ltraon shark colony camped on the
BONOS FOR MARITAL BLISS
Scheme of Parental Insurance Con
slderrd n MlKhtr Good
Thlngr.
trail of Captain Clarke, The skipper wom
Kotos' ashore In a fnU rowboat when , young folk who are about to essay matrt
It an experiment made by two fam
ilies living near Rochester, Minn., suc
ceeds a way will have been discovered
to make money a means of wedded
bl)s and thus to give the lie to those
old-fashioned folk who Insist that It
has nothing to do with marital happiness.
The new scheme consists of the parents
of the bride giving to the groom a bond
that his bride will make a model wife,
will not gossip nor run around with other
men and will cook to her husband's sat
isfaction, while the parents of tho groom
will give a bond in equal amount to the
bride to Insure her against her husband
loafing, drinking, gambling, playing pool
or dancing or philandering with other
women.
This was the plan tried by the fathers
of Casslus Bart and Elizabeth Blodl,
there came up one of those sudden squalls
ao common In those waters, and the
next thing Captain Clarke knew his boat
H cat4st4 arid he was In the.water
jvltH the "feWC'sfcarka he)4ng about all
ereuftd."-
The aKora vh , mil away, and the
skipper reaMse that It Woa golmf to be'
a eaiue to tno aeatn. -roe amy weapon
ha bad was a lon-bIad4 pocketknlfe,
and the only place of refuge was the
bottom of the upturned boat
"When tho squall got me and tumbled
me Into tho water,' said Captain Clarke,
"the first thing I thought of was sharks.
I knew the waters of Port Limon were
full of them, and you csn be assured
that I had not long to watt for the
very first object I sighted was a big,
gray-bellied fellow headed straight for
me. Behind him trailed a tew moro, and
I knew it was up to me to iret busy, as
they kay In New York. 1 got busy, alt
right
"I only had a Jackkntfe, and, taking It
out ot the water-soaked pocket ot my
trousers, t opened It and braced myself
for the battle that was ahead. I had
caught hold ot the bottom of tho up
turned board, and clung with one hand
to it while with the other hand ?
clutched the kntfe."
Tho skipper thin told how the rirst
ot the man-eaters came up, and how with
a swing of his starboard arm he landed
the blade ot the knife In a part ot the
shark's bedy where it did the most good, I
co far as the safety ot the skipper was I
Concerned. The cabtaln WM weighted
down with his clothes, but being a crack
swimmer he had no trouble In keeping
afloat with the support the upturned boat
afforded. In & tow seconds another
shark came up, and once more the skip
per's starboard arm described a wide
circle, and a second shark sought deeper
waters.
"The third shark, and It seemed to rae
the biggest ot the lot," continued Cap
tain Clarke, "was almont upon me be
fore I caught sight ot him. He was about
the most ivlclous-looklng thing I ever
saw, and I knew ths moment I looked
Into his black, oqulnty eyes that I had
a fight on hand that was going to be
a hummer.
"This old fellow was maneuvering; for
position. 1 could see that and my chance
lay in getting him before he was ready
to mako his final dash for me. So, In
stead of giving him a chanco to come at
mo I went for him In a headlong dive
with my k'nlfe straight ut In front By
a stroko ot good luck. I finished him,
and he sank with a deer Bash, and that
was the last ot him, so tar as. I was.
concerned."
By the time the skipper had fintshod
with the third shark the first two he
had fought were dead, and the other
sharks were swarming around the bodies.
It was those dead fish that probably saved
the captain's life, and while the unin
jured sharks fought over the bodice ot
the dead onea the skipper struck out for
shore. On his way an IndUn in a native'
boat sighted him strullng In the water,
and going alongside, pulled him Into the
boat That ended the adventure of Port
IJmoo Bay, and tu hours later the
skipper was on the bridge of the Ad
vance, and tho liner wu headed for New
York. New York Times.
monyv. The elder Bart pledged a form,
valued at 8709, as his bond, while the
bride's father deposited a cosh bond ot
In short Vhls plan is parental Insurance
.-I A . LJ-, I ..-11-1... j i . , ..
nstuuai vrMuiuu iiiiviiutijr cuiu it louns lino j
a decidedly good thing. It It becomes
popular we may expect a new kind of i
Insurance company, which, for a reason
able premium, will insure domestic bliss,
Chicago Inter-Ocean.
