Omaha daily bee., 1902-08-09
new CAPTAINS ARE ON DUTY
NOstyn and Hass Take Oath Of 0fiOe Before
Clerk Kisutsad.
HER AND HAYES WILL CLAIM SALARIES
City Attorney Expresses Opinion that
Captains nnO BE Legally RE-
duced without Charges ana
Hearing ON same.

The new appointees to the police cap
taincy, Patrick Mostyn and Henry P.AHaze,
reported TO the Mercer Board Of Fire and
Police Commissioned yesterday morning
to have their onicial bonds approved. Each
presented a bond for 1900 in the Ameri-
can Surety company. After approving them
the board adjourned to 1880 Monday even
ing and the new police captains, took their
oath OF ONCE before Clerk w. /. Kierstead,
notary public. though II has been customary
heretofore for the mayor to administer such
oaths.
At 10 o'clock Mostyn assumed charge at
the police station. taking the place OF Cap
tain Daniel w. Her. Haze went on for
duty at 8 o'clock last evening, succeeding
Captain Thomas Hayes
For an hour or more yesterday a con-
ference was on in the mayors ONCE, the
mayor, City Attorney, Conneil, Chief Dona-
hue and the two deposed captains OF police
being parties TO II. The matter under dis
cussion was the course to be followed by
Her and Hayes. Both were seen after the
close Of the consultation, but neither would
make known his plans. It Is understood.
however, that they VIII put on uniforms
and walk beats, and then nle claims for
salaries as captains, assuming that the new
BoAEU nhu nU right TO reduce them without
charges being fled I'M a hearing on the
charges. Both appeared in citizens' clothes,
without stars or other insignia Of rank.
'The new Board OF Fire and Police Com
missioners is a de facto board" said City
Attorney Connell. after the conference,
and the reduced captains have no right
to question any act It may perform on the
ground that 1t is not a legally constituted
board. The real question is: Has a board
that is both de iure and de facto the right
to reduce an oficer, to tSc ranks, thereby
indirectly causing his removal, without
charges being preferred? No member Of
either the police or IRE department can be
removed without charges being preferred
and a hearing on the charges. The only
exception to this rule arises when there is
a necessity for the reduction of the forces
to keep the expenditures Of the depart
ments within the funds allowed.
.. 1T Is my opinion that the board had no
right to reduce to the ranks Captains Her
and Hayes and Immediately afterward APP
point in their places Mostyn and Haze.
This In effect is a removal Of old officers.
II 1t can be done today, then Chief Dona-
hue and Chief Salter can be reduced to the
ranks next week. This is manifestly against
the spirit and purpose Of the law.
"An unauthorized removal in the nature
Of those Just made is not only detrimental
to the departments, but is fnapcially In
furious to the city. The result Will be that
Her and Hayes will claim salaries as cap
tains. and II in tho meantime salaries
should be paid to Mostyn and Haze the city
Will be paying four salaries for the serv-
Ices OF but two. odhcers." ~
Mr.. oonnel said he had not as yet begun
work on the petition and, brief in quo war
ranto to test the legal status OF the new
board. as he has been busy trying other
cases in the district court. but he expects
to get at IT BY the frat Of next week. "a