Omaha daily bee., 1906-10-19
Governor Mickey Listens to Arguments on
Matters at Issue,
FAITH OF cosPLAINANTs is QUESTIONED
Judge koHugh Insists that Prooee dines
Should Be Against Mayor
POWER OF POLICE BOARD NOT DEFINED
Defense Insists that Law Does Not
Clothe u With Authority Ascribcd
by the Complaining Members
of Civic Federation.

The temperance Of the Civic Feders tlr,.
as an active factor I'm Omaha affairs iizt
| on the eve or another elections cr-
| incidence to which Omaha people arr Lea
| coming accustomed, was marked Nv
questioning reference as to the faith Of tho
movers In the hearing before Governor
Mickey at the Mllard hotel Thursday after
noon. Judge W. d. McImgh. who appes rcd
| on behalf of the accused members cf the
Omaha Fire and Police commission, in
sisted that the mayor is charged with the
execution of the laws IN Omaha. and NOT
the commissioners. on behalf OF the COM
! missioners Judge McHugh offered a d.
murrer to the charges
Quoting from section sOs of the Com
| piled Statutes he defined the duties OF the
| board as being the appointment re-
moval, government and discipline Of :he
fire and police departments" coutcnding
| that none of the powers Granted TO thu
board contomplates administration of law
| and that nowhere does the law specifically
| state the board shall enforce laws or Ne.
! braska. The judge said the city charter
| vests enforcement of state laws and city
| ordinances in the mayor. Ho offered To
| show legislative intent in this resHrd by
referring to the city charter OF 1887,
of the peace"
Evolution of the Mayor.
THE mayor emerged from comparative
| obscurity i'm 1887 to chief executive Of
! ficer, as well as conservator OF the peace
! in 1891, when the mayor became the man
in charge, with the chief OF police under
! orders of the mayor and police commits
| sion, the latter necessity in the schen"
| of government" declared Judge Nc
| Hugh, who made further reference 10
| the statutes to show the chief of police
| becomes direct public officer under tho
mayor. He said the commissioners had
| been branded as malefactors because they
| had not usurped the functions of mayor.
Then the governor interposed to ASK
whether the judge did not think the board
had right to regulate the saloons, inas-
much as IL had power TO grant or revoke
| licenses. to which the Judge replied that
| in the enforcement or law lto oontendcd q
| made no difference what the offense was
the board had not the power to enforce
| the Law.
| II Federation is sincere.
| "If the Civic Federation members.
| they say, seek to compel recreant officials
| to enforce the law, why do not they pro
ceed against the mayor" asked Judge Nc
Hugh. TN November, 1904 Mr.. Thomas
| filed charges in the district court against
| the late Frank F. Moores and Chief OF
Police Donahue. seeking to compel them To
enforce the laws, but that action was not
prosecuted. II the Civic Federation is
| sincere in compelling recreant officials to
enforce the law, let It proceed against the
mayor. And. again, If the Civic Federation
is staggering under the weight Of respon-
sibility Of bringing violators of law Ia
1 tha-a 10 tha ~ af xvI.
is sworn to proceed against persons against
whom evidence is brought" continued
Judge McHugh.
Then the Judge referred TO the plaintiffs
as "all honorable men" with such repeti-
tion as to bring the encomium into curl
Gus light He said these honorable men
repudiated their own position when they
filed the charges against the mayor and
chief of police in 1904 declaring then the
mayor was responsible for enforcement of
the law.
Members Arc Hounded.
| He said further: Members of thii
board have been continually and consist
entity bounded, although their duties have
been clearly defined by the city legal de-
partment, their own legal counsel and the
Douglas county district court by Judge Es.
tele. These men who have gone about
saying, Thou shalt not bear false witness
against thy neighbor,' have said these COM
missioners have been servie tools for the
liquor interests when the facts have been
the commissioners have resisted efforts to
locate saloons along boulevards and the
better streets, and they have quietly with
out usurping wrong functions. eliminated
many features in connection with opera
tions of the saloons. And. Notwithstanding
the law is plain that the mayor shall en-
force the laws, these men have eliminated
their houndings by bringing their charges
before the governor
The second charge was that the Commits
sioners have encouraged brewers ana sa-
loon men to break the law. reference being
specially made to the 10 protests made by
the Civic Federation a year ago
Taking up the second charge. the Judge
contended the board had the right TO grant
licenses, but not 10 regulate saloons. and
in the matter OF overruling the l7O pro-
tests the board acted on It's best judgment
Then the governor asked II the Slocumb
law provided who is not entitled 10 a
license and whether or not a saloon man
known TO have violated the law should be-
denied a license. The Judge agreed that q
saloon man violating the law would not be
entitled TO a license. but that reverted bacl.
| 20 the question OF tho board enforcing the
law and the necessity OF securing convic-
tions before refusing OF revoking licenses,
Judge McHugh said the present Boeri
! OF Fire and Police Commissioners was dt p
signed a nonpaTtisan board, yet has been
made the storm center OF party politics,
Death KDeII OF Home Rule.
III II could he said the board could be
hold for non-enforcemeut for enforcing the
Sunday Liquor law the same could be sliG
OF Sunday base ball and other things. Upon
that theory the governors ONCE would bs-
come the seat OF government for the city
OF Omaha" continued the Judge.
Then the governor inquired OF the jader
! II he DID not think that ihasmuch as tn.
: police board appointed the police the com
missioners should be held accountable for
! the police department.
! Il informed the police have heen
hsrboring criminals here" stated the CIV
eTnOr.