. The Persistent and Judicious Use of
Newspaper Advertising is tho Road to I
Business Success.
DitBcnaFBAiUE?
Sanatorium!
This lnitltutlon is the only one
in tho central west with separata
buildings situated la their own
ample- grounds, yet entirely dis
tinct, and rendering it possible to
clUalfy cases. The ona building
being fitted for and devoted to the
treatment ot non-contagious and
noa-montal UiMasee, no otheni be
ing admitted; the othor Rea.t Cot
tage being designed tor and dn
voted la the exclusive treatment
of select mental cases requiring
tor a time watchful care and pe
dal nursing.
7
Muffled Knocks.
"Bobby, you mustn's put your sticky
lingers on Mrs. KawUra nice dress; it's
the only silk dress she haa"
"No. Mr. Smyjer. I haven't the sllghest
objection to your smoking In my bouse:
let me offer you a good cigar."
"Old scout you always pitch a good
game of boll-except when I'm betting
on you.
"You live In Outsomehurst do you, Mr.
Blubblps? Has that suburb a respectable
residence sectlonf
"You show good literal? judgement Mr
Leo; your're always sttallng my stuff."
"Won't you 1st your little boy come to
our Sunday school, Mra. JordleT It
can'C make him any worse, and It -nay
do him much good. "Chicago Tribune,
Interest
Guaranteed
And a Sharo of the
Profits Besides,
will bo paid in cash tjo
stockholders of Bankers
Realty Investment Com
pany, This dividend is
payablo somi-ann.ually,
Jan. 1st and July 1st of
each year.
The security behind this
company is high grado real
estate which assures stook
holdors of absolute safety.
For full information, call
on or address Jno. J. Gil
Ian, General Manager.
South Omaha Branch Offico
Rankers Realty
Investment (Y
512 N. 24th St.
Telephone South 1161.
No. 33
For Lower Gas Rates at Once Vote "Yes"
Will You Be Stampeded?
There is No Reasonable Doubt or Question as to the
City's Power to Regulate Gas Rates Under the Rate
Reduction Franchise to Be Voted on Next Tuesday.
This is Admitted by the Gas Company Over the
Signature of Its Pres.dent. Read the Legal Opinions
Below
Oir campaign has been sincere, decent
and truthful. We have aimed our argu
ments, at your brain; not at the prejudices
from which none of us are free.
We have carefully explained why the
proposed franchise is necessary for us to
obtain upwards of $1,000,000 new capital
necessary for enlargements and extensions
to s ;rvc adequately the entire community
with gas during the next five years.
We have illustrated the saving of more
than $700,000 to gas consumers during the
next 5 13 years alone, due to the imme
diate reduction of gas to $1.00.
The objectors are now using the most
desperate efforts to make you believe that
the proposed franchise does not give the
city the power of regulation over future
rates.
This charge is baseless. Below you
will find dependable legal opinions over
the signatures of the first assistant city at
torney, and a law firm of the highest
standing regularly retained by the World
Herald; also the signed concurrence of the
President of the Omaha Gas Gompany in
their declaration of the legal right of the
city tm regulate gas rates under the pro
posed franchise
No charge is too distorted or monstrous
for the rate-reduction franchise objectors
to scream into your ears the last few
days before the election.
From whom do these charges come?,
First From a single newspaper out of
all those published in Omaha a newspa
per which has a fixed policy of attacking
public service companies, ALWAYS.
Second From a small group of real
estate dealers who have compelled you to
pay higher gas rates than necessary by im
posing (he heaviest tax, on gas in the
United States, r
Third -From a few politicians and ex
politicians. Tnese interests and men apparently, do
not want the gas controversy settled fairly.
They evidently do not want it settled
at all.
The Omaha Gas Gompany fiye weeks
ago began an earnest effort to have the pro
posed franchise studied carefully by the
people and passed on without prejudice
and upn its merits.
