Omaha daily bee., 1906-09-08
MAYOR FIGHTS FOR TON LEE
rahlmau, ovsrriddsn BY Council, Resists
Its AppOintes for City Prosecutor.
SAYS He WILL CARRY CASE TO COURTS
Daniel Proceeds 10 Qualify, but Chief
Executive Notiaes Police Judge
and once 60 Recognize
Present Incumbent.

As n sequel to the election of II. g..
Daniel TO the city prosecutorship by the
city council at special meeting Thurs-
day afternoon Mayor Dahlman called at
police headquarters Friday morning and
Informed the police judge and police OF
fcials that only Tom Lee, present city
prosecutor, should be recognized as hold
ing the Office in question. All Of which has
stirred up something of hornets nest
in local politics.
II certainly shall resist the election OF
MIR. Daniel by the city council Thursday
afternoon" said Mayor Dahlman. 1T Is
possible l am wrong in this matter, but 1
intend 20 stand for what | believe my
rights and let the matter be determined
by the courts IL necessary"
IT is the contention Of the mayor that In
view of no appointment having been re-
ceived from his ONCE by the council Tues
day evening the council had right and
should have proceeded to elect a city
prosecutor, but failing to take advantage
Of that right the appointment continued
TO rest with tho mayor. he commended
Lee Insists ON staying.
The mayor feels confident he will win
out in his fight against the action OF the
council Thursday afternoon. And in the
meantime Lee Is holding down the office
by the grace of the mayor and possession
OF the office. He says he intended to act
as city prosecutor. until the courts declared
he must leave, as he maintains the election
Of Mr.. Daniel was not legal.
There is much difference of opinion re-
garding the legal status of the case and
present indications are that IL will take a
Judge to declare who will be city prosecu-
tor.
City Attorney Burnsm Is Of the opinion
that the council could not have taken any
lcticn Tuesday evening, as an appointment
from the mayor might have been received
any minute up to adjournment. There is
40 question in the mind of Mr.. Burnam
that the election of Mr.. Daniel Thursday
afternoon was quite in order and will hold
good, according to the provisions of the
city charter, which say that the mayor
shall submit name each regular meeting
and in the event Of his failure to do so the
council is empowered to fill the Office by
election.
ConnelPs views of II.
w. ]. Connell. who was questioned on
the subject, said several legal points were
involved In the matter.
III, as some contend, both mayor and
council allowed the appointment to go by
default last Tuesday evening, then Mr.. Lee
will continue in Office as a holdover'" sold
Mr.. Cornell.
Mr.. Connell Is inclined, however. to the
opinion that the council proceeded irreg-
ularly Thursday afternoon by not consid-
ering the mayors appointment which was
before them and in the hands of the city
clerk. He thinks II should have taken
some cognizance of that appointment,
which contained the name of Louis j.
Patti. Mr. Connell did not think the coun-
Gil could properly have made an election
Tuesday night and also thought the spe-
cial meeting out OF order inasmuch as the
mayors appointment was in the hands OF
the city clerk before that meeting wal
called. to order.
Herbert 8. Daniel said Friday morning
he would proceed to file his bond and quail
Ify in the usual manner and meet develop
ments as they arise
Mr.. Daniels bond will be before the coun
Gil for approval Tuesday evening at tho
regular meeting. At the same meeting the
mayor will present to the council another
appointment for the Office of city prose
cutor.
In the event of Mr.. Lee refusing to sur
render the office to Mr. Daniel on demand
the latter WILL tits reported, institute quo
warranto proceedings in the district court