The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-06
FEELING RUNNING HIGH.
Possible Appointees Ready to
Bring on an Immediate
Crisis.
ANSWER TO THE INJUNCTION
The Old Commissioners Charged
With Utilizing the Bluecoats
to Hold Office.

OMAHA, NEBR., Aug. 5.-"Will Judge
HopewelI define the status of the new
Police Commission tomorrow, or will he
dissolve his restraining order?" is the all
important question in Omaha tonight.
Should the court ia Ike the latter course and
decline to pass upon the validity of the
new law, there is little question that the
supporters of the new board would use
force in taking possession of the depart
ment. Feeling runs high. No less than 100
men expect places under the new board,
and they are indignant that the matter
should have been allowed to get into the
courts before the new commission assumed
power.
Attorneys for the latter filed their
answer in the injunction case to-day. 1t
recites:
That in the year 1895, and before the new
law referred to went into effect, d. Glenn Beaver
and Charles II. Brown were, at the solicitation
of Edward Rosewater, editor of the Omaha
Bee, appointed by Silas A. Holcomb, Governor
OF Nebraska, as members of the Fire and Police
Board of the city of Omaha; that at the time
it was agreed and understood that the said
Brown and Deaver, in the interests of Edward
Rosewater and in his behalf, in violation of
passed in 1895 was unconstitutional, should
hold said offices, and defendants show that in
pursuance to such design, the said plaintiffs,
George ?. Bemis, Charles II. Brown and d.
Deaver, procured the discharge of the police
force and substituted others therefor, and are
now in force and arms holding the same.
That to further prosecute said plaintiff
George P Bemis procured a pretended injunc-
ton to be issued, pretending to restrain the
ZINC 6nfn opfc1
bonds, but said injunction was and is Illegal
and void and of no effect and was procured
with fraudulent purpose and design of pre-
venting these defendants from having legal
status herein and in pursuance OF the afore-
said corrupt agreement, as defendants are in
formed and believe.
That the said plaintiffs, said suit having been
brought and served too late to prevent the APP
prevail of said bonds and the qualification of
defendants, have now commenced this suit to
further delay the defendants herein in getting
the control of such Offices and police force, and
to hinder and delay them in the discharge of
their duty, and that the same is brought in bad
faith and without justification.
Defendants further say that no proceedings
have been commenced by the said plaintiffs to
test the rights of these defendants under the
said law by quo warranto, and that said plain
tiffs have not commenced the same and that
the allegations in the said plaintiffs petition
that said plaintiffs are about to, or will, CON-
mence said proceedings and pursue them dill
gently, are without foundation and are not
made in good faith, but are made for the pur-
pose of deception and SO that said plaintiffs
may pretend to be acting in good faith in that
regard.
The answer also refers to the honorable
action of ex-Commissioners Smith and
Stricken in resigning their positions in
the old board because of the fact that they
recognized the existence and legality of
the new. The answer concludes:
If any dual Board of Commissioners exists,
it will be because said plaintiffs, in violation of
law and in pursuance of a long before precon-
ceived plan, and in pursuance of the agree
ment to set aside the law and to violate the
same. will continue through the police force
as aforesaid wrongfully organized, controlled
and created to exercise the functions pertain
ing to said board.
And the defendants maintain that Judge
Hopewell is said to have expressed himself
so as to lead people to believe he will dis
miss the contempt case tomorrow. This
being out of the way, the only thing to be
decided is the legality of the new board,
and no matter how he decides this ques-
ton his decision will be appealed from
this to the Supreme Court, where the real
battle will occur. To-day application was
made before the clerk of the Supreme
Court by Mayor George P. Bemis for the
hold-over board, and by Attorney General
Churchill for the new board for permission
to file quo warranto papers in the case.
The clerk refused such permission, and re-
ferred the parties to Justice Norvall, who
stated that court was not now holding, and
that the cases would have to be docketed
in regular order. That means that the
Supreme Court will not take up the cases
until October or November, and greatly
complicates matters in this city.