The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-09-18
NEW BOARD HOLDS
NEBRASKA SUPREME COURT DE-
CIDEH THE OMAHA CASE

Among Other Points Disposed of il That
Governor HolcOmb Absented Himself
From the Meeting Of the State Board at
His Peril-Board of Fire and Police
Lawfully Appointed Cnder q Constitu-
tional Act-New Roard Gets Out Its
Broadaxe at Oncc-First General Order.
Lincoln, Neb., Sept. 1.-THE supreme
court this morning filed its decision in
the Omaha fire and police commission
case. The decision in substance finds
commissioners and declares the act con-
stitutional Upon this point raised by
the attorneys for the old board that
Governor Holcomb did not attend the
meeting OF Churchill and Russell at
the time the new board was named the
decision holds that the interests of the
state or municipality are not to be jeop-
ardized by the action of one party. In
conclusion the court finds that Breach,
Vandervoort are the lawfully constitut-
ed board of fire and police commission
ers of Omaha
Following is the syllabus. the decision
being ten thouand words.
1.-Aritlce of the constitution pro-
vides that no laws shall be amended
unless the new act contains the sec
ton or sections SO amended and these
sections so amended shall be repealed.
Held that the term repeal is herein
employed in the sense is was under
stood when the constitution was adop-
ted In 1875"
1T had before that time been def
nitely settled as a rule of construction
that the simultaneous repeal and enact
ment Of a statute, in terms or in sub
stance, is a mere reaffirmation OF the
original act and not repealed in the
sense of the term.
3.-If in the absence of a special pro-
vision to the contrary, the presence of
ell the members thereof Is not indispen-
sible to the transaction of business by
a public body or board where members
having reasonable notice neglect to at
tend the meetings Of board charged
with duties to the public, the action of
those present, if majority Of a quorum
authorized by statute, or by law, is the
action OF the board, and is equally bind
ing as If all had attended and expressly
assented thereto.
The last clause refers to the fact that
Governor Holcomb refused to sit with
the other members Of the commission
which organized under the new law,
the attorney general and commissioner
OF public lands and buildings, who con-
stituted themselves the board and ap-
pointed the public commission.
THE NEW BOARD ACTS.
After removing the chief and one
captain, two sergeants and others OF
the police force, many OF the oldest and
most reliable officers in the city, the
board today issued this order:
No. lin assuming control of the fire
and police departments it is the inten-
ton of the board of fire and police COM
misSioners that the affairs of these de-
partments shall be conducted upon non
partisan and non-sectarian grounds
1t is the duty of every officer In the
discharge of duties devolving upon him
to use fmpartiallity and discretion and
he should remember that he is a pub
lie servant and that as a part of the
executive department of the city gov
eminent 1t is his duty to see that the
state laws and the ordinances Of the
city are respected and obeyed.
Nearly ali Of the discharged men are
Catholics. those replacing them are
without exception a. p. A.
Twelve gambling houses are running
wide open tonight in Omaha, the first
In years.