Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-05-09
JONES STILL FIRE CHIEF
Tamporarv Order Issued Restraining Gem
mission from 0usting Him.
ORDER REINsTATtS JONES IN OFFICE
Law Creating the Board of Fire and
Police Commissioners is Attacked
on Constitutional Grounds
by His Attorneys.

The charges filed by o. p. McKesson
against Chief Jones of the fire department
were not heard by the newly created Fire
and Police commission yesterday morning,
and r. w. Jones is still chief OF the fire
department of Council Bluffs, despite the
determination Of certain parties to Gust
him from that position in order that the
former chief. Charles NJ Nicholson. may
be installed in his place The members Of
the Fire and Police commission received
another setback yesterday morning when
Deputy Sheriff Mccartney served notice on
them Of the temporary restraining order
granted by Judge Wheeler late Tuesday
night
The hearing on the application for a
restraining order against the commission
has been set by Judge Wheeler for satur-
day morning, and in the meantime Hubert
FINLEY, b. NJ. Sargent and Louis Eur
muehlen are enjoined from assuming or
attempting to act as a Board OF Fire and
Police commissioners, so as to in any way
interfere with Jones In the discharge Of
his duties as chief of the fire department,
or from enforcing an order restraining
Chief Jones, or from requiring him to de-
liver property of the city to the control of
another, or to require him to cease to
wear the uniform as chief Of the depart
ment.
Judge wheeler's order clearly reinstates
Jones as chief of the fire department and
annuls the order of the commission last
Saturday night suspending him pending the
hearing of the charges filed by McIkesson.
Life of Commission at stake.
This temporary restraining order was
issued by Judge Wheeler for the reason
that State Senator Saunders. as counsel
for Chief Jones, commenced quo warranto
proceedings yesterday morning in the dis
trict court attacking the constitutionality
of the law creating the Fire and Police
commission.
In attacking the constitutionality of the
law the following charges are made: That
the provisions of the act are in contraven-
ton of section of article of the con-
stitution of the state Of Iowa as follows;
"All laws OF a general nature shall have a
uniform operation; the general assembly
shall not grant to any citizen or class of
citizens privileges or immunities which
upon the same terms shall not equally be-
long to all citizens"
That 1t is contravention of the constiut-
ton of the state of Iowa in that 1t requires
political test as a right to hold the Office
of member Of the Board of Fire and Police
commissioners, and denies to all persons
excepting those holding certain political
| beliefs, and having certain political af-
| hliations, the right to hold and enjoy the
office referred to-
Another contravention OF the state con-
stltution charged Is that the law limits
the selection of members OF the commission
to citizens of the state who shall have
been residents of the city in which they are
appointed for more than five years next
preceding their appointment, and thereby
denies to such citizens who have not been
residents that long the right to hold such
] office. Further II is charged that the law
| is in contravention of the state constitution
| in that It limits the selection OF the men,
| bers Of the commission from the two lead
ing political parties and denies the right
| to all persons not members of such political
parties
The final result Of the proceedings here
will be watched with interest by seven other
cities in the state in which the fire and
police departments are now under control
OF n commission. They are Sioux City
Des Moines, Davenport, Clinton, Cedar
Rapids, Burlington and Dubuque. Until
the law was amended by the last legis-
| lature Des Moines was the only city having
a FIRE and police commission,