Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-19

Miller, W. ]. Broatch and j. w. Thomas
constituting the Board of Fire and Police
commissioners, severally made personal
statements to the governor regarding their
sincerity in Office and the beliefs they en-
| tertained as to what they thought their
duties as commissioners were.
Mr.. Mahoney then stated he and his as
sociates had tried for three years in Omaha
to secure an enforcement Of the SlccImb
law and would agree to dismiss the charges
then and there II assurance would be
given that the law would be enforced la
the commissioners henceforth but that
| assurance WAS not Forthcoming.
The governor concluded the hearing Ivy
reading the opinion of the attorney gen
eral and stating the decision on the case
would be rendered as soon us he mad taken
the whole matter under mature advisemeit.
Attorney Generals Opinion.
| Toward the close of the hearing the gov
ernor read an opinion received a few days
ago from Attorney General Norris Brown
on the duties and powers of the Omaha
fire and police commissioners. After
quoting the law in the matter the attorney
general wrote:
| the duty of enforcing the law in cities Of
the metropolitan class is lodged with the
mayor ana police board; Of which the
! mayor is eX-ofhcio member. Such board
appoints chief of police who has the
| supervision and control of the police force
OF OF. the the city nj subject TO- the order Of the
missioners. Therefore, II the law against
| the sale of Intoxicating liquors on Sunday
Fire and Police commissioners, who are
given the authority to direct and super
wise the chief of police and police force
enforcement Of the law on the part Of the
/ Board of Fire and Police commissioners
would in my opinion, constitute ''icglect
! of duty" and would authorize you to re-
move them from Office
That opinion, when read by the governor
| had a visible effect on the police commits
sioners, Member Thomas suggesting to the
governor that he be not guided only by
that opinion, but seek further legal en-
lightenment on the subject
! Governor Mickey said he arranged for the
hearing in Omaha for the convenience of
the parties concerned. He left last even
ing for Lincoln. from where he will an.
nounce his decision
What the Charge. Are.
Briefly the charges brought by T. J.
Mahoney, a. r. Somers, C. s. hayward
;IHaac w. Carpenter w. T Graham, and
Warren Swtzler for the Civic Federation
through Attorneys Elmer E. Thomas and
T. j. Mahoney. accuse the members If
the Board of Fire and Police Commission
ers with misconduct OF office. the more
specific charges being neglect and refusal
to enforce the law of Nebraska regarding
the sale of intoxicating liquor on sun
day, encouraging brewers and saloon keep
ers for three years to break the laws and
failure to discipline Chief of Police Dona-
huse and members of the police depart
! ment for failure to enforce the law. Tho
kentire defense of those charges centered
! around the contention of the commission
ers that they had no power to enforce the
laws. but merely had jurisdiction of tho
internal affairs of the police and fire de.
partments. 81, -.
The hearing was fraught with several
| dramatic features. not the least being the
l,remarks of Judge McHugh, who, by in
ference, brought into question the mo-
tives which prompted the charges filed
against the commissioners and placed a
cloud over the sincerity Of the. Civic Fed
Grafton representatives filing the charges.
Judge McHugh took his leave Immediately
after presenting his side of the case.
His reference to the motives aud sir
certify of tho plaintiffs received a sharp
eJoinder from I, ]. Mahoney. who sail
the defendants were not above reproach.
to which SALLY. Commissioner Thomas said
he (Mahoneyi was in the same position.
DR.. MiIIer's Position
The hearing was intensified by the veneer
able DR.. George l.. Miller, who stated with
much fervOr that IL touched him 10 the
quick, in his seventy sixth year OF life and
hfy-second in the city, 10 be charged with
misconduct OF Office and violation OF his
oath His voice faltered as he made th's
statement TO the governor. He said there
never had been blot before on his good
name. and the present charge Rrieved him
much, The doctor was visibly affected Tho
governor endeayored to pacify him by say
ing he had been appointed to the, Office
of commissioner ON account of the conf
dence the governor had in him, and further