Omaha daily bee., 1898-01-22
SMIYH BRINGS PROCEEDINGS
Attorney General Files the Information in
Quo Warranto Action.
COUNCIL AND COMMISSION MUST RESPOND
Peition Sets out Existing Conditions
and Asks the Respondents to
show Cause for Their
Conduction.

preme court having granted leave the at
torney general this afternoon filed his infor-
nation in quo warranto in the Omaha police
commission case, the title of the cause being
THE State of Nebraska ex rel Constantine
j. Smyth, Attorney General, Relator against
Frank L. Moores. william Il. Bingham, Will
liam f. Bechel, Louis Burmester, Myron d.
Karr. Ernest STUNT David T. Mount, Frank
j. Burkley George w. Mercer, Charles c.
Lobock, j. II. Peabody, d. d. Gregory, Will
liam c. Bullard and X. Il. l.. Herdman, re-
epondents."
In opening the petition states that on
April /, 1897 the defendants, X. +. l.. Herd
man, J. II. Peabody, d. d. Gregory and Will
diam c. Bullard, were appointed by the gov
ernor as members of the Fire and
Police commission for the city of Omaha
for the terms of one, two, three ana tour
years respectively. That the clid parties i'm
medlately qualified and entered upon the
discharge of their duties and that since
that date, together with the defendant,
Frank E. Moores acting mayor of the city
OF Omaha" have been exercising the privl-
loges and performing the duties conferred by
law upon the members of the said beard
The act of the legislature in cooperating
metropolitan cities is also set forth as the
authority under which the commissioners
have acted. The petition Gays that said
management, direction and control OF said
departments involve the control and mcn-
agement of property belonging to the city
OF Omaha of the value of many thousands oil
dollars and also the direction and manage
ment of about 200 men employed in preserv-
ing the peace and public order of the said
city"
The relator further states that "Hon. Cum
ningham X. Scott, a judge of the district
court of Douglas county, recently gave an
opinion without pronouncing any judgment
thereon or entering final order from when
,1o1 1n n
wherein and whereby the said Cunningham
r. Scott declared that the said acts under
which the said Herdman, Peabody, Gregory
and Bullard held their said office and eXer-
ciscd the duties thereof as herein stated. are
void because as he declares, the same are in
conflict with the constitution of the state
and In contravention of the provisions of the
bill of rights, Declaration Of independence
and the inherent rights of the citizens OF
the said city of Omaha"
That the said Scott had declared and
caused to be published an opinion that there
was no law to authorize the governor to ap-
point the fire and police commissioners, but
that the mayor and city council have the alb
solute right to control the police and fire de-
partments and also the right to appoint the
commission
EFFECT OF THE OPINION.
The petition says that since the iromul-
cation of this opinion the mayor and a ma
jority of tho council have accepted 1t as
correct and as stating the law and now as
sumo to believe that it is their duty to pro-
ceed to assume the control and manage
ment of the fire and police department, to
the exclusion of tho commissioners ap-
pointed by the governor, and that there is
now dispute as to who shall control and
direct the said departments.
The petition then further says that "the
dispute is in danger of producing and has
produced dscord, contention and lack of
discipline in tho fire and police departments
OF the lity and is endangerng the peace
nd pf n inhnh-
itants thereof" and that for the purpose
OF having determined judicaly the rights
of all defendants this suit is brought, that
due process of law be issued against the
several persons named defendants herein
and that said defendants and each of them
be required to appear before this court and
answer this complaint of the state of Ne
braska showing by what warrant, claim
or regret they exercise, or claim to eXer-
else, the rights, liberties, privileges and
franchises aforesaid, and that upon final
hearing of this cause judgment of custer
be entered against them, or such of them
as in the Judgment of this court not en-
titled to said offices and to the rights lib
critics and privileges thereto.'
The applications for space In the educa-
tional exhibit at the exposition are coming
to State Superintendent jackson very rapidly
now. schools employing over 1900 teachers
having already aTDled. There were 375 ap-
plications today and 1t is expected that by the
first of February fully $500 will get in. The
tomorrow to address a teachers institute
and will visit Kearney, Eddyville, Minden
and York next week, addressing farmers
institutes at each of those places. He ex-
poets to stir up great deal of interest lu
the exposition during the trip.
The petition in error in the case of N. p.
Fell against the Kitchen Bros. Hotel COM |
pany was filed in the supreme court today.
MILLERS FINISH THEIR SESSION.
The Nebraska millers at their meeting last |
- bod tI,A fnll inH off
dent d. NJ. Dean, Seward; secretary, o. c.
Holmes, Omaha; treasurer, A. l.. Johnson,
Crete.
The millers concluded their session this
forenoon. Prof Richards of the University |
of Nebraska appeared before the association
and urged the millers to do all they could
toward getting the manufacturers OF mill
machinery to make a strong exhibit at the
exposition.
A. l.. Dean read paper on "Fishways and
Irrigation" W. l.. May of the Nebraska |
Fish commission read paper on Main
tanning Fishways Over DAMS" and Prof. o. |
v. p Stout of the State university read q |
paper on 1.-The Waterways of Nebraska"
The matter of sending -four to the cuban |
relief commission discussed and 1t was
recommended that circulars be sent out to
the millers of the state asking them to make
liberal donations.
1t was decided that hereafter district
meetings would b' held in different parts
of the state. in order that the millers from
the most distant counties might be en-
abled to attend The first of these meet
iugs will be held on call of the president.
At the meetings a vice president VIII be
elected for each district who will preside
at the meeting in his district
President Dean appointed the following
executive committee for the year: N. b.
Kendall. Lincoln; Chauncy Abbott. Schuy-
Ter; c. l.. Mielenz Wahoo; John Graft, Te-
cumseh; ii. b. Smith, Holmesyile; Ernest
Meyer, Oak; Robert Bridges Fremont. The
railroad committee is follows: N. B.
Kendall, A. l., Johnson and o. A. Cooper
A committee to confer with the Nebraska
Fish commission on the question of having
fshways over dams was appointed, consist