Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-12-29
REFEREE HEARS ALL EVIDENCE
Says He Will Decide Later Whether
70 Consider L.
ADMITS THE POLICE MANUAL
Neuber Karhach 90 The Fire apd 20
lice Bosrd Te.ufies AEstnst the
Chief ~ the HeartuE
"wednesday NorntnE.

objection Of the defense to the admission
In evidence n the manual Of the police
6eps rtnent vas overruled by Referee Rob
srt p. Evans fin the ponshue custer hear
fnE In overrulinE the objection Referee
Evans explained that his holding VAS not
necessarily final and that a. the end 81
the hearing he usv decide that the manual
shall not be considered as evidence
vs.. J. Conneu attorney for chief pons-
hue. objected 70 Attorney General Mullen
offer Of the police manual the objection
being made on TIRE ground that the state
had not shown that the police department
by Law IS required 10 be governed by the
rules and regulations contained in the
manual
The remainder Of the morning sitting was
consumed by arguments Of Mr. Connell and
the attorney general on the question
whether or not c J. Karhsch. member Of
the Board Of Fire and Police Commissioners
should he permitted 10 give testimony 10
show that soliciting was going on In the
burnt district a. time when the chief
Of police said no soliciting was going on.
Referee Evans made a ruling similar 10
that made in the matter Of the admission
In evidence Of the police department man
ual. receiving M Karhach's testimony,
but reserv1ng final decision as 10 its ma
teriaHty.
Morning Session Opens.
The hearing reconvened with A, !.
Shields. clerk Of the Board Of Fire and
Police Commissioners. on the witness stand.
Mr.. Shields identified . report Of the ar
rest Of party Of gamblers Referee Evans
sustained Mr.. Gonnelrs objection 20 At
torney General Mulen's offering in EVIL
dence the report the objection being
made on the ground Of immateriality. The
complaint against the chief Mr.. Cornell
contended, does not refer 20 gambling.
What rules are the police department
acting UNDER" asked Mr.. Mullen. Mr..
Connen objected, saying:
1t mas already been shown by witness
testimony that It is acting under no rules
whatever. 90 far as law is concerned"
when the objection was overruled, Mr..
Shields said the department is acting under
the rules in the police department manual.
witness testified that he has furnished
copies Of the manual to Chief Donohue and
to other members Of the police department
He said payment for printing Of the man
uals is made out Of the police fund.
Tells of Convictions.
Cross-exanlined by Mr. Connel. M
Shields said that when licensed LIQUOR deal
ers are convicted for selling hGuor in vio-
lation Of Law their licenses are cancelled.
The convicted liouor dealers, he said, can
not secure new licenses. but licenses may
be and Ere issued TO others. who may con
duct saloons At the locations formerly oc-
cupSed by the convicted persons. Regardless
of whether or not the previous licenses
were near expiration when cancelled the
persons securing the new ones must pay
the regular 1900 fee.
Witness still under cross-eXamination,
said the chief Of police is at his desk prac-
tically all the time and personally does not
patrol beats nor make rounds. He testi-
fled that the complement Of the department
is lSS ct this time. inciudiIs about eighty
! five patrOlmen. thirteen detectives, six
serReants and three captains.
Witness said there is g police court prose
cutor whose business IL 10 TO complain
against and prosecute law violators.
Mr. Karbach. placed on the stand by the
state. told Of the events leading up to his
inducing Governor Shanenberger to start
( proceedings against Chief DOnahue.
violation of Liquor Lava.
Mr. Council declared the chief Is on trial
D
louuor law and not for permitting op-
Grafton OF disorderly houses. MT. Mullen
commended the charges are three, viz. per
hitting liquor selling without license
permitting liquor selling after o'clock in
1 the evening and on Sunday, and permitting
operation Of disorderly houses.
/ Mr.. Mullen offered IN evidence a report
] from the local United States internal rev
enue office showing that government
nauor licenses have been Issued 10 about
900 persons in Omaha. & number conslo-
/ erably In excess OF the number Of persons
supposed to be holding local licenses. Mr..
COnnell objected 10 the offer, saying some
Of the persons named IL the report have
left the city, others are dead. and some
| probably have surrendered their nosuses.
The objection was sustained. Mr.. Mullen
ordered from the internal revenue offic,s a
! certified copy OF its list OF persons ,n
omaha now holding government licenses.
/ ~ a