Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-04-21
JONES APPEALS TO COURT
ecursi Temporary Restraining Order
Against Fire and Police Commission.
HEARING ON THE CASE NEXT SATURDAY.
Alleges lie IL the legal chief OF Fire
Department and Further that
Nicholson, Boards APpOintee,
IL Ineligible.

As had been anticipated, the controversy
over the appointment by the newly Gre
sted Fire and Police commission OF Charles
NJ. Nicholson as chief of the fire depart
ment over the head of r. w. Jones, the
present head Of the department, has
reached the courts. Judge Wheeler yes
terday in district court issued on the APP
pllcation OF Chief Jones a temporary in
junction restraining the members Of the
Fire and Police commission and Charles
NJ. Nicholson from in any way interior
ing with the said plaintiff in the discharge
Of his duties as chief Of the IRE depart
ment Of Council Blufs and from in any
way attempting to take from the plaintiff
the possession of the property Of the said
fire department and the said Charles Mich
olson from attempting TO act as chief Of
said fire department until the further order
of the court in the. premises"
The hearing on the application for
temporary injunction was set for satur-
day. April q. by Judge Wheeler. This
order. it is taken, win act as an estoppel
to the city council approving, even If it de-
sired to do so, the bond Of Nicholson, which
has already been fled with the city clerk.
In the petition filed yesterday by counsel
for chief Jones, after reciting the facts
OF his election by the city council TO the
position of chief of the fire department
at the regular meeting in April, 1906, from
date or until his successor is elected and
qualified" II ~ alleged that the Fire and
Police commission acted without authority
or warrant Of law in appointing Charles
NJ Nicholson chief of the fire department
while the plaintiff was the duly qualified
and acting chief of the department.
The petition further recites that at the
time Of the making of the appointment
Charles Nicholson was not a member OF
the fre department, nor had he been sub
mitted to any examination required by
law, nor had the examination of the said
Nicholson been held by the said Board OF
Fire and Police commissioner, and that
at the time Of the making of such APP
pointment Charles Nicholson was not
eligible to appointment as chief OF the
fire department.
The petition also recites that Nicholson
has filed a bond in the sum of 5000 and
that the same will be submitted to the
city council at its meeting next Monday
night. for approval, and that in the event
said bond is approved. it is the intention
Of the Fire and Police commission to in
sIst and demand that the plaintiff sur
render to Charles Nicholson all OF the
ment.
State Senator c. G. Saunders, who has
been retained as counsel by Fire Chief
Jones and who helped to pass the law
under which the Fire and Police commits
sion OF THIS city Is supposed TO be acting,
contends that Jones is not only chief of
the fire department, but that the members
Of the commission have laid themselves
liable TO prosecution for violation of the
law. He said Every member OF the com
mission is liable TO prosecution for viola
ton, and II convicted, - a fine of 800 or
thirty days in jail. The law requires that
they name the chief of the fire department
from the department itself, but they hav,
seen At to appoint a man from the outside
They have also violated their own ruls
fixing the age limit for admission to the
fire department at 40 years"
Mr.. Saunders also has serious doubts II
the commission was legally appointed as
the law provides that two Of it's members
shall be named, "as far as practicable"
| from the dominant party at the preceding
municipal election. The republican party
dominated the last city election. but Mayor
Macrae deemed it Mt to appoint two demo-
Gratis on the commission, while there were
several hundred republicans ready and will
ing to serve.