Omaha daily bee., 1902-02-16

vided therein this honorable court is denied
the right to exercise any power properly be-
longing to the executive department and
he, therefore, denies the right, power or
Jurisdiction Of this court to in any manner
interfere with or direct or control this re-
spondent in the exercise of executive
powers or in seeing that the laws Of the
state be faithfully executed.
Denies Jurisdiction in the Matter.
"He further shows to the court that upon
taking his seat as the governor Of Nebraska
he was required by the constitution to and
did subscribe an oath to support the con-
stitction Of the state of Nebraska accord
ing to the best of his ability; that, with all
due respect to a coordinate department OF
a government of this state, he denies the
Jurisdiction Of this court over his person as
governor of the state OF Nebraska, denies
the Jurisdiction Of this court over the sub
ject matter involved herein and denies the
right of this court to direct or command
him any way as the governor Of the state"
Continuing, the attorney general calls at
tentton to the former decisions OF the court
in the Moores and Kennedy cases, both Of
which held that the governor had no legal
authority to appoint fire and police commits
sioners for Omaha. AS to this holding the
attorney general says;
THE judgment entered was conclusive
and binding upon the state Of Nebraska, the
governor thereof and all parties claiming
title to said once through said governor.
This respondent shows that this said court
then had Jurisdiction OF the subject matter
Of said controversy and Of the person OF
said parties and thereafter judgment was
entered therein said cause finding the is
sues of fact and OF law In favor Of respond
ents therein and Diminishing the petition OF
the state by It's attorney general. And this
respondent alleges that said adjudication Is
and was binding and conclusive upon all
parties thereto and by reason thereof the
relator in this cause is estopped to insist
or urge that II Is the duty OF this respond
emit to appoint FIRE and police commits
sioners for the said city OF Omaha.
Former Judgment Stin Effective.
And the governor OF the state Of Ne
braska was by said action adjudged not to
possess the right or power to appoint a
board Of FIRE and police commissioner for
the city Of Omaha. This respondent alleges
that the judgments Of this court heretofore
entered in the two proceedings referred to
in this return are still in full force and eff
feet, the same never having been vacated,
reversed or set aside by this honorable
court. A copy Of the judgment OF this court
entered in the last above entitled cause is
attached, heretofore, marked exhibit B, and
made a part hereof.
This respondent further shows to this
court that since the decision Of this hon.
orable court in the case OF the state on the
relation Of Constantine j. Smyth, attorney
general, against Frank e. Moores, William
c. Bullard, ct al, being the FIRST proceed
ing brought by the attorney general and re-
ferred to in this return, the once OF the
board OF FIRE and police commissioners of
the city Of Omaha has been filled and is
now filled by persons appointed thereto by
the mayor of the city Of Omaha and such
Officers have been and are now performing
the duties OF such board"