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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 25, 1887)
8 THE OMAHA DAILY BEE : FRIDAY , NOVEMBER 25 , . 1887. THE APPLICATION IS DENIED , Nebraska's Supreme Court Dismisses the Cause to Oust Chief Soavoy. THE COMMISSION VINDICATED. "Tlia Slate the Unit or Political I'uwor null KeNH | > iiHlllc : l''or the I'onoo and MornlN of Itn People" Full Text ol'tlio Opinion. The following Is the opinion In full In the cnsoof Slmeral vs. Scavoy : State , ex. rul. Simeral vs. Senvey. Sumo vs. Hennett ct ul. ( Juo warrunto. Dismissed. Olilnlon by Cobb , ,1. 1. The appointment of the respondent ns chief of police of the city of Omaha by the board of lite and police commissioners , np- l > oiiitcd by the governor under section 115 of nn act entitled "An act incorporating metro- jiolltan cities und dellning , regulating and prescribing their duties , powers and govern ment , " approved March a I , Ibb7 , under tho. facts nnd circumstances as set out In the an swer , Hold , A legal appointment within the scope and meaning of thu said aet. U. The provision of thu above mentioned net , whereby It Is made the duty of the gov ernor to appoint a board of tire und police commissioners for each city of the metropoli tan class , Held , not bo repugnant to the con stitution. The State cx-rel , Kdward W. Slmoral , county attorney , vs. Webber S. Seavey. Olilnlon filed November ! il , ! Sb7 Cobb , .T : This Is an original proceeding in this court by Kdward W. Slmeral , county attorney of Douglas county , relutor , against Webber S. Seavey , respondent. The complaint is , In substance , nn Informa tion In the nature of a quo wiirninto. Its gcMierul object , to obtain n Judgment against the respondent upon his right to execute the office of chief of police of thu city of Omaha. It alleges that the city of Omaha is a city of this metropolitan class ; that under and by virtue of thu laws goveining cities of the inetiopolitnn class there was appointed by the governor a lire and police com mission , consisting of four persons. That tlio members of the bouid of llio and police commissioners at and before the time there inafter set forth , neglected and refused to enter into u good and sufficient bond for thu faithful performance of their duties , as the ordinances of said city required , and long befoio any bond was approved , by the authorities of said city , said commissioners pretended to and did proceed to make ap pointments of liremen and policemen. That tit the times thereinafter set forth no rules and regulations governing said board of llru and police commlssionois hud been pre scribed bv oidiiiiince by tin1 mayor and coun cil of said city. That on the Itith day of May , 1837 , wild defendant was by suid board of tire and police commissioners appointed chief of police of said city of Omaha , but that at tlio time of said appointment , thu bonds of said commissioners had not been ap proved by said city council , nor had any rules and regulations by ordinance been adopted by said council governing thu re moval and appointment of chief of police , and nnd that said commissioners , without law or authority , removed Thomas Cmnmings , who lit that time was acting chief of police , and appointed in his stead , said de fendant , whom petitioner alleges is now and has been ever since his pretended appointment - ment wrongfully und unlawfully exercising und usurping thu functions of said ollice ; und that said council has never appiovcd or af- tlnned the said apiKiintinenl of said defend ant as by law rcquliud. By way of amendment , said relation also alleges that before the passage of the act en titled "An act to incorporate metropolitan cities , " etc. , approved March HO , l s.7 , the city of Omaha was a city of the first class under the laws of the state of Nebraska , then in force with respect thereto ; that when said act relating to metropolitan cities took effect thu city of Omaha hud a police force and a. city marshal as then provided by act with re spect to cities of the llrst class and ordinances I of the city of Omaha thereunder ; that the legislature adjourned slno die on the first 1 llrst day of April , Iss7 , and said legislature has not been in session since ; that tlio said appointments made by the governor as aforesaid were miulo after tlio adjourn ment of suid legislature , and the appoint ments were not made with the advice and consent of the senate. That the said appoint ments were therefore unconstitutional and void ; that the offices to which said appoint ments were pretended to bo miulo were ori ginal oflices and eiiirinal appointments nnd not a vacancy or appointment to Jill n va cancy. That the said pretended