Omaha daily bee., 1902-09-19
QUO WARRANTO IS ALLOWED
Supreme Court sustainS the Application Of
City Attorney Cornell.
MEANS END OF MERCER-BRoATcH BOARD
Mr.. ConneII Says Members Of Present
Board Are Mere Usurpers
and Are Bound TO he
Ousted.

Word has been received from Lincoln that
the supreme court, after carefully consid-
ering the application Of City Attorney Con-
nell. has ordered the filing of the informa-
ton in the nature Of quo warranto against
the Mercer-Broatch-B Baldwin Board Of Fire
and Police commissioners.
The application was made upon the con-
vening Of the present term of the supreme
court, when the information was submitted
to the judges for their inspection and for
such order with reference to filing the same
as might be proper.
AS there is no dispute regarding the facts,
1t was recognized by the members Of both
boards and their attorneys that the action
Of the court in allowing or refusing the APP
plication of City Attorney Connell would
probably be decisive of the rights of the
parties.
City Attorney Cornell upon being asked
as to the effect OF the order made by the
supreme court, responded: ut is the be-
ginning Of the end. The members of the
present acting board are mere usurpers and
are bound to be busted as certain as that
law and justice will prevail"
Difference in Cases.
The city attorney further claimed that
the questions and issues now presented to
II SupiNult NOulI 4 ChNAAtAy AAASANh
from those passed on by Judge sedgwick
in the recent case OF the attorney general
against Governor Savage. He also stated
that without reference to the rights OF the
citizens Of Omaha to local self government.
the members Of the old board appointed
by the mayor and council must win in the
present proceeding under the judgment
rendered in their favor in the Kennedy
case, which determined that the former
judgment in the Moores case was final and
res judicata.
On the question Of res j~udicata City At
tnrnay Cnnnell claims both Judge Sullivan
and Judge Holcomb are committed In the
most positive terms, the former by a clear,
able and unassailable opinion In the Moores
case and the latter by a positive and
pointed concurring opinion. -i-r1 '"
The information filed by City Attorney
Connell sets forth in detail the judgments
and proceedings in the Moores and Kennedy
cases, and alleges in positive terms that
both judgments are res judicata and espe-
cially that the judgment in the Kennedy
case conclusively and finally determined
that the Judgment in the Moores case was
res judicata.
Savage and his recent appointees the in
formation alleges:
That in violation of the rights of the city
of Omaha, it's citizens and inhabitants and
in violation of the rights and power of the
the Board of Fire and Police Commission
ers, and In violation of the appointees OF
the mayor and city council as members
of the Board of Fire and Police Commits
sioners, and in gloss and fragrant violation
Of the rights, duties and privileges of these
realtors: Ere savage, acting governor OF
be his duty to appoint members of the
Board of Fire and Police Commissioners
/ August 4, 1902. did appoint the said respond
ent, Joseph w. Thomas, as a member OF
the Board OF Fire and Police Commission
Monday in April, 1906; William ]. Broatch
for the pretended term ending the first
Monday in April. 1905; Carl c. Wright, for
In April, 1904, and Lee w. Spratlen, for the
pretended term ending the first Monday In
April. 1903.
Hold ONCE WrOnEfuIy. r.
These REALTORS further allege that for the
purpose of wrongfully and unlawtully, and
citizens, its mayor and council. and these
REALTORS, obtaining possession of the office
the Office Of the Board of Fire and Police
Commissioners, and possession of the
records, books and papers in said once
dispossessing these REALTORS, the. said gov
ernor did suppress the fact of his having
made such appointments and did secretly
wrongfully and in violation of the rights
hereinbefore specified enter into a combina'
to secretly and forclbly obtain possession
of said books, records and office, and e
that end did come. TO Omaha and personally
deliver said appointments to his said ap
pointees, and did suppress such fact unit
his said appolntees had pretended t.
await the action of said appointees.- which
had been agreed upon, for the obtaining
by stealth the said ONCE, books and records
that thereupon, to-wit, about 4 O'Clock Il
.-le afternoon Of said day, the said Broatcl
(who is the Identical Broatch who was 4