The Providence news. (Providence [R.I.]) 1891-1906, 1895-08-03
LAW IS DEF|EO.
A. p A. CounciImen Strongly fielding
the Fort at Omaha.
BACKED BY THE CITY ATTORNEY.
Police Tangle Is Now In a
Worse State Than Ever.

OMAHA, Aug. 3.-The police commits
sioners, acting under the A. p. A. police
law, are doing business In Omaha, regard
less of the fact that the district court re-
strained the city council from approving
their bonds. The oath bound organization
In the council has working majority,
and the courts order was ignored. As
result a citizens volunteer guard OF 100
men were on duty Mt the police station last
night to maintain peace, and they and the /
regular police are holding possession OF the
city property.
Messrs. Boatch, Vandervort and Foster
were given their certificates as police COM
missioners at noon by the attorney gen.
eral and the commissioner OF public build
tngs. Eee governor warned them that
their course was illegal.
The Omaha council held Especial session
at 4:3O o'clock To approve the bonds, but
were met with an injunction rcturnable
this afternoon In the district court. Tho
order was ignored with hurrah, and the
new police commission appointed fun
police force. Thoy have not yet made an
effort To get possession of the city property.
The district court will take up the coun-
ellis proceedings In contempt, and will
probably annul it's work. There Is much
infiammatory talk, and several companies
of militia in different parts of the country
have been notified to be In readiness to
move on TO Omaha In the event OF trouble.
Governor Holcomb is prepared 10 main
tain the law. He Ia using all means In his
power TO conserve peace and have the whole
squabble carried to the supreme court.
When asked what action he proposed to
take in the matter in case Of an attempt
10 take forcible possession OF the jail, Chief
of Police White said that he would SEQ
that there was no rioting. and that the
laws were enforced In any event. He said
he did not anticipate any violence, but
would be prepared 20 deal with any cases
of lawlessness that might come up.
Courts Order Ignored.
1t was evident from the first that IL wns
the intention OF the A. p. A. majority in
the city council to carry out their plans,
irrespective OF the order of Judge Hope
we'll. President Edwards refused 60 re-
ceive the telegram from the district
Judge, who Is at Takamah, and which was
handed to him. This example was fol-
lowed by the majority.
IL appeared that one or two of the men,
bcrs, who were ready TO vote for any
measure that would aid the A. p A. IN
their plans, were little doubtful as to
the propriety of a direct violation Of the
order of injunction. Subsequently the
majority took possession OF the private
Office of the president, whore the doubtful
voters were looked after until 10 members
were ready to defy the court.
The majority called for an opinion from
the city attorney as TO whether the coun-
Gil was bound to obey the injunction
City Attorney Connell was absent from
the city, and left Frank Ransom 10 ad-
wise the council In his absence. He ad-
yised the council that IL might, with
entire propriety, ignore the injunction.
He declared that since the order has
been issued at Takamah the injunction
was not in force in this county. More
than that he was informed that no petit
ton had been filed in the district court
and no bond TO be approved by the clerk
of the court. Until this was done the in
junction was not in force. and the council
was under no obligation to consider it.
President Edwards then declared the
bonds of the commissioners approved.
During the rollcall member asked the
attorney TO state whether the new law re-
pealcd the law which stated thet all the
commissions must he signed by Vhc COVER
nor. Mr.. Ransom relieved himself by the
assurance that there was no necessity for
the commission at law. The law has
designated the appointing board, and this
carried with 1t the power to give proper
notification OF the appointments. IL was
not necessary that the governor should is
sue any commission, nor was IL necessary
that IL should bear the seal OF the state.
This resolution was then passed by the
council:
The LoophoIe.
Whereas n proclamation has been issued by
Charles II. Brown and ID. Glenn Deaver, police
commissioners, under tho law which was re-
pealed to take effect Aug. l. 1885, declaring
their purpose TO continue TO act as commits.
soners under the law, knowing the versions OF
the new law which Governor Holcomb certi-
fies over his own signature took effect Aug. l.
and under the provision by which the commits s.
sioners have been appointed: and,
Whereas under the said law, the only al
thorized appointing power has appointed J. w
Boatch, A. @. Foster and Paul Vandervort as
such police commissioners for the city oi
Omaha and their bonds have been duly ap
proved by the city council, and they have filed
their oath Of Office with the city clerk. as re
ouired by law; and
Whereas 1t is Important that all officers
employees and those having business with tn,
city council should not be misled as to who
will be recognized by the council; therefore,
Resolved, That until otherwise finally deter
mined by the courts, the police commit ) sior
composed of w. j. Boatch, A. @. Foster and
L.. Al.