Omaha daily bee., 1897-07-18
gorERNMEyr By IvJrNcrloN.

SOVERNliENT BY INJUNCTION,
Cur Of the grievances which was prom
incmjIy brought before the American peo-
pie in the last presidential campaign was
government by injunction. The populist
platform adopted at st. Louis embodies
the following declarations The arbi.
trary course of the courts in assuming
to imprisOn citizens for indirect con
tempt and ruling ny injunction should be
prevented 10y proper legislation The
democratic national platform denounced
government by injunction as new and
dangerous form of oppression by which
Judges in contempt Of the laws and the
rights of citizens become at once leSis-
lators Judges and cXoCutiOuers.
The power of ruling by injunction has
never received a more extreme applica-
ton than in the recent order made by
Judge Scott restraining the members of
the Board of Fire and Police Commits
sioncrs from discharging chief Detective
Cox. against whom charges have been
filed by his superior officers. This order
is IN assumption on the part of the court
j
tions vested by law in the police commits.
sion. If the board must withhold its
Judgment as regards the guilt or inno-
crnce of Chief Detective Cox until Such
time as the court can hear his application
for an injunction to prevent probable
dismissal. the court practically assumes
the right to suspend the powers of the
board for an indefinite period.
This action is tantamount to multiplying
tho entire police commission law by ar
bitlaIy court process which was never
contemplated by the trainers of the law
or the constitution. 1t is not question
whether the charges against Cox can be
sustained or rcfutcd. 1t is not Il question
whether Cox is entitled to the benefits
of the police relief fund. The paramount
issue presented by the order restraining
the police board from discharging COX
if upon hearing on the charges ne is
found guilty is whether Judge scott
shall manage the police force of Omaha
from the bench, and whether mcompe-
tent. dishonest and inefficient officers or
members of the police force shall find
shelter behind iniunCtiOnS and thus defy
the police commission and the mayor
and deprive the people of Omaha of the
police protection for which they pay and
which they are entitled to have.
Another phase presents itself in this
unprecedented order. If any judge of
the district court or of the supreme court
can by any process restrain an inferior
court from rendering a Judgment in any
case in which ii has jurisdiction. then we
have judicial anarchy The grounds upon
which this injunction has been asked are
that the Board of Fire and Police Com
misSoncrS is cOnsDiring against the ap-
ulicant for political ends and that its
action would be biased and influenced by
ua,tiSHn motives. If this be true the
| complainant should direct himself to the
! governor. who is by law empowered and
| required to remove any member Of ule
| commission who in violation of his OaIn
| is actuatpd in considering removals or
| appointments by political motives. Upon
| the governor of Nebraska. and not upon
| the court rests the responsibility for the
miSgOvcrnmcnt of our police and fire
departments. If this responsibility could
be thus shifted from the chief executive.
who alone can appoint and remove police
| commissioners. the whole fabric of our
system of police administration will fall
| to pieces. INSTRUMENTATION. dishonesty
and incompetcncy would run riot and tn
police force would become an armed
| i,,r nt tn fp
discipline and efficiency by procuring in
functions against the inniction of TIL"
penalties of diSobCdicncC. drunkenness.
d"bauchely and crooked work.
We do not believe that Judge Scott has
any intention or design to create greater
decentralization and diScOrd in the police
department than already exists. Nor de
we believe that he aSpircs to sunprsede
the commission in the government OF
the police or to hamper it in the dis
charge of its sworn duty or in any effort
it may make to inaugur0tc the much
needed police reform for which the board
was created 1t is to be hoped thNt in the
interest of good government he may sec
his way to modify or rescind the order
issued i'll the COX case. W MI" I'll" mem
bees of the Board of Fire and Police
Commissioners are prohibited by law
from making removals for political pur'
poses they should be left free to oypr,
else their legitimate powers and be held
to strict accountability for tile faithful
fearless and honest discharge of the du
ties dcvolving upon them
I ~,