The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-08-03

| nor Appeals for Moderation.
| Omaha. Aug. 2.-Three police commits
! sioners acting under the American Pro
/ teetive association police law are do
/ ing business in Omaha tonight regard
less Of the fact that the district court
| restrained the city council from approx
ing their bonds. The oath-bound or
ganization in the council has working
majority and the courts order was ig-
nored. AS result a citizen volunteer
guard Of 100 men is on duty al the police
station tonight 10 maintain peace and
assist the regular police force in holding
possession of city property.
Messrs. Broatch, Vandervort and Fos-
ter were given their certificates as po-
lice commissioners at noon by the at
torney general and the commissioner
Of public lands and buildings. The gov
ernor refused to sit with them and warn
ed them that their course was illegal.
The Omaha council held a special ses-
sion at 4:30 to approve the bonds but
were met with an injunction returnable
tomorrow in the district court. The or
der was ignored with hurrah and the
new police commission al once appoint
ed a full police force. They will make
no effort to get possession of city prop
erty before morning. At an early hour
tomorrow the district court will take
up the matter of the council proceed
ings in contempt and Will probably an
nul its work.
RED-MOUTH TALK.
There IS much inflammatory talk and
several companies of militia in different
parts of the state have been notified to
be in readiness to move on Omaha in
the event Of trouble. Governor Hol-
comb is prepared to maintain the law
and is tonight using all means in his
power TO conserve the peace and have
the whole squabble carried to the su-
preme court. When asked what action
he proposed to take in the matter in
case of an attempt TO take forcible pos
session of the jail, Chief of Palice White
said tonight that he would see that
there was no riotnig and that the laws
Were enforced in any event. He said he
did not anticipate any violence but
would he prepared to deal with any
class of lawlessness that might come
Up.
1t was evident from the first that it
was the intention Of the American Pro-
tective associa ton ma ority in the coun-
ell to carry out their plans irrespective
Of the order of Judge Hopewell. Presi-
dent Edwards refused TO receive the
telegram from the district judge who
IS at Tekaham. which was handed him
and this example was followed by the |
ma jority.
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 their plans were little doubt |
ful as to the propriety Of a direct VIOLA |
ton of the order Of injunction. Subse- |
luently the majority took possession |
IF the private Office of the president |
where the doubtful votes were looked |
after until the other members were |
'eady to defy the order of the court.
ADVICES TO THEIR TASTE.
The majarity called for an opinion OF |
he city attorney as 70 whether the |
council was bound to obey the injunc- |
ion. City Attorney Connell is out of |
he city and left Frank Branson to adj
wise the council in his absence. He adj
EiSed the council that IL might with en-
ire propriety ignore the injunction. He
declared that since the order had been
ssued at Tekomah, the injunction was
lot in force in this county. More than
his, he was informed that no petition
lad been filed in the district court and
hat no bond had been approved by the
Jerk Of the court. Until this was done
he injunction was not in force and the
Ouncil was under no obligation TO con
ider il. President Edwards then de-
Jared the bonds CT the new commits
ion approved.
During the roll call, a member asked
he attorney to state whether the new
aw which stated that all commissions
must he signed by the governor. Ran
on relieved himself of the assurance
hat there was no necessity for any com
mission a { all. The law has designat-
d the appointing board and this car
led with il the power 10 give a proper
otification Of the appointments. It was
ot necessary that the governor should
ssue any commission nor was il even
ecessary that it should bear the seal
f the state.
NEW BOARD RECOGNIZED.
The council then adopted a resolution
to the proclamation of ChaS.
[. Brown and Glen Beaver police COM
lissioners under the old law, and TO
ne fact that these men were threat
ming TO continue to act as commits
onerS in direct violation of the law
the state. In conclusion the resolu-
on gave full recognition to W. ]. |
Toatch, \. g. Foster and Paul Wander |
oort, the appointees Of the new board |
nd recited that inasmuch as their
onds had been duly approved by the
1uncil and their oath OF Office fled |
18th the city clerk as required by law |
ley should be recognized by all Off
ers and employees and others having
usiness with the city. and furthermore !
lat as TO payment OF bills and salaries
lie council would recognize no others. |
GOVERNORS LETTER.
At noon Governor Holcomb sent this
tier To the attorney general:
Churchill, attorney general: Dear
r: / have just been informed that
-essrs. i c. Foster, Paul Wander
port and \. ]. Broatch have been ap-
)lnted members Of the board OF fire
ID police commissioners Of the city
Omaha by the attorney general and
'mmissioner of public lands and build
IS, acting as members of the appoint
= board under the provisions of i
lapter 10 OF the sessions laws OF 1895
Id fearing that an effor; viii be made !
OBTAIN possession Of the Office 10 |
hich they have been appointed with
Il an appeal 10 the courts for the pur- | :
,Se OF determining the title 10 the |
ice now claimed by the present DO /
= commissioners and thereby endan-
ring the peace and good order OF the |
~, 1, as chlef executive OF the state. |
spectfuily and most earnestly urge ;
~ 10 begin QUO wsrranto proceed
s. n the supreme court AZ the earl
81 possible date in order u try the :
tie OF the respective claimants 10
Id offices and that by proper collater- I
proceedings You viii restrain any 5
fort which may be made 70 take pos
ssion Of said Offices by force. s;,rr- | =
pCitiously or in any other unlawful | :
amer In order 10 obtain an early
eSentauon Of the case 10 the court s
vii re1deryOu all the aid n nv power 2
,Slsned) SlLAS a. HOLCOMB :
Governor :
BRYAN GIVES ADVICE v