Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-08-14
Nebraska

OF, otherwise is not now pertinent to con-
slider in thiH connection. as we must take
the law as W0 find IT,
In the complaint presented 10 you against
police commissioners one OF the most seri-
Gus charges against the members Of the
board is that one which recites the fact
mat MT karbaek offered resolution, In
the month OF February 1910, before the
board, directing the chief OF police to stop
and prevent the illegal sales of liquors.
When such resolution was offered the
members Of the board refused to take any
steps or action to prohibit such sales. The
refusal OF the board to take affirmative
action on this resolution would have been
serious dereliction OF duty were II not
Tor the fact that the board had already
given direction to the chief OF police in
such matters by the enactment of rules
and 8, herelnbefore set forth But, as
heretofore suggested, / do not think the
Sackett law contemplates general dereliction
OF duty on the part OF officers, but be-
comes operative only when an officer is
charged with specific duty Of enforcing a
law and when he has wilfully failed, neg
lected or refused to do So
II Is extremely doubtful II the. members
OF ministerial or Legislative board, not
charged with the executive duty OF enforc-
Ing the law, could be proceeded against
under the Sackett law. But, be that as It
may, the conclusion is irresistible that
under the circumstances the mayor, II any
one, in addition TO the chief Of police is
the one to be proceeded against for failure
W eIlAOTCe tne law IN the city OF Ornana,
since the statute, in unmistalsable terms,
casts that duty upon him. The other Of
Ulcers OF the city are but instrumentalities
or auxiliaries that the statute has provided
the mayor with to enable him to discharge
this specific duty.
Chief Comes Under Rules.
II was able to state a cause Of action
against the chief OF police only by reason
OF the rules and regulations, which have
the force of law, established by the Board
OF Fire and Police commissioners, charg-
ing him specifically with the duty Of en-
d np6ins I'm the laws Of the state and the
statute or ordinance of the city Of Omaha
imposing a like duty upon the Board of
ERE ana Police commissioners would not
hesitate to file charges against the other
parties you have named, but being unable to
find any law charging them with such
DUTY am unable to see my way clear to
draft complaint that would state a cause
OF action against them. Until received
your communication never had given this
subject critical examination, and con-
fess find the law with reference to the
duties Of the Board OF Fire and Police com
It to be.
these matters, to the end you may give
such other directions as you may deem
necessary In order TO bring about the en-
forcement OF the law enforcement I assure
you that you have my hearty cooperation.
W. T. THOMPSON
Attorney General.
Making Hard Finish.
With the exception of two every office
occupied by an appointee of Governor Shall
lenberger was filled with workers last night
until after IL O'Clock mailing out campaign
literature State lights were kept burn
ing until past midnight in the executive
offices, the office Of the fire commissioner,
the labor commissioner the state veterin-
n ha az AM AL.
tor and the food commissioner.
Every office was crowded with workers
and every worker kept busy. In the private
office Of the governor today a crowd OF
stenographers has been mailing out letters
in government stamped and government
printed envelopes, asking the voters to rally
to his support to save the state from
Dahlmandsm.
The governor Is keeping up his fight to
the last minute and II he does lose it will
not be any fault of his or his gallant
hard working, staAe-paad appointees.
Mr.. Hitchcock Is also very much worried
over the outcome of his fight, for many
republicans today received letters from him
telling them that he stood with LaFollette
and Cummins In tho senate and Murdoch
in the house. How many of his letters
were sent to republicans Of course could
not be learned, but there were many OF
them
Willis e. Reed was here last night and
left today for Omaha, where he expects
to commit grand larceny on Hitchcock
by taking all his votes. Reed is confident
that the fight Is between Metcalfe and him
self, and he is going to urge Omaha voters
not TO waste their votes on Hitchcock, but
to vote for him as the man to defeat
Aetcalfe. Reed and Shallenberger spoke at
Diller yesterday at a fraternal picnic, The
governor talked politics and Reed talked
| fraternalism.