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Omaha daily bee. (Omaha [Neb.]) 187?-1922, May 15, 1913, Daily Sport Extra, Image 14

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Judge Baker Says Public Must Seek
Its Own Redress.
ST He Cnn See' Nothing to lit
Gained nt Thin Time by Inatl
tntlnir Court rroccertlnB
on tlrlrrnncfi.
Water rates hlKhcr than the law al
low and In direct violation of a, resolu
tion establishing a maximum charge of
S5 cent per 1.000 gallons, are 'toeing; col
lected by tho Omaha Wa'" ' Xrd, If a
question raised by Corp- Counsol
Ben a Baker should bo .ucd In favor
of the peoplo by the courts.
Judge Baker, reporting on a resolution
by City Commissioner Tho-naa McCJov
ern, which directed the city leiral de
partment to Institute legal proeedlngs
to test the power of tho Water board,
declares It Is not tho province of the
council, but of water consumers, to test
such power nnd determlno If the Water
board Is exceeding Its legal rights. Con
cerning extortionate rates charred by the
Water board, Judge linker Bays:
"It seems that tho Water board, by n
proper resolution before the taking over
of the water plant, ordered a material
reduction In the price or charge that
should be mada to the water consumer.
"Whether such resolution by tho board,
which at that tlmo had charge of all
matters concerning tho ratoa to bo fixed
for water consumers, would bo construed
to be an ordinance, Is an open question."
nates: Klxril ! Ordinance,
Referring to the statute, Judge Baker
cited tho provision of tho law which
gives the Wator board power to fix
rates, provided such rates am not higher
than the rates fixed by ordinance.
"Tho question Is," continued the judge,
"whether this resolution Is to all pur
poses an ordinance. The order Itself wm
earned to the courts and declared Illegal
because It conflicted with an ordinance
then In effect, which granted tho water
company power ,to charge 25 cents per
1,000 gallons. That ordinance ' went out
when the city came Into possession of the
plant- If this resolution Is an ordinance,
tho Water board cannot charge to exceed
25 .cents per 1.000 gallons for water."
Forth welfare of tho water plant Judge
Baker, In his opinion, pleads for co-operation
between the city council and the
Water board. "There in nothing to be
gained," ho says, "by embarrassing the
Water board with legal proceedings."
Meter nrlonu; to Consumer.
Judge Baker holds that water meters,
purchased by the consumer, belong to
tho consumer and cannot bo removed or
interfered with by tho Water board. The
Water board cannot, ho holds further,
fix an unreasonable price for metora.
The consumer has 'the right to go to tho
courts and, after offering the Water
board a reasonable amount for ' water
used, nsk the court to protect him from
extortion. Continuing, Judgo Baker Hays:
"It would eeem that tho Water board
la vested with the absolute power of fix
ing and regulating the wator rates, and
that the Implied power would be that
It could choose such method ns Is rea
sonable ami fair, and that the use or re
quirement of the use of meters would
not bo unjust or unfair.
' Not I'rtvntn Hpernlntlon,
"It Is our opinion that the Wtater
board cannot arbitrarily fix an unrea
sonable price for meters or for the In
stallatlon of same. It certainly Is tho
policy of the statute creating the power
to purchase and own a municipal water
plant, was and Is for tho benefit of all
the citizens and not for a private specu
Extensions, Judge Baker holds, may be
mado by tho Water board under proper
restrictions, the city council having au
thority to grant or withhold permit,
lie further holds that the Whter board
cannot arbitrarily assess property by the
foot front for paying the cost of ex
tensions. "If the Water board Is charging ex-
Th 5J Day Rout
llrsct Route to Continent
Nw Urge, fast, turbine,
quadruple and twin screw
mail steamers
From Hew York, Thursday
. Pronc-Mr 1? Jul. Jul IT. Aui'll.
i I terrain Ma ti Jul ji Aui T. Oct .
Tnc (NWw) Jn ft. Jus !. Jul 11. Aug 11
StoI June I ,tjiy X July 11. Aug 11
one class (IP, cabin steamers. Sup
erior scrvlco. Popular prices.
From Ksw York, Saturdays,
Mtora -Mr 11, June II. Sp 11, Oct 1L
Ilocbambeau ilr 31 Jul I, Aug II, 8p 10.
hlcago Jun. ii, Aug Z, Aug 10. Sept IT.
Montreal Quebec Havre
n Class (II) Cabin Steamer
rwttMt Mcaacn la Cinidlwi tnnntlintlr Mniea.
I L Tourtlne 14, Jur.
Nligara- JUIr Aug l
TVo ajuilnj oo ecb Bcuatr oi ttu llaa. Who.
to lekgrapa. wbmarlos UU dual ta mq
noacia ular appuaaco.
jataurfoe W. XotmiMki an. WV
em Agt, 139 SC. Dearborn
OMCagOi ox any wau Jaai
Aak fee ear Map ToUr at any
omoriDc7 It la aa aWMl
lag ttaa la dlitancaa.
