Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-08-14
? THOMPSON WRITES OF Law
= Attorney General Tells Governor Of
Duties Of Police Board.
SAYS DUTY OF MAYOR TO ACT
Examination of statutes and OrdI-
nances of CITY Of Omaha Do Not
Put Responsibility Upon
Fire and Police Board.
(From a Staff Corryspondent.)


Governor shallenberger says he is unable
to discover in the statute any law which
provides that the police board OF Omaha
Is directed to enforce the law. For that
reason he has not Instituted custer pro-
ceedings against Commissioners Fred Hoye,
William f. Hunter and William f. Wap-
pich. II was against these members Of the
board and Chief of Police Donahue that
the governor instructed the attorney gem
oral to institute quo warranto proceedings
because Of an alleged failure to enforce the
liquor laws in Omaha. A suit was started
against Donahue because the legal depart
ment holds under the rules Of the board
he lie responsible for the enforcement Of the
laws.
Mr.. Thompson assured the governor in his
letter that the law applied to Mayor Dahl
man, inasmuch as he is directed by statute
to enforce the laws
Text of Letter.
The letter 10 follows:
LINCOLN, Neb., Aug u, 1910-Hon. Ash
ton G. Shallenberger, Governor OF Ne
6raska Lne1n pear 5 sT IL a9co GIrHst
ing me to begin suit In the supreme court
against John ]. Donahue, chief OF police
of the city of Omaha, Fred Hoye William
]. Hunter and William It. Wappich, three
members of the Board of Fire and Police
Commissioners OF the city OF OmanaI !
separate suit against john j.. Donahue,
chief of police. His duties being separate
and distinct from those of the other parties,
i felt / could not safely join him with the
other parties without rendering the com
plant vulnerable to q demurrer on the
With reference to commencing suit
against the other parties, am confronted
with legal situation which Is embarrass-
ing. Before instituting suit against the
other parties named in your letter felt
should make you acquainted with the situa-
N4W.A HA a 1nnA
which the proceedings are directed to be
instituted against these parties provides
"kN county attorney or prosecuting Off
Ger, Mieriff, police judge, mayor, police
officer or police commissioner, or other
refuse to enforce any law which II Is made
his duty to. enforce shall thereby forfeit
his office and may be removed therefrom.
1.-THE attorney general OF the state, when
directed by the governor, snail institute ana
prosecute quo warranto proceedings in the
supreme court against any such county at
toTney or prosecuting officer. sheriff, police
Judge, police officer or police commissioner,
mayor or otner officer, and II the court snall
find that such officer has willfully failed or
refused to enforce any law which 1t Is his
dirty as sucn officer to enforce, then the
court shall renSer Judgment 3d. Of oI aS.I
thereby become vacant"
Proof OF Neglect Necessary.
1t will be seen from the foregoing that
before an action will lie against any officer
hCSCoooAg
has wilfully failed neglected or refused
to enforce a law which It Is made his duty
duty on the part Of IN officer that the
above statute comprehends, but the specific
dereliction of wilfully failing. negleoting
or refusing ito enforce any law which 1t
Is made HIS duty to enforce" II the mem
bers OF the Board of Fire and Police COM
missioners. against whom you have directed
proceedings to be instituted are not
charged with the duty of, enforcing the law
of the state or the ordinances Of the city
the action cannot be maintained against
/ find from an examination of the statutes
that the duties of the Board OF Fire and
where do find where IL is charged by the
statutes OF the state or the ordinances of
the CITY Of Omaha with the duty TO en-
q used in the Sackett law. The duties OF
TIE board, except in connection with it's
fnee by N seotions & 10 60 inSiasiyc Chapter
ia, compiled statutes OF 1909. They are
in substance as follows; 1t shall employ q
officers connected with that department.
which may be necessary for the effective
servic OF the department to the extent and
limit that funds have been provided thnre
for by the mayor and council II shall
appoint a chief OF police and such officers
ana potlcerneh az may De hecesssty hor me me
extent that funds may be provided by the
mayor and council for that purpose; 1t is
given authority to remove, under such
rules and regulations as may be adopted
by the board all appointees named by
them upon complaint filed and hearing
had; It may also peremptorily suspend an
appointee for neglect or dlsobedience OF
OFders for limited time: II is authorized
- ,1 The sppo;ntment removal eoysTnl
fient and discipline of officers and mem-)
bers Of the fire and police departments OF
the city, under such rules and regulations
as may be adopted by the board, and II Is
made It's duty TO adopt such rules and
regulations for the guidance OF the officers
ma ~ ~ "A
discipline Of officers Of the police depart
meht as 1t shall consider necessary and
Regulations for Board.
i am advised that the Board OF Fire and
police commissioners has appointed chief
OF police and force OF policemen TO the
extent that funds have been provided by
the mayor and council therefor; that It
has adopted rules and regulations for the
government OF the police officers, which
have the force and effect Of law: and that
in such rules ana regulations It has, among
other things, specifically provided as fol-
ut shall be the duty Of the chief Of police
TO see that the laws of the state, the ordi-
lations OF the board Of fire and police are
duly enforced throughout the department,
and he shall keep the city attorney and
Of all matters that pertain to their several
offices relating TO the police interests OF
the city. or Of any branch OF. the law or or
HE will DO dingent in the enforcement
of the laws relating 10 lotteries, lottery
policies. and the sale OF LIQUOR, and gamb-
ling OF all kinds" (Rule 81.
1t Is not charged In the complaint pre-
scented to you, and forwarded TO me, that
the Board OF Fire and Police commissioners
has been requested to remove any OF the
police officers appointed by said board on
account of derelcuon of their duty.
find upon examining the statute COM
monty called the Omaha Charter section
g. which provides as follows:
1T shall be the duty OF the mayor TO
enforce the laws OF the state and the ord-
nances OF the city. TO order. direct and en-
force, through the officers of the police de-
partment. the arrest and prosecution OF
persons 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
cha -Fsd with crimes and misdemeanors -
This statute unmistakably places the duty
OF enforcing the laws OF the state and the
ordinances OF the city OF Omaha upon the
mayor 1nd makes his primarily responsible
" therefor. The Board OF Fire and Police com
misstoners, the chief OF police and the entire
police force OF tho city are instrumentalties
provided by law through and by which
Tho mayor is enabled TO perform this duty
Power of Council.