The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-08-11
THEA. PA. MUST WAIT
Until the Nebraska Supreme
Court Passes on the Law.
DECISION BY DISTRICT COURT.
Does Not Deny That New Board Il En-
titled 10 ONCE. but They Must
Take Possession Peaceably.

Omaha, Aug lo-The distric. court
this afternoon rendered decision in the
Omaha police commission controversy
The court holds that the old board is ie-
gally in possession and entitled TO main
tain its position until further legal pro-
ceedings may show that Il is not properly
in power The court. however. refuses
10 make permanent theinjunction restrain
ing the a. F. A. police commission from
exercising its functions The decision IS
IN the nature of a compromise. and IL re-
mains for the A. p. A board TO go to the
supreme court 10 have the case decided
on its merits
The important part Of the decision is as
follows: In the light Of these decisions.
the defendants appointed as FIRE and po-
lice commissioners under the law of 1895
now in force, must be held 10 have appa-
rent right and 10 be entitled prima facie
TO the Office in question. Such being the
case, court of equity will not restrain
them from claiming such Offices or from
proceeding In a lawful manner 10 obtain
peaceable possession thereof.
1T has been suggested in the arguments
that If the injunction prayed for is not
granted there is danger of a conflict be-
tween the contending parties, 10 the detri-
ment of 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 VIII not assume that IL will be done.
on the contrary, / have too much conf
dence in the people OF Omaha to believe
that such contest viii occur. Should
anything of the kind occur. the response
biiity VIII be with those who precipitate
IL, or incite IL, and | take occasion to say
here that Notwithstanding the views here
in expressed as TO the rights of the de-
PENDANTS TO the possession and occupancy
OF the offices in question. yet the plain
tiffs have the right to remain peaceahly
in possession and 10 exercise the func-
tons of said Offices until otherwise or
dered in a proper legal proceeding"
The excitement was intense when court
convened. The room was crowded to suf-
location. Every available seat was taken
and the aisles were damned with specta-
tors. Many prominent politicians and Of
fice-holders were on hand. The Judge re-
viewed the events leading up to the pres
ent difficulty. file spoke of the exhaust
i've citation of authorities which had been
presented for consideration, and stated
that he had given the questions, legal and
otherwise, which were in dispute, his
careful attention. The title to office, he
said, cannot be decided in this suit. The
question. he said, is. will the court by in
junction protect the other board, thus
obliging the defendants TO bring quo war
ranto proceedings.
The regular police commission will re-
main in power until the supreme court
decides the case. and. for an emergency
has detailed special officers at the police
station and city hall 10 resist any force
the A. Z. A. board may place in the field
to take the city property. Many members
of the A. p. A. have asserted that they
will now take possession through force,
though no demand has yet been made by
the A. p. A. commission on the old COM
mission for the city property. Many A. p.
A. leaders argue that since Judge Hope
well dissolved the injunction there was no
need TO wait for writ of custer. and talk
of force. Tonight, however, there is no
evidence of trouble.