The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-11
OMAHA OFFICIALS QUIT.
The New Fire and Police Com
mission Was Legally
Appointed.
NO FURTHER STRIFE EXPECTED
Mayor Bemis Said to Be Disposed
to Resist the Ruling by
Violence.

OMAHA, NEBR., Aug. 10.-Intense ex-
element prevailed in the city this morning
and afternoon over the announcement that
Judge HopewelPs decision in the injunc-
tion suit would be given this afternoon.
The streets were crowded, people standing
in knots and discussing the question which
has excited SO much interest during the
last ten days.
At an early hour courtroom Mol was
filed until the crowd lined the corridors
and stairs. The interest was 80 intense
that the strictest silence prevailed as
Judge Hopewell assembled the bench and
prepared to read his decision. The prin-
cipal part of the opinion is:
ain the light of the decisions the de-
PENDANTS appointed as Fire and Police
Commissioners under the law of 1895, now
in force, must be held to have the appar-
ent right and to be entitled prima facie to
the offices in question. Such being the
case court of equity will not restrain
them from claiming such offices or from
proceeding in peaeeable and lawful man.
ner to obtain possession thereof.
cit has been suggested in argument that
if the injunction prayed for is not granted
there is danger of a conflict between the
contending parties to the detriment of
peace and good order. There is no allega-
ton in the petition that defendants will
use force and violence or other than lawful
means to gain possession and the court
will not assume that it will be done. On
the contrary, have too much confidence
in the people of Omaha TO believe that
such test vi ct armis will occur. Should
anything of the kind happen, the respon-
sibility will lie with those who incite or
precipitate it, and [ take occasion here to
say that, Notwithstanding what is herein
expressed as to the right of defendants to
the possession and occupancy of the offices
in question, the plaintiffs have the right to
remain peaceably in possession and to ex-
ercise the functions of said Offices until
otherwise ordered in a proper legal pro-
ceeding."
The old board has nothing to do but to
retire and submit to the law. 1t is re-
ported that this course will be pursued by
Mr.. Brown at least. Mayor Bemis and
Commissioner Beaver are reported as dis
posed to resist by violence.
The decision was received with loud
cheers. which were, however, quickly sup
pGcSScu ny Gu0 UdlilllS, anu Tue crown QlS-
persed. The members of the new boord
were Immediately surrounded by their
friends and warmly congratulated.
In anticipation of a movement against
the police station to seize possession
thereof in the event of decision favorable
to the new board, the old board to-day
called into service seventy-five special po-
hcemen and thirty regular officers to guard
the station.
Commissioner Broatch of the new board
said this afternoon that nothing would be
done of an official nature by the board be
fore Monday. It was the intention, he
said, of the board to proceed cautiously
and carefully, and to act with deliberation.
No violence is expected and the city is
thoroughly peaceful, contrary to the lurid
reports of the Associated Press.