AIM (or asr Beoaltta aa4 Bata
ShMta taay at as latarMlUg
tco la aaaparatlTe valuta.
Tk Wai'U SUfDaauxlM CaaaiUs
Smica la unit l Clg Yalaw
From Montreal A Quebec
UoUdliif taa
A tht AVarot Aptmt fir
K. Co. in AL U ion and I-uSalle St.,
Chicago, or IxkaI Aeeuls.
aTaTaTaWaaaTsaTMtyr"i -,,' "f '?e3Sk
cesslve rate, (he same would be unlaw-
ful. says JuJpe Baker, and nYvlses con
eumcrs "to tender the Water board
proper amount for water by him con
sumed, and If not accepted by tne
Water board, to proceed In court to re
quire It to furnish water at a proper
neforrlng to the Inquiry In the Mc-
Clovern resolution concerning the duty of
the Water board to report regularly to
the city council Its state of finances and
other operations. Judge Baker says:
To Report to Council.
"The council nas the right to require.
and It Is the duty of the water board to
make, report of Its doings to the council."
Concluding, Judge Baker says:
In our opinion we cannot ec anything
to be gained at this time by Instituting
proceedings In the courts upon any of
the grievance; referred to In the resolu
tion. Primarily because the city council,
as such, cannot maintain a suit on the
several grievances as hereinbefore stated,
and such a proceeding might tend to em
barrass the Water board In Its work."
This opinion wan concurred In by the
other three members of the city legal de
partment. Speaking of the opinion Judge1
Baker said:
Cnnanmer Mnat Seek nedreaa.
"We have not receded from any posi
tion we have taken. We believe the coun
cil as such cannot correct the grievances
of private consumer, but that the right
to obtain redress lies with tho consumer.
We do not care to harass the Water
Board. If the Water board Is treating
tho consumers In a manner unfair and
unjust the onsumcr has a right to go
Into court and ask for a proper remedy."
City Commissioner McQovern said It
was not possible In many case for a.
consumer to go to the expense of ex
tended litigation to force the Water
board to treat him justly and that the
city water plant being owned by the city,
from a common aense point, he thought
the city ought to see that the Water
board doe not practice extortion In the
nam of the city.
Special Grand Jury
May Be Called to
"Doctors' " Case
A, special federal grand Jury may be
called to Investigate the charge against
"Doctor" 55. T. Wlttman and wife and
Doctor" E. D. Brantley, the throe al
leged cure-all takers who were arrested
by the government Monday afternoon.
Wlttman and his wife will give bond
at Colorado Springs, where they were ar
rested, for their appearance In Omaha,
Brantley is fighting his case at Memphis,
where he was arrested. Ill case will
come up for hearing May 21.
At present there are about seven cases,
Including tho one against the alleged doc
tor, which, unless a special grand jury
were called, would have to wait until
the October term of court. But since
the arrest of the fake doctor the federal
authorities have about decided to h61d
a special session.
Tho three "doctors" are charged with
using the malls to defraud. In that they
inserted misleading advertising In new
paper, which were ent through the
government malls. When the case la
brought up for hearing before the fed
eral grand Jury the advertisement run
by the newspapers will be used a evl
denco, and the advertising manager of
the various Omaha newspaper will
probably be put on the stand also.
In addition to thla about fifteen wit
nessoa, who were duped by the alleged
doctors, will also be put on the stand.
The penalty for thla crime Is five years
imprisonment or a fine, or both.
Members of the Real
Estate Exchange
Heady to Offer Help
President Hastings of the Real Estate
exchange will tender the service oi that
body to the Board of County Commis
sioner In handUng the 1350,000 If the bond
issue ror tne relief of tornado victim I
passed. The exchange members voiced
their sentiments a opposed to salaried
officers to dispense or handle tha fund.
Members agreed that their services would
uo lenaerra ana that no fees would ba
asked If the bond Issue carries and the
county commissioner need assistance In
the handling of the funds.
At the next meeting of the exchanaa
the question of taxing the property ownr
for paving, which has been laid for the
second or third time or more, will b
discussed. W. H. Green, who owns prop
erty in West Leavenworth street, told
the body that the third paving of that
street nas amounted almost to a confisca
tion of the property. It Is taxed 15 a
foqt, he says, and three time that adds
1S to the price of a front foot, an amount
wnicn cannot be returned to the property
owner when he trie to sell.
The exchange will discus the- question
that an agreement way be reached and
tho opinion of the organisation given as
a suggestion to the charter convention
for Incorporation Into the new charter,
Following the meeting the flxehAnffK
member were the guests of Harry Wolf
on a tour of Inspection through the new
Carlton hotel, Fifteenth and Howard
Wolfe to Ask for
Smoke Inspeotor
R. U. Wolfe, cltr boiler Inspector, will
meet with a "smoke commission" to be t
appointed from the Commercial club to
Plan a campaign against the smoke ev.1. I
He ha written a letter to Charle
Harding, who I Interested in the scheme t
to rid the city of the smoke nuisance, and I
togemer tney win consider the advls
ability of asking tho city to create the
office of smoke Inspector.
