The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-08-03

OMAHA, Aug 2-Three police COM
missioners are acting under the A. z. A.
police law doing business in Omaha to-
night regardless of the fact that the dis
trict court restrained the city council
from approving their bonds. The oath
bound organization in the council has a
working majority and the courts order
was ignored AS result citizens volun-
teer guard of 100 men is on duty at the
police station tonight to maintain peace
and assist the regular police force IN
holding possession of city property
MeSSrS. Broatch. NanderVert and Foster
were given their certificates as police
commissioners at noon by the attorney
general and commissioner of pubic lands
and buildings. The governor refused to
sit with them and warned them that their
course was Illegal. The Omaha council
held a special session at 4:30 to approve
ton returnable tomorrow in the distriht
court. The order was ignored with a
hurrah and the new police commissioners
at once appointed full police force. They
will make no effort to get possession of
city property before morning. AT an early
hour tomorrow the district court will
take up the matter Of the council pro-
ceedingS in contempt and will probably
annul it's work. There is much infiamma-
tory ak and several companies of mali
tia in different parts of the state have
ben notified to be in readiness to move
on Omaha in the event of trouble.
Governor Holcomb is prepared to main
tain the law and is tonight urging all
means in his power to conserve the peace
and have the whole sQuabble carried to
the supreme court. When asked what &C
tfon he proposed to take in the ma tier
IN case of any attempt to take forcible
possession of the Jail, Chief of Police
White said that he would see that there
was no rioting and that the laws were en-
forced at any event He said he did not
anticipate any trouble but would be pre-
pared to deal with any cases of lawless-
ness that might come up. 1t was evident
from the first that it was the intention of
the A P. A. majority in the council to
carry out their plans irrespective of the
order of Judge Hopewell. President Ed
wards refused to receive the telegram
from the district judge who is at Teka-
man, which was handed him and this eX-
ample was followed by the majority.
1t appeared that one or two of the
members who were ready to vote for any
measure that would aid the A. P. A in
plan were a little doubtful as to the pro-
prlety OF direct violation of the order
OIL injunction. subsequently the majority
took possession of the private office of
the president where the doubtful votes
We're looked after until ten members were
ready to defy the court The majority
called for an opinion from the city attor-
ney as to whether the council was bound
TO obey the Injunction. City Attorney
Con is out of the city and
| LETT Frank Bansor to advise
the council in his absence. lie advised the
council that it might with entire nropri-
ETY. ignore the injunction. He declared
mat since the order had been issued at
Tekamah the injunction was not in force
! IN this county. More than this, he was
| informed that no petition had been filed
| in the district court and that no bond
| had been approved by the clerk of the
! court. Until this was done, the iniunc-
| ton was not in force and the council
was under no obligations to consider it.
Bonds Declared Approved.
| President Edwards then declared the
! bonds of the new commission approved.
! During the role call, "A member asked the
| attorney to state whether the new law
! repealed the law which stated that all
| the commissions must he signed by the
! governor. BanSOn relieved himself of the
assurance that there was no necessity for
any commissions at all. The law has
! designated the appointing board and this
proper notification of the appointments
4 1t was not necessary that the SoVernOr
| should issue and commission. nor was II
even necessary that it should bear the
| seal of the state.
The council then adopted a resolution
! giving full recognition to W. j. Broatch
a. c. Foster and Paul Vandervoort, the
appointees of the new board. and re-
qUired that they should be recognized by
all officers and employees and others hav-
ing business with the city
ter to the encouragement urging him tC
begin quo Warranto proceedings in The
! supreme court at the earliest possible
date in order 10 try the title of the re-
spective claimants TO the Office and di
| rectng him by proper proceedings to re
strain any effort which may be made t
take possession of the commissioners of
flee by force, surreputiously or in any
other unlawful manner. He proposes t,
render all the aid in his power.
At II o'clock tonight the district cour
issued a second injunction restraining thu
new police commissioners from interior
ing with the Old force or any municipal
property or from acting in any capacity
! The case will be heard at noon tomorrow
The new commission has not yet indi
Gated it's action on this injunction.