The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1923-12-06
Governor Asks
to Know Powers
in Quinton Case
Opinion Requested of Attor.
ney General as to Author.
ity TO Remove Cass
County Sheriff.

Lincoln. Dec. 5.--Governor Bryan
today. in a communication addressed
to Attorney General Spillman. has
asked the states legal department for
specific definition Of the governors 3
powers In regard to the suspension of
Sheriff Quinton of CAss county. ne
Gently indicted on charges Of failure
to enforce the prohibition Jaws and
for making false reports of fees col
lected. Six separate inquiries are
made In the letter.
Following is the letter sent by the
governor to the attorney general:
~ Am am inr.,eigt of Communication
mittins. through TIE elerk q psnS ths District ae
aIs,%.a,. - sssin:s +. .s:allt os CAS-.
and they ask that the stale % isss i%ms. io.
move sPf cs s. ou2soen 2neesr ssr9 ot 70
county for reasons set forth In their
10 na The ~ 81
.,Sn St r.. ss.nd isTor; g.
m.ni: ss.in., sSsrifs esinson .a ''1'ss sub
and request that you carefully exsmirs
these communicstlons and indictments
and give me the benefit Of your opinion
"Fir.--Hss The governor authority TO
porg .ha4 Sndsr .ss ;Ss tina.
sIdep,sd Is,n, & sy tie 5.ssnt session Of The ssis,
airy one in his place pending the deter
nainsticn q eharss, or complaints that
would be filed by direction OF the COVER
second; Does the Indictment Of sheriff.
9,ninson, for The reasons gwen n the IN.
Of liquor laws OF the state. sivs tho gov
ernor sufficient evidence OF failure to
ernor in ssspenSins s E sheriff I % oass,sn: ONE ssv. v
ing the attorney general commence Que
warran.s proceedings to have him ousied
Third, Has the chief .xecutiv. OF the
state authority TO direct tho attorney gen
eral to fils quo wsrranto proceedings &c
nave sheriff Quinton ousted from office
and has the Eoverncr authority to suspend
sheriff oainton from office pending the
ce-dlngs for malfeasancs in offics-
). ronrth u the governor hss authority
duty Is u to appoint temporary sctins
sheriff during the time that the court I,
determining the result of the quo war.
Il "Fifth---po tho indictments and va.
INious counts IN the Indictment Of sherifi
forth in The ~ copies of the |srsad srand a srs', y,
Indictment Of sheriff oUintcn Of cass
county, as shown an the copies Of ,hs
ln,lictrnent handed you herewith. furnish
sufficient evidence Of msifeasanre In OF.
/ ice TO Justify the governor in suspending
tire sheriff from office and directing thai
Suo warranto proceedings Of custer
asalnst the sheriff be commenced in the
proper conrts
"sixth--if, IN your orinion. the chiei
executive OF the state has not the su-
lhorty TO commence action for the sus.
pension and removal OF the sheriff ot
Cnss county. or H. IN your udxmcnt. the
evidence or facts submitted In tho in
dictincnts returned against the sheriff
bN the cass county grand Jury, are not
sufficient 20 authorize or Justify the chief
the people Of Cess county the relief that
they ask for through the communities tion
OF the grand Jurors, suhmitted here
with Will you kindly Indicate for the
consideration Of the ovsrner Of she ststs
OF NehrasA, what official or department
has authority Co commence action. and
what action would ee proper 20 tab,
10 nive the. people ef Cass eennt9 the
ltelrf that they have asked for -