Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-01-24
CHIEF MAKES HIS DEFENSE
DOnahus Replies to Charges of the Civic
Federation Regarding Closing.
DID WHAT He CONCEIVED TO Be HIS DUTY
Hearing of the Case over the sIOcumb
Law Enforcement Before Police
Board Goes over Till
Monday.

Law Enforcement Before Police
Board Goes over Till
Monday.
The hearing of charges filed against
Chief Of Police Donahue by the civic Fed
GRAFTON was taken up at 2 o'clock yes
terday afternoon by the Board of Fire
and Police Commissioners and continued
until Monday with the intimation the
charges will be dropped The charges were
based on an order issued by the chief to his
captains, whom he instructed to follow the
order of Mayor Dahlman, who ordered the
police department to deslst from disturb
ing violators of the Sunday closing feature
OF the Slocumb law. A few days later the
chief rescinded =s order, with the result
that the lid went down last Sunday.
The chief presented a written answer to
the charges.
This embraces the chiefs defense
l. That on January r. 1907, James G.
Dahlman, the duly elected and actinS
mayor Of the city of Omaha. pursuant to
the power In him vested % tiIe chief execu-
tive officer of the city of Omaha promulga-
ted and caused to be delivered to the un-
dersigned as chief of police of said city,
follows:
"As chief executive of the city of Omaha,
l hereby direct you to no longer use the
police deparsment in keeping the saloons
closed on Sundays. The police department
. is inadequate to give proper protection TO
our citizens, especially when they should
be watching out for crime and criminals.
l wish you would have this order obeyed
on and after this date
2. That conformably with and for the
purpose of carrying out said executive order
the undersigned on the same date issued
an an or. order to the captains directly an charge
words and figures as follows:
Hereto please find copy of an order
from his honor. the mayor, which is self
saloons keep their front doors closed, per-
mitting no one to enter or leave by the
front way. You will also see that they are
strictly orderly. No music, singing or loud
talking will be permitted. You will In
struct the officers that when they hear any
disorder in the saloons to call up the sta
ton at once and notify the officer In
charge, and upon such notification the
officer in charge will cause the arrest Of
the saloon keeper and close his place and
he will be charged with keeping dsor
derly house, Do not permit the saloons to
them the appearance of being open"
Believed it His Duty.
3. Further answering the undersigned
respectfully shows and represents that in
respect of said order so communicated to
right to observe and carry out the same,
he having been advised and in good faith
and conscience believed that II was the
province of the mayor of said city as its
chief executive officer to issue and caused
TO be enforced said order and that 1t was
not the privilege or right of the under
signed to question or resist OF refuse to
recognize or to enforce said order, which
was one pertaining to the government of
the said city.
l. Further answering. the undersigned
respectfully represents and shows to your
honorable body that ne is not and at the
time of the issuance of said executive order
was not. an attorney at law, or otherwise
learned in the law bur tnat il was his
honorable mayor was alone vested with
authority to issue and cause TO be enforced,
through the undersigned and the police de-
partment said specific order, or any other
order pertaining to the welfare of the city
OF Omaha; and the undersigned IS advised,
believes and asserts the fact to he that II
was the opinion of your honorable body
that your honorable body possessed no
any similar order, and that as a matter OF
fact your honorable body, conformably to
It's view in that behalf has at no time
issued an order of said character or any
different order relative to this subject to
the undersigned
8. The undersigned further answering said
complaint respectfully shows that 1t was
not his intention or purpose to violate any
Law. Of the city OF Omaha or OF the state
of Nebraska in that behalf existing, and
that 1t was his understanding and belief
that he was bound. and II was his duty
to observe and obey the order Issued and
acting upon that belief he in good faith
caused to be issued the order so as afore-
said communicated to the captains in
Acts on Legal Advice.
6. Further answering said complaint the
undersigned respectfully shows that he
has, since the said order went into effect
consulted counsel learned in the law for
the purpose and with the intention of be-
! coming fully advised to his duties in
| the premises, and he has been advised that
II is his duty to execute faithfully all orders
issued. or to be issued by the honorable
mayor pertaining to the enforcement of the
law within this city, except such orders
I hNnh tNFaW,l
or permit him, the undersigned, to violate
the law; and 1t is his duty at all times to
see hat the laws are faithfully executed.
T. Further answering, the undersigned
respectfully represents to your honorable
body that he will hereafter. in accordance
with this advice as to his duty as such
chief of police, enforce with ali due dill
! gence all laws, including the law relating
| to the closing of saloons on Sunday, and
to that end has instructed and will con-
tinue to instruct, the officers and members
OF the police force to faithfully observe ali
of said laws; and he stands ready at all
times 20 obey the orders of the mayor and
of this board for the enforcement of the
laws and the discipline of the police force
In far as they command him to act
within the mandates OF the law, and will
consult legal advice and act accordingly
only when such orders raise a strong doubt
as TO their consonance with law.
(Sgned) j. J. DONAHUE.
Chief of Police.
Thomas for Federation
Attorney Elmer E. Thomas appeared at
the hearing for the civic Federation and
read the answer filed by Chief Donahue.
Mr.. Thomas asked for further time, that
he might consult with the executive com
niittee OF the federation as to their wishes
I'm the matter. The hearing was continued
to next Monday afternoon at 2 O'Clock.
The Civic Federation executive committee
will meet Thursday or Friday.
The best OF feeling prevailed Wednesday
afternoon between both sides. Mr.. Thomas
said the chiefs answer put a new aspect
on the case. 1t is believed the charges will
not be pressed by the federation in view
OF Chief Donahue's answer.