Omaha daily bee., 1921-07-27
Fines Imposed On
Three in Ashland
Fireworks Case
Counsel for Defense Files
Notice of Appeal; Attorney
General Enters Into
Con roversy.


trying to enforce the law
Bryant Is Impatient.
After Anderson was fined, Judg,
Moon insisted on hearing the Other
cases of Chrischilles and Madison.
Bryant declared he wanted TO ge
back TO Wahoo and wasn't going tc
have any more hearings in this kan
garoo court"
He left the room.
City Marshal Tom Parks anc
Night Policeman William Richard
son, the men who detected the Grim,
the young youths are charged with
committing, were sent for and Judge
Moon was contemplating issuance OF
bench warrant for the arrest oi
Chrischilles and Madison. when into
the court room they waulkcd with
their counsel, Bryant.
He had met them on the sidewalk
just outside the courtroom, held a
consultation with them and returned
for the hearing.
He Was Angry.
Bryant failed to conceal his anger.
Whom the gods would destroy,
they first make mad" cooed Mrs.
Buell., prosecutor.
And then in an aside, she said:
That's the first time l ever saw
Mr.. Bryant really mad"
The officers testified against the
, pair and the fines were pronounced.
Bryant gave notice Of an appeal to
the district court which convencs for
its next session at Wahoo in Novem-
Der.
Bryant in a Hurry.
Bryant offered no evidence and no
rebuttal
The hearing continued very for
NAL. with the attorney for the de-
fense displaying his disregard at
every turn of the testimony.
Bryant had petitioned that all the
cases be heard at once. but the city
attorney insisted each youth be
given a separate hearing.
YOU'RE trying to keep me here all
day." he countered. Il want to get
hack to Wahoo in hurry"
Were in no hurry" replied she.
we're taking our time and it
wouldn't take so long if there weren't
so many Interruptions"
As the court closed. Bryant leaped
into his automobile and made bee
line for Wahoo.
No reports have yet been received
if he violated the state speed laws
en- route.
Opinion by Davis.
On the heels of this apparent VIC
tory in the Ashland fireworks dis
play" preliminaries, Mrs. Buell. re-
ceivcd the following letter from At
torney General Clarence A. Davis
this morning:
II have gone rather thoroughly
into the Ashland situation and have
had the benefit of an interview with
: ~aAr. Anderson since my last talk
with you.
VI. a, the time of talking with you,
had 40 idea that | ever knew Mr.:
Anderson and was surprised indeed
to find that he was mayor.
Il had long conversation with
hi- over this situation and l have
advised him about as follows:
That it is the opinion of this de-
partment that the resolution adopt
cd at the special meeting of the
council July Is, which resolution de-
clared Ordinance III as contained
in sections 273 and 274 of Ordinance
13l, does not properly repeal said
ordinances, and that the only way
these ordinances can be repealed is
by the enactment cf a repeating
ordinance complying with all Of the
other forms, including publication,
that would be necessary to pass an
ordinance in the first instance.
Legality Questioned.
81 further advised Mr.. Anderson
as I did you that there was grave
doubt regarding the legality OF the
removal proceedings against yourself
as city attorney, and that the proper
form would have been for the mayor
to serve notice upon you declaring
the office vacant and for the city
council to have passed a resolution
ratifying and approving this notice.
II have further advised both OF
you that no one has authority to dis
miss criminal complaint without the
consent of the court, but court may
use his own discretion whether he
will permit dismissal of these COM
plants or not.
II feel that the whole affair is
most unfortunate and that for the
best interests of the community it
ought to be settled definitely at
once
"The mayor left the impression
with me that he would endeavor to
have these boys plead guilty and pay |
minimum fines.
Purely Local Quarrel
II hope the matter will work out
without all the difficulties that both
OF you are anticipating. | very
much dislike to mix in what is purely
local quarrel.
II think that it ought TO be made
is under no duty to advise you or
either the mayor as to your re-
spective duties and rights and all the
statements made herein are simply
gratuitously given as being my
view Of the law on the matter and
thoroughly appreciate that it is
none of my business and l ought
not interfere in it one way or an
other.
II would have withdrawn my
agreement to give you a statement
as to my view of your rights, but
after talking to him and with you,
annarently feeling | was not living |