Wolfe says ts Moines" smoke Inspector
crea deal nf rrw i . .,, .,,,-
.7 a a clty' " lf ay
" or me smoKe nuts-
' ances are: Faulta in construction of
( furnaces, one or more of the nrlnclDl"
of smokeless combustion having been dis
carded: insufficient draft, due to low
stack, poorly designed breaching, air
leaks; overloaded boilers, Insufficient air
space in grate, Insufficient air supply in
boiler room, carelessness of operation.
"Beginning June 1 we will strictly en
force the antl-imoke ordinance," said
Inspector Wolf. "Believing the smoke
nuisance can be abated we will file
charge against offender and prosecute
them to the full extent of the law. We
have gathered evidence and If the of
fenders do not reform this evidence Is
sufficient to convict."
A Horrible Drath
may result from diseased lungs. Cure
coughs and wtk, sore lung with Dr.
King's New Discovery. SOo and fl. For
sals by Beaton Drug Co.Advertlaaraent.
. The public have been educated along nearly every
line of thought but did it ever strike you as peculiar that cigar
manufacturers either don't care to, or are afraid to tell the
public the inside facts about the cigars they make about all you
ever get is "display" signs with "catch lines" that don't catch.
We have one cigar we are proud of built to please men who
really want a high grade, mild Havana smoke and we will try by actual photo
graphs and explanations, couched in language so every smoker can under,
stand, to tell exactly how and why.
are combined
Actual photo of filler of a
Lawrence Barrett which is selected
from Cuban Leaf grown in Santa Clara
Province, Cuba, and is noted for its de
lightful mild aroma.
Lawrence Barretts are made in sev
eral shapes-hut if you want a good full smoke,
we suggest you try the O. K. Perfect shape at '10c
straight At all first class dealers ask for a fresh one..
Council Bluffs and Omaha.
facts and illustrations.
Superintendent to
Censor High School
Monthly Publication
In th tuturo the business manager of
tha High School Register will be com
pelled to submit all contract for adver
tlalnr to the superintendent of Instruc
tion, for hla approval. It Is thought by
tho school that tht Is an Indirect way by
which the board Intend to prohibit the
publication of a "wild-cat" paper, which
has been rumored to have been organ
ised, I3y preventing the paper getting
any advertisements, they would virtually
stamp it out. since the nieces of the
paper depends mostly upon the advcrtls.
A second edict of the board which has
long been cvpected Is that In view of the
fact that no aupervlslon of social func
tion U undertakes by school authoiitle,
Lawrence Barretts
from tobaccos to satisfy the smoker who
The Lawrence Barrett Filler
-In later issues we will publish
that hereafter the school name shall not
be used to characterize social functions
given by students or others. That the
various parties, dances and entertain
ments, which are given outsldn of school
supervision or control, shall not be called
school functions, since they are not such
In fact.
Commercial Agent Carper, commercial
agent at Memphis. Tenn . of the Ne,w
Orleans. Mobile & Chicago railroad, who
Is In the city looking after the move
ment of grain and other commodities to
the south, declares that the Mississippi
liver valley la entirely out from under
the floods and tharxthe high water has
been beneficial U 'the country inun
dated. Mr Carper says that the flood brought
down from one to three inches of silt
and that since thla ha dried farmers
Big Return
A Very
Actual photo of
the finest imported
Sumatra grown,
used exclusively
as wrappers on
Lawrence Barretts.
If you will remove
this wrapper you
will find it is abso
lutely tasteless
therefore, it is used
only to dress and
finish the cigar
with the result that you
can enjoy unmoles
ted the full benefit of
the delightful, mild
aroma of the fine Santa
Clara filler and you
actually have a Real
Mild Havana Cigar.
other interesting
have discovered that It 1 one of the
best of fertilisers. Lainda along the
river that have been cast aside as worn
out, since the high water subsided, have
planted to cotton and corn and give
promise of yielding an abundant crop this
The fight for the possession of the
trophy cup won by H. E. Fredrickson In
1910 has been carried to the state su
preme court. Through a change of con
ditions regnrdlnir Its subsequent owner
ship, the Omaha Speedway association
has bean suing for it Fredrhkson, how
ever, refuse to recognize the change and
a legal fUtht has ensued. He has woo
his case in both the Justlco and district
courts and will now be obliged to take
hi stand In a still higher tribunal.
If you are
you will find
today's want
Advertising is tne Itoad to
wants a high-grade,
The Lawrence Barrett Wrapper I
$1.60 t0 S1Q.0O
looking fox a house to rent, or a house to buy,
just what you want in tho real estate colmuns of
Want Ad Section. Look and you shall see.

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