Omaha daily bee., 1902-07-29
OCONNOR CLAIMS A PLACE
Surviving Member Of POyntsr Police Board
Demands His Seat.
INSISTS HE IS A DE JURt MEMBER
New Complication Growing Ont of
h supreme Courts Latest Opin-
ion In the Matter of the
Omaha Commission

j. ]. O'Connor now is, or claims to be,
q member OF the Board Of Fire and Police
commissioners.
When the board met in regular session at
its once in the city hall Monday afternoon
O'Connor was there with a written appli-
cation for permission to participate in its
deliberations. He also had his commits
sion as a member OF the board, issued to
him by Governor Poynter and bearing date
March 16. 1900, to expire April 1, 1903. He
claimed that under the last ruling Of the
supreme court the commission is vitalized.
"Th way the matter stands now" said
he, II am the only legal member Of this
board. You are de facto members, but
I am both a de facto member and a mem
Der dc jure."
The other members seemed deeply i'm
pressed by this, and none had the hardi-
hood to contradict the His APP
plication was ordered placed on file.
II had no idea IT was as bad as that"
said Mayor Moores, but II you say so, II
goes. Meanwhile we shall 30 pleased to
have your society. Have a chair"
Z do / understand that / am to be per-
mitted 60 participate in your delibera-
tions?" asked O'Connor.
How about that, gentlemen" asked the
mayor, turning to Members Collins. Ken
nedy. Mead and Heafey. rs he?"
Allowed Him TO Take Part.
Well" answered Kennedy, we're not
going to deliberate very much today. Here
are applications from hve fremen who want
. ten-day leave Of absence each. and after
that will come the adjournment"
'It does really seem that the FIVE Of us
ought to be enough to do that" said Col
Inns.
Were solid on allowing these leaves OF
absence" said Heafey. Nov II you'll prom
ise not to outvote us, Wen let you sit in"
That's agreeable to me-" said Mead.
so, as there seemed to be no objection to
''the new member" sitting at the table
permission was granted by tacit consent,
and the question was not put to a vote.
o'Connor retained his seat during the SEES
sion. When the vote was called on whether
the leaves Of absence should be allowed.
he voted af1rmatively with the others, and
he also voted on the motion to adjourn, but
the secretary did not record his votes. a
tact which he affected not to notice. The
greater part of the session was given over
10 chan similar to the foregoing.
Appointed by POynter.
Attorney ]. j. O'Connor was appointed as
q member Of the Board of Fire and Police
AOulIllonAOhNl ~ q Va ~ yNoA .
March 1s, 1900. To serve with him on the
board the governor appointed Harry Mil
Ter, william ]. Broatch and DR.. J. H. Pea
body. Miller was to serve one year,
Broatch two years and Peabody four years.
Since the terms of Miller and Broatch have
expired and DR.. Peabody has resigned.
o'Connor Is the only member Of the board
created by Governor Poynter who has even
a shadow of a claim upon the once.
The Miller : Broatch = Peabody : o'Connor
board was a board In name only, since 1t
never performed the functions Of its Office,
It having been held by the supreme court
In the fall OF 1899 that the act of the leg
~islature which placed the power Of APP
pointment in the hands Of the governor
wat unconstitutional.
At the time of o'Connor's appointment
another board, appointed by the mayor.
was holding ONCE in Omaha. The attor-