We had 30,000 copies of the franchise
printed and distributed to citizens, and un
dertook an economically handled news
paper advertising campaign to present the
FACTS to you.
No Question as to Power of City to Regulate Gas Rates
Left. Opinion ij S out, Rose and Wells
"Omhha, Aug. 14. To the Editor ot the World-Herald:
Dear Sir Wo have carefully examined the pending Omaha gas
franchise ordinance, and In answer to your request for our opin
ion as to whether It ( 1 ) contracts for or otherwise establishes
the rate of one dollar per thousand feet for any period of time
or (2) surrenders the city's right In exorcise of tho pol'ce
power conferred by tho charter to regulato gas rates, we have
to advise:
"First Section two of tho ordinance provides that the price
'shall ' never' execod one dollar for one thousand test of g .s
furnlohed and supplied.' This provision Is merely a limitation
of thp maximum rate. There is no agreement upon that raie
or any restriction upon the right of tho city to insist upon a
lower rate at any time on or after the approval of tho ordi
nance. It leaves tho determination of what is the proper and
Just rate absolutely open, subject to the condition that It must
not exceed one dollar.
"Second This Bectlon of the ordinance contemplates that
rates, within the maximum ot one dollar, 'shall be fixed and
determined from time to time for periods not longer than ten
years each by contracts between the city nnd the grantee.' Tho
necessary and unavoidable Incident of this, provision Is, within
the maximum limitation, to leave the subject matter of tho ap
propriate rate to be charged entirely open and unletermlnel.
We are of the opinion that the clause providing for an agree
ment between the city and the gas company upon the ra o for
some specific period, not exceeding ten years, does not operate
as a surrender by tho city ot Its power to fix and control rates.
It obviously requires some action by tho city In order to estab
lish a gas rate, and that the contemplated contract rate shall
be dictated or at least concurred in by the city. Doubtless the
presence of this provision Is a recognition ot a popular notion
that the better course in tleallHg with rates Is to negotiate ad
agreo hboh rate that will be put 1k force at once, and give
tho patrons Immediate relief, Instead of sujcctlng the city to
burdensome litigation, during which tho lower rate arbitrarily
adopted would bo suspended by injunction. But there Is bo
surrender of the power granted by the city charter to fegulate
rates by ordinance. If the company refuses to agree w'th the
city upon a fair rate the city charter Js ample authority for fix
ing the rate by ordinance.
"The rule always applied in interpreting gran's of this char
acter is to construe them In the Interests ot the public, and to
hold that the public retains all of Its powers and rights that
are not in express terms surrendered. Tbore is in this ordi
nance no surrender ot the power ot the city to regulate rates.
The ordinance does not of Itself fix or es ablish any rate. It
Is clear that only n definitely fixed franchise rnto could sns-
pend the city's police power to fix reasonable rates. It Is well
settled In numerous cases that ono city admln'stra ion cannot
surrender the police power of Its ucessor. and that ordinances
purporting to do so nro of no validity. There Is, therefore, in
our opinion, no doubt that tho power of tho city over the sub
ject matter of gas rates Is reserved by tho ordinance.
"Very truly. STOUT, ROSE & WELLS."
Legal Opinion by W. C. Lambert
"Omaha, Aug. 14. To the Editor of the Worl '-Herald;
, Hepllng to tho letter of William M. Oilier and similar letters
and contentions to the effect that if the cltyand.companyshould
tall to agree upou prices. In the event the proposed gas fran
chise should be approved, then tho price of $1 would prevail
for tho life of the grant. Mr. Oilier relates some experience In
gas controversies, but hardly such as to make his declaration i
ox cathedra on tho controverted point.
"Sufficient reasonB for the position taken or assumed are
not apparent. Certainly those advanced fall to convince, and
will not bear out tho claim when oxamlned.
