Omaha daily bee., 1899-02-04

the ordinances of the city of Omaha and the
rules of the Board OF Fire and Police Com
missloners in respect TO the granting OF
liquor licenses; and, in that behalf, alege
that said Walter Noise G. Co., under
one license have been carrying on
during the year 1898 two places OF
business. wholesale and RETAIL as herein
before set forth, and have allowed and per-
mitted the said Jack Norton, alias J. Low
enstein to actively conduct the same and
to allow said retail place to become resort
of the character hereinbefore stated wherein
the commission of crime was planned and
criminals protected, and at which, as the
said Walter Noise & Co. we'll knew, the
police could obtain no information, but were
baffied in every way possible"
1t was also fatty denied, relteratively,
that Noise Co.'s petition had been signed
by thirty residents of the precinct and the
charge was made that, in addition to the
fact that many of the signers were not
residents at all, a great many names had
been put on the petition by others than the
persons whose names the signatures pur-
ported to be. This was equivalent to an
allegation OF forgery and it made the client
of Mr.. Wright vince somewhat. In this
connection the answer read
"a number of said pretended or purported
signatures were never made by the parties
whose names appear thereon as signers,
but were signed by other and different par
ties: and in that behalf the said respondents
further sllege that a gross and unjustifia-
BILE imposition has been attempted by said
Walter Noise & Co. on said board of Fire
and Police Commissioners
Testimony or Norton.
Then the record OF the testimony given by
Jack Norton in the gambling case against
him before Judge Slabaugh was raked up,
based upon a transcript in the possession
of the board. straight denial severally
and collectively was made in the board 3
behalf OF Noises insinuations respecting Me
Tom Dennison prosecution couched in ths
words:
'The said respondents further answering
deny that at any time they have been act
ing together or in any manner conspired
among themselves or for their own personal
interests or through spite toward said re-
lators or for the purpose OF intimidating
and coercing said relators, have refused to
allow said application or grant said license;
and each OF said relators for himself eN
pressly denies that he has become interested
in sustaining one Thomas Dennison or his
partners or confreres in the business OF
gambling or running a policy shop in the
city OF Omaha"
The Dennison case has had nothing TO do
with the matter whatever said the docu-
ment.
Finally the court itself found the gauntlet
flung at it by the board, as a challenge to
judicial Interference. The board proposes TO
act within its own discretion in the matter
of granting licenses and with a conscientious
regard for the sacred character OF the Oaths
OF its members, The following language
was used for Judge Scott's particular benefit
THE action OF the members OF said Board
of Fire and Police Commissioners in the
of said application for liquor
license by said Walter Noise & Co. and in
the matter Of granting or refusing the same
is a matter OF judicial discretion in the ex-
ercise Of which the members OF said board
should be allowed 10 honestly exercise their
own judgment and discretion, as each OF
said members alleges he has done and pro-
poses to do and in accordance with their
own consciences respectively, and as they be.
lieve in the best interest OF the city Of
Omaha and for the protection OF the COM
munity, as each OF said members alleges he
has done and proposes to do, uncontrolled,
unfettered, unhampered and without en-
barrassment by reason OF the granting of any
writ OF mandamus or other writ command
ing or requiring these respondents or any
oi them 10 take action which they honestly