Omaha daily bee., 1902-02-16
GOVERNOR SAVLCE'S REPLY
subMits Defense in Omaha Fire and polios
Msndamus Oass.
ATTORNEY GENERAL PREPARES THE BRIEF
Claims Supreme Court Has No Juris-
dictiOn over Executive, that Being
Coordinate Branch of state
Government.
From a Stan Correspondent.)

LINCOLN, Feb. 15,-(Special.)-T de-
Tense of Governor Savage in the Omaha
FIRE and police msndamus case will be
that tie executive department, being a CO.
ordinate branch OF the state government,
is not within the Jurisdiction of the SUI
preme court for direction or control In the
performance or exercise OF executive DOW
ers. The alternative writ, commanding the
governor TO appear and show cause why
he does not appoint a commission, is re.
turnable next Tuesday, but the answer
Of the governor, setting forth reasons why
he has not made the appointments. was
filed in the ONCE Of the clerk of the court
today. The reply as prepared by the attor-
ney general covers not only the point OF
Jurisdiction, but the effect OF the former
decision Of the court In the Moores and
Kennedy cases. In part the attorney gen.
eral says;
Answer of the Governor.
Now comes the respondent, Ezra p.
| Savage, governor Of the state of Nebraska,
waving none Of the rights. privileges and
! immunities guaranteed to him by the
constitution Of the state Of Nebraska, and
protesting against and Directing to the
jurisdiction of this court over him as such
governor OF the state OF Nebraska, to
make any order or issue any writ directed
to him as such governor, commanding or
directing him in any manner pertaining
to the duties Of his once as governor and
files this, his return, to the alternative
writ of mandamus issued to III in the
above entitled cause and shows to this hon
orable court:
This respondent shows to this honorable
court that he is the governor Of the state
OF Nebraska. that by section 1 of article IL
Of the constitution Of the state OF Nebraska
1t is provided as follows:
The powers of the government Of this
state are divided into three distinct de-
partments. the legislative. executive and
judicial. and no person or collection OF
persons being one OF these departments
shall exercise any power properly belong
ing to either of the others except as here
matter expressly directed or permitted
That by section 6 OF article v OF the
constitution Of the state OF Nebraska II
is provided as follows: The supreme ex-
ecutive power shall be vested in the gov
ernor. who shall take care that the laws
be faithfully executed
Not Subject TO Court Order.
This respondent shows to the court that
under these and other provisions OF the
the governor OF this state; he thereby be-
preme executive power is vested in him as
the governor OF the state; he thereby be-
comes the head Of the executive depart
Inent Of the government Of this state. said
department being a coordinate branch OF
the state government and is not subject
to the order or direction OF this court as
to the manner in which the executive pow
ers are executed.
He further shows to the court that the
nature Of the act which the relator seeks
to enforce in this action lie executive and
governmental In its character, and he de-
nles the right, power or Jurisdiction OF
this court to direct or control by mandamus
or otherwise this respondent in the per-
Torrance Of any duty which does or may
dsvolve upon him as the governor Of the
state-the chief OF the executive depart
ment.
He further shows to the court that by
the provisions Of the constitution OF this
state and the distribution Of powers pro-