Omaha daily bee., 1902-09-19

together with his co-appointees Ioseph w
Thomas, Carl G. Wright and Lee w. Sprat-
len, proceeded to the city hall and by
stealth and force, at a time when these
REALTORS were absent. obtained entrance to
said. office and forcibly, wrongfully UNI
lawfully and by stealth did secure and
hold possession of said office and the books,
RECORDS and proceedings relating thereto.
and have ever since continued to hold the
same, pretending and claiming to be the
lawful members of the Board OF Fire and
Police Commissioner OF the city of Omaha;
that Immediately upon entering said office
in the manner aforesaid the said Broatch,
quested and required by the mayor Of said
on the part Of the city attorney Of said
city that said Broatch, Thomas, Wright
and S~pratlen should come before the board
comprised of the appointees of the mayor
who would have special session at 10 o'clock
the tolloWing day; but said Broatch,
aecede to said request and REUSED 70
vacate said office and claimed that they
were in possession thereof and would hold
the same as against the said mayor and
the said REALTORS.
Realtors Not Negligent.
That thereafter. to-wit. on or about Au-
gust 5, 1902, the said REALTORS made due de-
mand upon said respondents in said office
while the said respondents were pretending
10 act as members of said Board OF Fire
and Police Commissioners. to vacate said
office and to turn over the same, together
fully and unlawfully obtained by said
respondents, and the said respond
demand. Thereupon these REALTORS, under
the advice of the city attorney, and for the
purpose Of maintaining the good name of
the state of Nebraska. and especially of the
city of Omaha, did refrain from taking
any action in the way OF force or violence
which II would have been necessary to
have done to obtain possession of said
office and said books and papers, but rely
ing upon their rights in the premises and
tho N1H ~ d 1 h 5000 -
which reference has been made, have
awaited an opportunity to present this,
their information, in the nature of a quo
warranto to this honorable court. with the
firm reliance and belief that this honorable
court will redress the great wrongs which
have been done them, and will restore them
to their right to said office and to said
books, records and papers. and to the right
which they have peaceably enjoyed down
to the commission of said wrongs and
grievances of conducting the affairs of said
Board of Fire and Police Commissioner
Of said city of Omaha. And the said re-
lators allege that all of said actions and
proceedings Of said respondents herein were
wrongful and unlawful and were against
and were to the damage and prejudice Of
the rights of said city of Omaha and to
the citizens thereof. and to said mayor and
council. and to the great wrong OF these
REALTORS, and were against the peace Of the
state of Nebraska.
The r~elatsrs. therefore, pray that the
judgment of this honorable court may be
made and entered herein that the said
respondents, and that each of said re-
spondents, be declared not entitled to the
said offices as members Of the Board Of
Fire and Police Commissioners of said
city Of Omaha or to any of said offices
and that 1t he declared that they and
each OF them have wrongfully and forcibly
usurped said offices and obtained possess
sion of said books, records and proceed
ings and that 1t may oe further declared
that these REALTORS. are the rightful and
lawful members of said Board of Fire
and Police Commissioners and as such
are entitled to the said office provided for
said board aud to the said records, books
and that they be restored to the rights,
Privileges and emNIments OF which they
of said respondenI q Band that said respond
erts and each of Them be ousted and re-
moved from said offices and for such other
and further and different relief in the
premises as may be just and legal and as
may be necessary to fully protect these
realtors and as may be proper or neces-