The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-08-11
AGAINST THE A. P. A.
DECISION IN THE OMAHA POLICE
COMMISSION CONTROVERSY.
Court Holds the Old Board Is Legally
in Possession, but Does Not Make
the Injunction Permanent.

OMAHA. Neb.. Aug. 1o.-The District
Court this afternoon rendered decision in
the Omaha police commission controversy.
The court holds that the old board is le-
gally in possession and entitled to main
tain its position until further legal pro-
ceedings may show it is not properly in
power. The court, however, refuses to
make permanent the injunction restraining
the A. P. A. police commission from exer-
cising its functions The decision is In the
nature of compromise. and it remains for
the A. P. A. board to go to the Supreme
Courts to have the case decided its
merits The important points Of the de-
cision are as follows:
In the light of these decisions the de-
PENDANTS. appointed as fire and police COM
missioners under the law of 1896. now in
force, must be held to have the apparent
right to and to be entitled prima facie to
the offices in question. Such being the
case, a court Of equity will not restrain
them from claiming such offices or from
proceeding in peaceable and lawful man
ner to obtain possession thereof.
1T has been suggested in argument that
If the injunction prayed for is not granted
there is danger of a conflict between the
contending parties. to the detriment Of
peace and good order. There is no allega-
ton in the petition that the defendants
will use force and violence. or other than
lawful means to gain possession. and the
court will not assume that it will be done.
On the contrary, l have too much conf
dence in the people of Omaha to believe
that such contest vi ct armis will occur.
Should anything of the kind happen. the
responsibility will be with those who pre-
cipitate or incte it, and / take occasion
to say here that, notwithstanding the
views herein expressed as to the rights of
the defendants to possession and occupancy
of the Offices in question. yet the plaintiffs
have the right to remain peaceably in pos
session and to execute the functions of said
offices until otherwise ordered in a proper
legal proceeding
The excitement was intense when court
convened. The room was crowded TO suf-
location. Every aisle was jammed with
spectators, and every available seat was
taken. Many prominent politicians and Of
ficeholders were on hand. Judge Hopewell
reviewed the evidence leading up to the
present controversy. He spoke Of the ex-
haustive citation of authorities which had
been presented for his consideration, and
stated that he had given the questions, le-
gal and otherwise, which are in dispute, his
careful attention. Title to the Office, he
said, cannot be decided in this suit. The
question, he said. is. will the court by in
junction protect the old board. thus obligat-
ing the defendants to bring quo warranto
proceedings.
The regular police commission will remain
in power until the Supreme Court hears the
case and for an emergency has a detail of
special officers at the police station and
city hall to resist any force of the A p. A.
board may place in the field to take the
city property Many members of the A. p.
A. have asserted they will now take posses
sion by force. though no demand has yet
been made by the A. p. A. commission for
the city property on the old commission.
Many A. p. A. leaders argue that. since
Judge Hopewell dissolved the injunction,
there was no need to wait for a writ OF
custer. and tonight talk of force. So far,
however. there is no evidence of trouble.