Omaha daily bee., 1906-01-27
MICKEY KEEPS HANDS OFF
Governor Says it is Duty Of Mayor to
Enforce Law in Omaha.
ANSWER TO LETTER FROM OMAHA PEOPLE
writers Told Charges Against Menu
bers Of Fire and Police Com
mission viii he Con.id-
cred and FiIed.
ANSWER TO LETTER FROM OMAHA PEOPLE
CFrom a stan Correspondent.)

LINCOLN, Jan. 26.-(SpeciaL D-Governor |
Mickey has put it up to Mayor Moores Of
Omaha to enforce the Slocumb law. This |
the governor did In a letter addressed to
Rev. Clyde c. Cissel. John Dales and DR..
c. f.. Clark of Omaha. committee APP
pointed by the brotherhood of Hanscom
park Methodist church to tell the governor
OF the great victory the Civic Federation
achieved. when the saloon men agreed TO
close their places of business on Sunday
and to demand of Governor Mickey that
he use the adequate authority" at his
command to enforce the provisions of the
Slocumb law.
In his letter which he sent out today
the governor denied that ne had any au-
thority to interfere with the enforcement
Of law In Omaha except in cases of riot
which could not be controlled by the local
authorities. and he calls the attention of
the committee to the fact that he ap-
poined four out Of the FIVE police commits
sioners. and that II these men are not do
ing their duty. IL the committee will file
charges with him. he will hear the COM
plants and will remove the offenders, pro-
vlding the evidence would justify such a
move. His letter follows:
- Letter of Governor.
Upon my return to the office. after an
illness OF several days duration, 1 find upon
my desk your telegram OF January ~, also
signed by John Dale and DR.. e. +. Clark,
requesting me ito use, without delay, the
adequate authority at your command for
the strict enforcement of the Slocumb law
people of omaRa have az ast he
That they have remedies under the law
and that they are disposed TO make of
those remedies, as is evidenced by the
regime which has recently been inaugurated
In the city with reference to the Sunday
closing of saloons; The results that have
in Qrfi In
stance emphasize more forcibly than any
words of mine the fact that the law Is
ample and that the execution of II rests
in the main with the people Of Omaha and
the local officers which they elect.
With reference TO this idea of law en-
forcement allow me to quote to you sec
ton 81, chapter xii-a, COUPLED Statutes of
Nebraska, 1906 the law here quoted being
i(Mayor Enforcement Of the Law)-It
shall be the duty OF the mayor to enforce
the laws OF the state and the ordinances
of the city TO order, direct and enforce,
through the officers of the police depart
ment, the arrest and prosecution of per-
sons violating such laws and ordinances, to
cooperate with and assist the sheriff of
the county In suppressing riots and mobs
and the arrest and prosecution OF persons
charged with crimes and misdemeanors."
AS having a further bearing upon the
power of the mayor as the chief executive
officer OF your city l further call your at
tention to section 70. same chapter above
referred to:
The mayor shall be the chief executive
officer and oonservator Of the peace
power, by and with the concurrence of the
Board OF Fire and Police Commissioners. to
appoint any number OF special policemen
which he may deem necessary to preserve
the peace of the city and TO dismiss the
same at pleasure; He shall have such juris-
nance over all places within three miles of
the corporate limits of the city for the en-
forcement OF any health quarantine ord
nance or regulation thereof"
It will thus be seen that the law spe-
officially recognizes the mayor as the chief
executive officer OF Omaha, and as such
officer 1t becomes his sworn duty to enforce
every law Of the state and every ordinance
Which " chs Iesre s Rs sae the Of css
executive officer CT Omaha or any other
city. In the very nature OF things there
could be but one person charged with COM
picte executive lower in your city. and
that power having oeen conferred upon the
mayor og aw .ne SANG cS sn De SHARED
nection with the government Of the city
Of Omaha is concerned, save in cases of
disturbance which the local peace officers
cannot control, II Is limited to the appoint
n,ent OF four OF the Ave members of the
Fire and Police board, the mayor being the
exception. II the members OF the board
so appointed are remiss in duty the law
provides that written charges may be filed
against such officials, the same to be in
vestieated by me. II the testimony dis
closed at the hearing shall prove the truth
Of the charges then II is provided that
the CON- 'ssioner shall be removed and
another ,ointed I'm his place. This is all
the conrc~ tion there Is between the gov
crnors office and the administration OF law
I'm Omaha.
As YOU will see from the section of law
quoted, tho duty OF unfolding the
premacy OF the law rests primarily with
the mayor. II your mayor is not alive to
bis responsibilities and does not perform
his full duty under the statutes. that Is
certainly an unfortunate condition OF af-
fairs and the blame must largely rest upon
those who elected him to Office. The very
fact that within the last few weeks you
fHve succeeded in enforcing the law rela-
tive to Sunday closing Is conclusive EVIL
comedies already conferred upon you by
low stil greater improvements can he
made with reference to purity OF govern
r'Nnt within the corporate limits of your
city. s
Appeals Case Involving Farm.
Martin Cunningham and Anna Cunning
ham who secured a deed to 100 acres of
Cunning county land from John Tierney.
the father Of Anna Cunningham, which
was set aside by the lower court on the
application Of the father. have come to
the supreme court to ask that the lower
tells that John Tierney was the father OF
seven children, all of whom except Anna
John and Thomas pulled out from home
years ago, while John and Thomas lived
OF the old folks rather than work. Anna
the brief says, looked after her father and
mother and cared for them when they
needed help. The father was grateful
10 Anna. so It is claimed in the brief. thai
upon the death of Mrs. Tierney he decided
f1.a fa,- rFNR.-