Omaha daily bee., 1902-05-22
History Of the Commission.

HtstOry OF the Com mission.
The original law creating the police COM
mission was enacted in 1887 and vested
the appointment OF the commission In the
governor. The reason for it's enactment
was that It was thought it would take the
FIRE and police departments out Of poll
tics, but sad experience has shown that 1t
has had rather the opposite result and
that the commission and the departments
under its control have been a foot ball of
politics almost continuously until the SUI
preme court, three years ago, ruled that
the government Of the fire and police de-
partments belonged to the municipality un-
der the principle of municipal home rule.
The first fire and police commission law
was subject to a test case, resulting in a
decision in the supreme court in favor of
the appointees Of Governor Thayer. who
was then in the executive chair. Suisse
q%uently, when Governor Boyd, the only
democratic governor OF Nebraska, under
took to make appointments to the police
commission. out Of the regular time, the
supreme court held good the claims Of the
men appointed by the de facto governor.
The republican legislature in 1895, to cir
the power Of the populist governor, Gov
ernor Holcomb, changed the law to vest
the appointment Of police commissioner
In an appointing board, consisting Of two
republican state ~ofieials in addition to the
governor. and making the governor only g
powerless minority. This Law was upheld
by the court after contentious litigation
but simply to the. extent OF deciding be,
tween two sets OF appointees, each claim.
ing the once under a statute which de.
prived the people Of Omaha Of any voict
In the appointment.
Homo Rule Finally Established.
When the popnlist legislature OF 1882
repealed this law and sought TO rcstorI
the appointing power o. the governor,
similar contest was started before the su
preme court, but the court refused to en-
terrain the case, because the plaintiff wa
not In position to raise the point of con
stitutionality, inasmuch as he was claim
Ing, under a law violating the home rul,
principle, precisely the same as the on
be was attacking. Finally. acting on tn,
theory OF the law laid down by Judg
Scott, In a case brought before him in tn,
district court, the present board of fire an
police commissioner Of Omaha was creates
and appointed by the mayor and council
In 1928 and another test case brought, pre-
senting the case Of municipal home rul
squarely. This case. known as the Stat
against Moores, resulted in a decision ub
holding the right Of the city to municipa
nome rule In the matter of appointment
OF nre and police commissioners. as agains
the Intervention OF 9the legislature or tn
governor exercising appointive power con
ferred on him by the legislature. Whe
the personnel ofrthe supreme court change
two years ago the hope that this woul
change the judgment Of the court was uss
to induce Governor POINTER to name a ne,
set OF commissioners, under the law al
ready declared void, who endsavorea I
secure possession by presenting thei
| claims once more to the supreme court
r in this case, known as the State agains
Kennedy. the court again confirmed tn
9 titles OF the present commissioners, an
A pointed by the mayor and council, and de
y elared that their right to hold under tn
{ FORMER Judgment could not be disturbed.
: Beginning of Latest Case.
= During the spring of 1901 charges wer
nled against John Redsll, then chief OF tn
, Omaha fire department. and the board pre-
: pared to bring him before it for trial. Re
I, dell entered the district court and secure
an Injunction, based on the contention tha
the board, being a creation OF the council
had no authority to appoint or remove an
member OF the fire or police department.
HeeNN was taAeu 10 the buprem
court the case being known as Rede
against Moores. and an opinion was hande
down on December r. 1901, which under
took TO overturn the decision in the cas-
OF the State against Moores and revive tn
legislative act vesting the appointment
the Omaha hre and police board In the GOV
ernor, The opinion was written by Con
missioner Alberts and was eoncurred In b
Justices Sullivan and Holcomb. Chief Jus
tiee Norval dissentsd. holding to his view
already expressed In the case of the Stat
against Moores. Under this decision appl
cation for a writ OF .mandamus to comp,
the governor to appoint q board was mad
by @. G. Wright as rslator. The Albert
opinion confirmed the right of the commits
s~ioners to control the departments undt
its authority and denying the contentio
set up in the Redell aDpIication for intnn,