Omaha daily bee., 1906-09-13
no RULES FOR THE SALOONS
South Omaha Fire and Polioe Commission
Answers Query Of Attorney General,
UNIVERSITY REGENTS ARE AFTER CASH
Game warden Notified he Has No Au-
thorfty on Fort Niobrnrs Military
Reserve and warned 10
Keep on.

(From stan CorreSpondent.)
LINCOLN. Sept. R.--Cspeciai.) -Accord-
ing TO a letter received by the attorney
general from +. ]. Nolan, one Of the South
Omaha FIRE and police commissioners. the
commissioners OF that city have never
adopted rules regulating saloons. The at
torney general desired the rules of the
board before answering Governor Mckey's
question regarding the liability OF the COM
missioners for damages in case they re-
woke the LICENSE Of O saloon man for an
offense for which he has not been con-
victed In court. The South Omaha charter
gives the commissioners the right to adopt
rules but this has never been done. The
letter OF Commissioner Nolan is as follows:
w. 7, Thompson, Deputy Attorney GEN
eral-Afy Dear Sir: l have your letter of
september asking for copy of the or
South Omaha Board of Fire and Police
Commissioner. In reply wish to advise
adopted any rules IN writing. If you re-
duro any information on ordinances passed
by the city counci1 will be glad to send
you a compilation of them and copies OF
any which may have been enacted subse-
Quent to the compilation.
Since becoming cognizant as TO this phase
of the situation the attorney generals Of
nee has written to South Omaha for
copy OF the city ordinances to discover
whether OF not there is anything in them
under which the fire and police commits
sion would be enabled to act. An opinion
will be withheld until this data arrives.
''The board could proceed. of course.
without rules" said Deputy Attorney Cen
eral J. b. Strobe this morning. "but it is
customary to adopt them, and in fairness
TO the saloon men they should know what to
expect from the FIRE and police authorities.
The slocum law covers the matter Of Sun
day closing and the city ordinances may do
the same. The commissioners could act
under either, but IT is the business of the
board to have a set of regulations and en-
force them. after giving due notice"
Below are the provisions of the South
Omaha charter relating to the authority of
the IRE and police board:
The Board of Fire and Police commits
sioners may, by ordinance, license, TO-
strain. regulate, or prohibit the selling or
mixed OF fermented Intoxicating liquors.
the LICENSE not to extend beyond the
granted; ana to determine the amount to
be paid for, any such license, not less
than the minimum sum required by any
general law upon the subject.
Any person selling or giving away in
sasd city any liquor of the description
mentioned in this section without first
having complied with such regulations
and procured a license or permit therefor,
shall be deemed guilty of a misdemeanor
in any, sum not more than 800 for ee CHI
onense and be committed to the city Jail
until such lines and costs are paid. Pro-
gist may be revoked by the Board of Fire
: and Police commissioners at pleasure.
Sy ss soer that any License
missioners for any purpose mentioned in
this section shall be revoked by the Board
OF Fire and Police commissioners upon
conviction of the licensee OF any violation
Of any law. sordinance. or regulation per-
tanning TO the sale Of such liquors. and
proceedings in appeal error taken to
review such Judgment or conviction shall
in no wise effect the revocation of such
Until such appeilats Ss or error q" proeeeSinss
be finally determined and such conviction
be finally annulled, revoked or reversed
Legislative Session Gossip.
A scare was started at the state house
today by the report that the legislature
would not, convene until after the state
officers have gone out of Office, which
would prevent the secretary of state from
calling the house of representatives to
order and the outgoing governor from
delivering his message. The constitution
provides against such contingency The
legislature must convene at noon, the first
Tuesday in January. which, this year will
be New Years day. The term of state
officers expires the first Thursday after
the FIRST Tuesday.
Regents Want the Money,
According to the argument OF the regents
of the university there is no need of the
legislature appropriating money given by
the government for the support of that
institution. At least 100000 annually is
formally appropriated by the legislature
from this source. In mandamus suit to
compel Auditor Searie to issue a warrant
20 enable the regents to draw a gift of
5000 from the general government, the
position u taken by the regents that the
money In question is a gift for educational
purposes. that the university is authorized
70 accept such gifts. and no further action
Of the legislature is necessary. It is
slleged by the regents that an appro-
priation by the legislature is necessary
only In the matter of funds raised by
taxation, and that the provisions of the
law regarding. such matters do not apple
70 gifts for educational purposes to the
university. In accepting the 5000 gift in