Omaha daily bee., 1911-07-09
REPORT AGAINST
CHIEF DONAHUE
Referee Evans Recommends to Su-
prcme Court that He Be 0ustd
from His Office.
FnDWGs on FACT sUBMITTED
COnclusion of Law I'm Support of the
Recommendation and Against
Head OF the Omaha Police
(From . staft. cOrrespOndentl


LINCOLN, Juiy s-(speciai Telegrsm.)-
Referee Robert E. Evans of Dakota county
has filed his findings of fact and conclu-
sions OF law, and recommends that the
supreme court enter judgment of custer
against Chief of Police John J. Donahue
OF Omaha The report Of the referee will
be acted upon by the court at the fall
term In the September period.
At the request OF Governor shallenberger
Attorney General W. T. Thompson insti-
tuted quo warranto proceedings a year ago
in the supreme court, alleging that the
Chief, OF Police had wIlfully failed and re-
fused to enforce laws against the illegal
sale Of liquor in Omaha and laws against
houses Of prostitution. The suit was filed
under the provision Of the sackett law, an
act passed BY the legislature Of 1907 which
provided that officers who failed to en-
force laws which II IL their duty to enforce
may be ousted from office by Judgment of
the state supreme court. Arthur Mullen.
who succeeded Mr. Thompson as attorney
general took testimony In the case before
Referee Evans, who had been appointed
referee by the supreme court. After
Grant Martin became attorney general
under the Aidrich administration. he en-
ployed Mr. Mullen to continue the prose-
cution Of the case.
what Referee rinds.
the referee finds that during the twelve
months preceding August /. 1910 intoxicat-
ing liquors have been sold without q license
at several places and that Donahue, the
respondent, had notice OF these facts and
that he wilfully failed. neglected and re-
fused to enforce the laws by causing the
arrest OF the persons engaged. The
referee says:
1T cannot be seriously contended but
that houses Of prostitution were running
openly in the city of Omaha during the
last two years of respondents term of Of
flee and that each week day there was
laid before him reports which carried to
him that information. The evidence shows
the actual sales of intoxicating liquors
! for money openly paid. the several trans.
actions being such that the only conclusion
/ to be arrived at is that the violators had
no fear of the officers OF the law. and q
indicate that the officers did not wish L
know all violations of the liquor laws"
Cancellations of Law.
/ The referee in his conclusions of law say
| the charge in the information alleging tn,
willful failure to enforce the ordinances o
the city of Omaha by causing the arrest o
| those guilty OF running houses of prosti
tuition does not set forth facts sufficient I,
| allow to constitute a cause Of action unde
| the Sackett law. No ordinance is pleade.
In the information making 1t a crime Il
run house OF prostitution. The Saclxet
law IL designed TO secure the equal en-
foreement OF law throughout the state
The enforcement OF it's ordinances is lef
to the city. An act which would not b.
unlawful but for the ordinance or Is mad
unlawful by the ordinance, is not within
the scope OF the words-"any law" as use,
in the sackett law. The referee finds tina
charge In the information alleging tn
Wiilful failure to enforce the laws of tn
state by causing the arrest of person
guilty OF running houses Of prostitution
sets forth . cause OF action against tn
respondent The general charge of illega
sales Of Intoxicating liquors without a II
cense and at illegal hours Is held sufficient
what AZ Means.
In closing the referee says; This actio
is not a criminal action, and the judgmen
Of custer as made was not intended by tn
legislature to be a punishment OF the re
spondent. The purpose OF the lawmakn
body was to secure the prompt and prope
enforcement OF law over every portion Q
The state. The effect upon the responder
is only an incident to the relief sought b
enforcement OF the law. Judgment shoul
be rendered in favor OF the state an
an.fu.f tya