Omaha daily bee., 1902-04-02
chairman.
JOHN T. MALLALIEU, Secretary.
Indicates Mandnmus on Governor.

That the supreme court has decided Il has
authority to mandamus the governor in
the Omaha fire and police commission case
is inferred by attorneys from an announce
ment made from the bench by Chief JUS
tice Sullivan Just before the noon recess
Of court today. This question was the
first one considered by the court, In the
proceedings instituted by G. G, Wright to
compel the governor to appoint a commits
sion. To the attorneys in the case Judge
Sullivan said:
IF you have other questions than the
jurisdictional one you desire to argue the
court will hear you either at this sitting or
the next"
In the argument Two weeks ago the at
torney general mai tanned that the supreme
court. being a c. ordinate branch of the
government, was without authority to ex-
ercise control over the executive branch.
The court at that time made 1t understood
that no other question would be considered
until further argument was made, fer 1t was
admitted that II the court was without
jurisdiction II would be useless to proceed
further with the case. AS the court has
now ~signihed a willingness to hear the at
torneys on the other issues It is conceded
that it has decided to assume jurisdiction.
The court must next determine whether
or not the governor should make the ap-
pointments. II 1t is held that he should dc
so and that the court has Jurisdiction a
peremptory writ OF mandamus will be is
sued as prayed for in Mr.. Wright's petition
In the absence of the attorney general
the states deputy attorney, Norris Brown,
appeared in behalf of the governor and
asked that the hearing be assigned for the
next sitting Of court. The request was
granted.
Hard Work TO Find n
Deputy Labor Commissioner Watson Il
having considerable d~ifhculty finding
a defendant for his proposed man
damus proceedings to test the con
stitutionality Of the law requiring
county assessors to gather information fol-
the State Bureau OF Labor and Industrial.
Statistics. The county attorney of Ian.
! caster says the law will not stand the ties.
and the assessors, acting under his ofAcia
opinion, have declined to take the de.
partment's schedules from the ofhce. The,
say they intend to comply with the law
but thus far none Of them has done so
This morning Mr.. Watson was told that al
assessor in a country precinct was willinl
to be a defendant in his case, but when h,
drove four miles into the country he fount
the man very willing to comply with al
the provisions OF the law. other assessor
took the same position.
Supplies for state Institutions.
The State Board Of Purchase and Supple
was In session all day considering bids 10
furnishing supplies to state institution
during the ensuing quarter. The work will
not be completed until tomorrow after
noon.
Governor Savage and Mrs. Savage, &C
companied by ten members Of the stat
military stan and their wives, will leav
tomorrow afternoon for Kanusas City I
attend the charity ball Of the knights TEN
plar. to be given in the Auditorium Of tina
city Thursday evening. They will retur
the following day and Friday evening tn
governor Will pres'ds at the Nebraska-Colo
radn nnIvereifV hfhafa In this city