Omaha daily bee., 1895-09-18
NEW BOARD GOES In
Omaha Police Force Turned Over to Broatch
Vandervoort and Foster.
SUPREME COURT DECIDES IN ITS FAVOR
Last Fire and Police Commission L aw
Declared Constitutional.
OLD LAW REPEALED BY IMPLICATION
Appointment of Churchill Russell Commits
sion Said to Be Regular.
OPINION WRITTEN BY JUSTICE POST
Full Text of the Decision which
Places tn. Omaha Police Force
Under Control of the Am ,ri-
can Protective Association.

LINCOlIN, sept. li.-topeCldl leltBTdln.J-
The supreme court this morning filed its
decision in the Omaha Fire and Police COM
mission case with the clerk of the court. It
is quite volumnous, comprising several thou
sand words, covering all of the points raised
by the attorneys and quoting many author
tiles. The decision in substance finds for the
new Bo,rd of Fire and Police Commissioners
and declares the act under which the board
was appointed constitutional.
Upon the point raised by attorneys TO the
old board that Governor F9comb did not
attend the meeting called Dy. Churchill and
Russell at the time the new board was
n named the court holds that the interests of
a state or municipality are not to be
jeopardized by the action of one party.
In conclusion the court finds that Broatch,
Vandervoort and Foster are the lawfully con-
stituted Board of Fire and Police Commits
sioners of Omaha.
The general points of the opinion, which
was written by Justice Post apd concurred
in by Chief Justice Norval and Justice Harri-
son, are brought out concisely in tie
syllabus. which IS as follows:
l. Section H. article ill.,, of the constitution on
= provides that mo law shall be amended
unless the new act contains the section or
sections so amended, and the section or seq
that the term repeal is therein employed
in the sense in which 1t was understood 900
T. It had before that time been definitely
settled a rule of construction that the
simultaneous repeal and re-enactment of a
statute, in terms or in substance, is a mere
re-atfirmance of the original act, and not
repeal In the strict or constitutional sense
3. The great object to be attained by that
provision of the constitution is ceatainiy IN IN
the amendatory act shall be definite and
certain as to the law amended. and germane
n %eb the 1as original act State VS. ba0'0ek' %
i. In 1887 an act was passed entitled, "An
act ir cooperating cities of the metropolitan
class md defining. regulating and prescrb.
ing their powers and government In 1883 1883
section 145 of said act was amended by the
addition thereto of provision not affecting
Its general scope and purpose, and the orig T
amendatory act being: .An act to amend
section l45 of an act, etc, and to repeal
1891 said section was further amended by
the addition of a PROVISION not affecting its
was repealed, both acts preserving the num-
er nd py of hs s sset9
amend section AS Of An act incorporating
regulating and prescribing their powers and
government; approved March 90, 1857, and
act last mentioned is not inimicai to the
fsTR FPe Ta preysn FsRa Cd sy sscos a act # s4s Hf 5 Ill.,
of the constitution. viz, mo bill shall con-
tain more than one subject an and The the same %
intended to prevent surreptitious legislation
and not to prohibit comprehensive titles.
The test is not whether the title chosen by
the legislature Is the most appropriate, but
whether It fairly. indicates the scope and
G. An act which embraces the entire sub
3ect matter OF PR Prior r. act ns,n,io and also addi-
peal "t Of PRs' the latter " by implication re-
T. The provision Of the charter of the city
mis- cOnppSpd m m he
'at least one from each of the two political
parties casting the largest number of votes
not conflict with the constitution of this
state or the constitution of the United
auailcation for Office III II s such provision be
not mandatory In the sense that 1t Is bind
3 not decided ' it IS at least advisory ~ and viii
be accorded consideration consistent with
the SSmty % EXISTING between different de-
g. The act of 1895 amendatory of the act
of 1887 Chapter x laws Of 1892 was passed
aree ill., Of the 1 take sfeea eee
journment of the legislature for that ses- les
sion, Held, that the provisions therein for
sioners for cities of the metropolitan class
within thirty days from Its passage refers
to the time when said act took effect as a
O. In the absence. of special provision
to the contrary ] the presence presence Of al the the
transaction of business by public body OF
board. Where members hay having reasonable
hoard charged with duties TO the public the
action OF those present, n majority of all
law, is the action of the board and equally
binding as II all had attended and expressly
assented thereto.
The opinion itself is somewhat lengthy
made so by The numerous issues raised by
the contending counsel. 1t Ia as follows:
STATEMENT OF THE CASE
This is an original proceeding in the nature
of a quo warranto on the relation of the at
tion IA of the civil code. to determine the
members. OF the Board Of Fire ard Police
Commissioners for the city. of Omaha.
AN act incorporating metropolitan e@atss Cities
ana defining and nd
Omaha. provision is made for Board OF
Fire, and Police commissioners. Consisting
the governor; In 1889 and 1891 said section
after made but which do not cali for notice
passed entitled IAN act to amend section III
Of an act entitled An act incorporating
and and prescribing their powers and d It soSern
ment' approved March 80. 1887. and as sub
aSd WS"S nnS 1S sps ioon sa
hereafter considered. BY the last men
toned act provision is made for q Board OF
Fire and Police commissioners consisting
OF three members, to be appointed by tn,
governor, attorney general and com
missioner OF public lands and buildings
It Is disclosed by the .pleadings upor
day last named said board was composed Of
the following members, to-wt: Howard b
1 sna Charles @ H. Brown. ali OF f't% whom R'fSs, Ssa
been in due form appointed by the governor
and George p Bemis, mayor OF said city
and Will, for convenience. be referred to a.
the old board
on the "a day OF August the respondents
William J. Broatoh. Paul Vandervoort ant
Albert @. Foster. were named fire ant
police commissioners under the provision,
of the act OF 1895. the record OF their ap
pointment being as follows:
August 4 issS 10 o'clock a. m:-APpointins
sJnissioners for cities OF metropolitan class me
pursuant 70 written notice heretofore given o.