Omaha daily bee., 1911-10-07
SOUTH OMAHA CUSTER CASE
Action Under Seokett Law Against
Ryan and Pivonka.
RREGU1ARITY ABOUT BONDS
Allegation Board Refused to Adopt
Excise Rules and Refused to
Cancel License of John
Franek.
CFrom a staff CorrespondentD

LINCOLN, Neb., oct 6.--tSpecial Tele-
gram )-Aleging in his petition that the
members OF the Fire and Police board oil
South Omaha, ]. RYAN and Joseph
Pivonka have been seen drunk and In
toxcated on the streets that they have
treated others in public places and have
violated the sackett law provisions re-
lating to the sale of liquors, Attorney
General Martin today filed an custer
suit in the state supreme court.
The suit was filed BY order Of Cover
nor Aldrich. who for some time past
has been gathering evidence in the mat
ter Dean Ringer. a former Cornhusker
football star and now an attorney IN
South Omaha, has been active In gather
ing proof as to the derelictness OF the
! two offending commissioners In violating
the state law and city ordinances.
This ia the second suit filed under the
saokett the first being instituted by
Arthur Mullen against Chief OF Police
Donahue Of Omaha, an action started at
the iustigation Of former Governor
Shallehberger and which 10 still in
supreme court.
The two men accused in the present
suit entered office In April 1910. The
mayor Of South Omaha is the third
member OF the commission.
The petition alleges that whenever the
mayor and chief Of police sttmpted to
nforce the law regulating the sale of
liquors, the two defendants either dis
missed the suits or refused to take any
evidence whatever.
To make the custer suit valid the state
must now prove that the law charges
the fire and police board with the en-
| forcement of the law and further that
they failed TO enforce the law.
The petition filed by the attorpey gen
eral alleges that the commission willfully
failed to adopt rules and regulations for
the removal, trial, discipline or guidance
of the police department although such
rules necessarily had 10 be adopted in
order TO render the police service OF the
city Of South Omaha efficient and to Sc
cure the enforcement of state and city
laws.
The states petition sets out that the
bonds OF many saloonkeepers as ap-
proved by Commissioners Pivonka and
Ryan, are worthless. and in some in
stances, proof OF which is had the same
bondsmen have signed more than one
bond In the case Of the bond Of Joshua
L. Cohn II is alleged that of three per-
sons who signed 1t none had exemptions
over and above the amount required by
law
The commissioners, so n Is charged
knew this when they approved the bond.
The bonds OF Christ Rorbmacker and
thrty-one other saloonkeepers are al
legged to have been signed by insufficient
securities
The commissioners are alleged TO have
refused 70 cancel the license of John
Franek though they knew he sold LIQUOR
on primary election day, August IS, and
on August g. the same being charged
against Joshua Cohn, II being alleged in
the petition that Commissioner Ryan
specifically asked the chief OF police not
to file q complaint against the offender
Policeman savotvich Is alleged to have
violated a board rule and to have ac-
lively engaged in politics General law
lessness and disobedience 10 laws ls set
out in the petition, many instances being
set out to prove the allegations.