Omaha daily bee., 1898-06-29
CITY COUNCIL PROCEEDINGS
Resolution Regarding the Fire and Police
Board is Adopted.
SERVES NOTICE ON THE LAw-DtFlERS
Members of Fire and Police Depart
ments Instructed to Report To and
obey Legally Constituted Board
or Take consequences.

The Fire and Police Commission matter
was before the city council last night. IL
came UP on a resolution offered by Mr.. Bur-
mester and was adopted, all OF the mem
bers except Messrs. Burnley and Lobeck
voting yea when the roll was called. The
resolution, which is as follows, explains
itself:
Whereas, The supreme court OF the state
Of Nebraska has judicially declared that
the law which assumed to CONFER upon
the governor authority to appoint ire ana
police commissioners in cities OF the met
rcpolitan class is void and judgment mas
been duly entered in said court IN accord
ance with such decision: and
Whereas. The members of the Board OF
Fire and Police Commissioners OF the Guy
of Omaha appointed by the governor were
so appointed without authority of law
and under said decision and judgment nave
no right, power or authority to act as mem
beers of the Board of Fire and Police Com
missioners OF said city; and
Whereas, The present existing Board OF
Fire and Police Commissioners of the CITY
of Omaha, duly appointed by the mayor
and confirmed by the city council OF SAID
city, have duly organized and constitute
the only lawful and authorized Board OF
Fire and Police Commissioners in said city.
and
Whereas. 1t is desired that the law
should be observed and peace and GOOD
order maintained in the city of Omaha:
therefore. be 1t
Resolved, BY the city council of the city
OF Omaha, the mayor concurring, That the
present existing and only lawfui Board OF
Fire and Police Commissioners OF the city
Of Omaha, consisting of the mayor OF said
city, who is ex-ofIicio chairman of sad
board. and Charles ]. Karbach, Victor Fl.
Coffman. Matthew II. Collins and Peter
w, Birkhauser, four electors of said city
who have beeen duly appointed under the
law and ordinances of said city by the
mayor and confirmed by the city council
of the city of Omaha, is the only lawful
and authorized Board of Fire and Police
Commissioners of said city; and be 1t fur
Their
Resolved, That the several departments
of the city of Omaha, and especially the
chief of police, the chief of the fire depart
ment and the members of the police ard
fire departments of said city, be and here
by are notified and required to recognize
the present. existing Board of Fire and
Police Commissioners of the city of Omaha
comprised of the commissioners heretofore
named, and to make all necessary and
proper reports to said board and to obey
the orders of said board; and, be it fur
Their
Resolved, That any officer Of the fire or
police departments of said city who shall
willfully neglect or refuse to report to said
present existing Board of Fire and Police
Commissioners or to obey any proper order
of said board shall be deemed and con-
sidered guilty of INSTRUMENTATION and no
pay shall be allowed to such officer from
the time of such failure or neglect of duty
and. be it further
Resolved, That the city clerk be and
hereby is required to furnish to the several
departments of the city of Omaha, and
especially to the chief of police and the
chief of the fire department, certified copies
of this resolution; and the said chief OF
police and chief of the fire department
upon the receipt of such resolution, OF
as soon thereafter as practicable, shall
convey or cause to be known to the Off
GERS and men Of their respective depart
ments the contents or the substance Of
this resolution, that said officers and mel
may be fully informed with regard thereto
ConncIi Explains the Decision.
As soon as the resolution was read, Mr.
Bechel moved n suspension of the rules
and the adoption Of the resolution. The
motion prevailed and as the roll call pro
ceeded, Mr.. Burnley said that he wanted
to know more of the supreme court decision
before voting upon the resolution.
City Attorney Cornell explained that tn,
supreme court had reviewed the decision o
Judge Scott and had sustained his finding.
that the mayor had full authority to APP
point and that the city council had the same
authority to confirm the appointment o
fire and police commissioners in cities o
the metropolitan class. The court had fur
ther held that the governor had no authorit!
for making such appointments and that con
sequently the members of the old boart
were illegally holding the positions to whicl
they were named by Governor Holcomb.
Notwithstanding the explanation of tn,
city attorney, Mr.. Burnley noted no.
Mr.. Lobeck voted no, saying that h
thought that the supreme court had re
versed itself and that it had acted Illegal
in holding that the members appointed b
the mayor comprised the only legal Fir
and Police commission.
The appropriation ordinance. includin
general and special fund expenditures, wa
introduced and referred. The ordinance in
cluded items aggregating 1905 SAB. OF thi
sum 1913, 023 is for hydrant rental, SEQ, SO
in payment of the Barber Asphalt com
pany's claims and most of the balance fC
general municipal expenditures. All of til
items in the ordinance are covered by tn
proceeds of the bond sale made some tim
ago, and as the money is now in the treas
ury funds are available to take up and cane,
all of the claims.
Comptroller Westberg reported that /
had refused to certify to So, TAG of Jail cor
structiop bills for the reason that the Boar
of Public Works had failed to designat
from what funds the amounts should /
paid.
Settlement of Vinduct Claims.
Mayor Moores vetoed the resolution il
structing the comptroller to settle the vi;
duct controversy, recently passed upon |
the United States supreme court and d.
cided in favor of the city. The mayor sa
that in his judgment the comptroller, Il
city attorney and the council
viaducts and railroads should constitute Il