Omaha daily bee., 1902-08-05
LEGAL STATUS or. THE CASE
city Attorney Council Talks ofsCon-
ditions and the Proposed
Litieasion.

l. Litigation
city Attorney couneIl last night made
the following statement:
''The possession obtained by the newly
appointed governors board is In the ma
ture Of forcible possession and 10 no man
ner changes the legal rights Of the member
OF the c~ontending boards. There WAS no
consent or refusal on the part Of the old
board to turn over the once to the gov
ernor'h appointees. At q meeting Of the
board In the afternoon before II was known
who had been appointed a resolution was
adopted authorizing and directing the city
attorney to take such actfon as he might
deem proper and necessary to protect the
members Of the old board IN their rights
to the onieeg held By them. within half
an hour after the sction so taken and ad-
tournament Of the board the governors APP
pOintees entered the once while It was IN
the custody Of q janitor an4 refused to
] leave. The MAYOR. accomnanied bf the city
attorney thereupon entered the ONCE for
the purpose OF ascertainine the situation
and was informed BY Mr.. Wright and Mr..
Broatch that they, together with Mr..
Thomas and Mr.. spratlen had been APP
pointed member Of the board by the gov
ernor and submitted to the mayor their
commissions for his inspection. The mayor
responded he had no douBht that the COM
missions were signed By the governor. but
ne could not recognise them As members
Of the board. Mr.. Wright then made one
motion. which the mayor refused to enter
tain or consider. The mayor stated that
he could not act with them and would
therefore retire.
ut was suggested by me ae / entered the
/ -0an- 49, a. A~a.h.~- - - .ga A@nnl
be called together by the mayor as early as
10 O'Clock tomorrow morning for the pur-
pose Of considering the demand Of the
members Of the new board and either con-
sent or refuse to comply with the same.
This was not satisfactory to Mr.. Wright,
who acted as spokesman for the members
Of the new board. to which / replied that
the possession taken wouldftheA be conaid-
cred as forcible posseasiet. = +
soon after the mayor had retired he
had a n intervies, - ! am informed. with
Governor Sewage at the Willard hotel and
was told in substances by tho governor
than he proposed to seat the member ap-
pointed By him II 1t took the entire mill
itia Of the state to do Il. Mayor Moores
said In reply that there would be no necss-
sity for extreme acti0n, a. he VAS notln
favor OF violence OF any disturbance Of the
peace. Mayor Moores may not bg Al angel,
but No certainly is not es black - be ia
sometimes painted. No one who knows his
army record viii question his foarlessness.
but in this matter / thfnk he acted most
wisely and discroetly. II would have been
a great injury to Omaha to have Il reported
throughout the co1ntry that thafe was 9
conflict between she mayor and police on
one side and the goveFnoF and militia on
the other. II there Is any one thing more
than another that demonstrates the cor
rectness Of local self government and the
justice Of the original decision Of the SUI
pfeme court in favor Of horns rule Il IL the
secret and arbitrary and proposed violent
manner OF the governor IN seating his own
eppointees for the purpose Of controlling
the police and IRE departments Of the city
Of Omaha. 0e
TN regard to the action Of the old board
oontssting the right Of the members Of
the new board proceedings IN : peaeeabie
and orderly way vln be taken In the courts
to vindicate and establish thar contsntlon.
This will be done BY an action, in the
nature Of quo Warfonto. have no doubt
about the ultimate outcome OF such an
action n law and iuttiee are 70 prevail.
The questions which win Be raised In the
proposed action are not In any manner
covered or determined BY the Feeept d.
elsiea Of the supreme court In the case Of
Wright againat Savage. In fact. the deol-
eion n thla case clearly recognises tho
right o. ak least enc member ct the old
board 10 hold hts omce ard IN express
terms declares that the judgment IA the
Moorss case is res adiudicata 90 far as the
rights Of The members Of tie cid board are
concerned for the terma 70 which they had
been appointed. Commissioner KenRedy.
who was one OF the defsndtnte IN the Ken
NEEDY case. obtained q Judgment II HIS favor
for the term which he. IL still occupyinr
His term Of once. which was IN o0ntrs-
vtrsy before the supreme court. will not
expfre until Aprfi. asa1. Notwithstanding
THE fact and Notwithstanding the express
favor Governor Savage has appointed an
term expires and then declared IN substance
that he would remove Kennedy ana seat
his oWn appolntes though The streets OF
Omaha should be delueed With blood.
IN the proposed action Of quo Warrhnto
/ shall rely largely on the judgment rend
cred BY the gupreme court Ia the Kennedy
case. which Judgment was IN favor q NJ.
Kennedy sud the other membcfs appointed
By The mayor and council. 1ustaining thelt
plea that the judgment IN tie original
Moores ceee wae res adiudicata n seems
20 me that a 4 now merely q question
whether the changed views Of the judges
Of the supreme court are 20 prevail or
whether the solemn iudeaants q that court
shall control.
The great barrier AID preventive Of an.
larchy IN this eoe1ksx are ne