Omaha daily bee., 1899-04-11
TgE pBTNCIPLE Ar STAKE.

The attempt of the proprietors of the
notorious Noise resort to force the Board
of Fire and Police Commissioners by
mandamus to issue license to sell
liquor in the face of protests supported
hy evidence of the disreputabc and law
less character of the place would attract
little attention but for the important
principle at stake which goes to the very
root of local government. For this
reason, the action of the police board in
preferring to have the issues settled at
once and finally rather than to accept
the numerous propositions for compro-
mise will have the vigorous support of
the entire community, especially as its
action in this particular case is so
plainly in the interest of law-enforce-
ment and good morals
SO many confusing and misleading
statements have been made in connec-
ton with this bold attempt to use the
courts to perpetuate and protect a tryst-
ing place of blackmailers and gamblers
that a few pertinent reminders may help
clarity the public mind. In the first place,
Nebraska is normally prohibition state
to the extent that liquor selling is pro-
hibted by law except where the people
of a particular locality may consent to
permit its sale by licensed parties under
specified restrictions. No person there
fore is entitled of right to n license to
sell liquor in Nebraska. On the contrary,
in most of the villages and towns
al, n,Iyn
whether liquor selling shall be licensed
or not is determined entirely by the cleo
ton of license or no-license members of
the boards.
If the popular verdict as to liquor
selling is to be carried into effect it must
be by the unmolested exercise of the
licensing power by the excise board
subject only to the right of appeal from
arbitrary or Illegal action. Otherwise n
judge hailing from some prohibition COM
munity might nullify by injunction the
wishes of the people alone affected or,
vice versa, some judge subject to the
liquor influence might by mandamus i'm
pose saloons upon a people unanimously
opposed to them.
The strange part of the present pro.
ceeding is the peculiar position in which
it leaves the judge who is now usurping
powers vested by law exclusively in the
police commission. The issue Of liquor
licenses in Omaha is no different from
their issue in any other city or town in
Nebraska and the principle of judicial
interference is the same. The right of
municipal home rule, carrying with it the
right to exercise all powers affecting
local interests through officers directly
responsible to the people concerned, was
first enunciated from the bench by the
very judge who is now infringing that
principle. If it is denial of the right
the people of the whole state to appoint
the officers vested with the licensing
power is it not an equal denial of that
right for a judge chosen by the votes of
the people of four counties to. exercise
that power to the exclusion of the po-
lice commissioners representing and re-
sponsible to the people of Omaha, who
are alone affected by it?
If the principle of municipal home rule
is to be upheld, it is plain that the right
of municipal officers must be protected
to perform their duties without interfer-
ence by mandamus and injunction from
judges whose titles are derived from
nonresident voters.