"The proposed franchise does not and does not pretend to
fix rates and prices. At most it only undertakes to provide a
method by which prices might bo ftxe4 frou time to tl-e, not
longer than ten years for any one period. This Is unlike the
' present grant, which purports to be a franchise to use the
streets and also a contract fixing defin'te prices for the full
period of twcntyrflvo years. The rule is too well establlshoi to
need more than Its mere statement, that In order for tho city, ...
by cqntract, to fix a rato or price for 4 definite perlo j, he lo jls
laturo must have authorized such contract. The legislature
has ;not authorized tlie city, In any franchise to bo granted a
gas company, to fix rates and prices, but lias simply authorized
tho city In granting a franclilse to provide for short time con
tracts. It is therefore manifest that a maximum figure, such
as $1, being a limitation, and nothing moro would in no sonso
control or govern tlie charges which could bo mode, In tlie ab
senco of aa agreement.
"In the absence of a contract and In the absence of an Ordi
nance fixing the rate, under tho general power to fix ra es,
then tho service corporation could charge and recover
only the fair reasonable value ot the gas furnished, whether
that be $ 1, 05 cents or 90 cents, or lesser sum. No consumer
could be required to pay more. Tho only possible way for tho
company to havo a claim to recover a particular and fixed
prlco would be by a contract with tho city allowing It to charge
such price. The provision ot tho grant restricting the highest
figure which might be named in any contract to 51 could not
be resorted to to Justify a charge of that amount.
"Should the company willfully refuse to enter into a reason
able contract It Is the opinion of the writer that the city woi Id
have these remedies available, to-wit: First, forfe.t the grant,
leaving the company on the streets as a mere licensee and at
sufferance, and then under the rato making powers the city
could tlx reasonable rates and enforce them. Section two of
tho proposed grant provides that the company shall enter Into J
contract with the city. (Doubtless this means reasonable con
tracts.) Section eleven provides for forfeiture In the event
of wilful refusal or failure on tho part ot the company to
carry out the terms of the franchise binding on It. Second,
should the city bo desire, upon presentation of a reasonable
contract and a refusal upon the part of tho company to enter
into It, It could require the company in a proper proceeding to
enter into and perform such contract. The company cannot
defeat the city's rights and secure advantages to hbelf by re
fusing to carry out provisions of the grant, nor could tho city
defeat tho company's right by a similar course. Until a con
tract wbb made under the provisions ot the grant there exists
no restrictions upon the power ot the city to detrmine and fix
reasonable prices and charges, To aba. o or suspend this power
upon tho part of tho city It would be necessary for the company
to have a contract wherein tho prices were fixed.
"Whre has the city surrendered a remedy or bartered away
a power? Yours truly, W. G. LAMBERT,
"First Assistant City Attorney."
Letter of President of Gas Company
Omaha, Aug. 15 To the Editor of tho World-Herald:
Dear Sir I read In the morning issuo ot your paper the opin
ions of Messrs. Stout, Rose and Wells, and Assistant City At
torney Lambert dealing with a phaso ot the pending gas fran
chise ordinance as it affects the rights ot the city In the mat- ,
tor ot fixing the price ot gas it tho company refuses to enter
into a contract.
Attorneys Stout, Rose and Wells make th'.s statement: "If
the company refuses to agreo with the city upon a fair rate tho
city charter Is. ample authority for fixing the rate by ordi
nance." Mr, lambert eays: "Un ll a cont a:t was made u der
tho provisions of the grant there exists no restriction upon the
power of the city to determine and fix reasonable prices and
charges." .
The company itself has placed the same construction upon
the ordinance or to the rights and powor ot the city. At the
time the mayor and city commissioners made tho agreement
which resulted in tlie preparation and submission ot the pend
ing franchise ordinance, they insls od that tlie power men
tinned In the opinion of Messrs-, Stout, Rose and Wells and Mr,
Lambert remain in the city and the gns company agreed that
uch power should remain with the city.
It Is therefore only fair and proper that the Omaha Gas
company express Its approval of and assent to the opinions
upon tliU question which seems to be In dispute and express
Its acceptance of the samo as n correct statement of the law.
Yours very truly, FRANK T HAMILTON,
President, Omaha Gas Company,
OMAHA GAS COMPANY
Use Your Own Judgment Based on Facts