board or flro and police have appointed a large number of po lice for said city ; that nt the time of tlio pretended tended appointment and re appointment of said defendant herein , the said Ciimmings was acting as chiol of'police , and all other policemen continued in their oflice. And at thu time ftf tlm pretended uppointmcnltend re-appoint ineiil o I sr.id defendant and thu ap pointment of said policemen , theru weic no funds whatever , provided by t lie mayor and council to pay the said defendant or the sal ary of said other policemen , and ut no time Blnco the passage of the act with respect to metropolitan cities have there been an\ , funds whatever pi ovhled by the mayor and council to pay thu suhiry of suid defendant.'tlie ! ! salaries of said policemen , und that at thu time of the appointment of the defendant und of the other policemen by said board , the mayor and coun cil of saul city undertho law could not pro vide any funds to pay such salaries , as the full extent of their authority when exercised in behalf of raising a police fund , rcali/oonly u sufllcicnt amount to pay tlio salaries of the pollc.imen then in ollleo , and the number np- IKiinted b.rsald board far exceed the amount of funds for salaries , which it is possible for the mayor and city council to provide under the law , eto. The respondent entered a voluntary ap pearance and answered. I quote from tlio an swer ns the foundation of respondent's claim to the said office : 1. "Ho admits that under and by virtue of the law of the state of Nebraska governing metropolitan cities , there was duly appointed by the governor of sai tate , a tire and police commission , consisting of four persons , vl/ . : L. M. Hennett , Christian Haitman. George I. ( Jilbertand Howard H. Smith. And in this behalf , thd defendant alleges that under said law , tlio mayor of the city of oinahn became nnd is ex-olllcio a member and the chairman of said board. That shortly after their saul appointment to said board on thu 10th day of May , iss * . the said Hennett , Hartmun , liilbert und Smith , each took ami subscribed an oath to support the constitu tion of the I'nited States , the constitution of thu state ( if Nebraska and faithfully and im partially perform the duties of the oftlco of commissioners of lire and police according to law , and to the best of his ability. And also that ho would to the be.- t of his ability , dis charge his duties as a member of the board of lire and police commissioners of the city of Omaha , and that in making appointments , considering promotions or icmovals , ho would not be guided or actuated bv political motives or influences , but would consider only the interests of the city , and the success ami unVetivencss of said department of riro nnd police. That said oaths were tiled with the city clerk of said pity , May 10 , lSs7. Whereupon - upon said Hennett , Hartman , ( lilebert and Smith , together with the mayor of said city , orguni/ed said hoard and entered upon the duties thereof , which they have ever since continued to perform. 2. That at the time of the appointment Mid qualillcation as aforesaid of the members of suid board , there was no law or ordinance of said city requiring of them oftlci.il bonds ; that the llrst rrquiiement of this kind was by ordinance of said city , approved Juno 1ft , 1&S7 ; that immediatel.\ after thu passage and approval of said ordinance requiring such bonds , all of the said commissioner * appoint ed us aforesaid , gave good and sunk-lent bonds in exact compliance with the require ments of said ordinance. That tlio bonds of' said Hennett ami Hartman were approved by said city council on or about the Oth ilay of August , US7 , while those of said Gilbert and Smith were rejected for the sole reason that the names of the sureties who had signed the bonds respectively , did not also appear in the body of the o liibti'umcnts ns well. That 5) ) Immediately upon thu rejection of the bonds t ! of said Ciilbcrt ami SmiUi for this technical reason , they each filed new bonds , obviating | t 'said objection and m all respects complying with the reijulioments of faid ordinance in tW regard. That noUvahntnndjnu these he'lionil * wuiV > dojv ; presented to said city ' council August Brt , ' li7 , tlml boil } ' has faifcd .up lo the present , tmio cither to approve or rt'ict th/.iin. ' H. That-whlto it is true''as u'lntAr alleges Ibat uo.rulc * and rct-ulaUous , for tli'G govern- ment of paid board of fire nnd policecommis sioners have been prescribed by an ordinance of said city , yet It Is true that the said board of tire und iniilcu commissioners did , on the Ifith day of May , 1M7. prepare and adopt cur tain rules and regulations for the guidance of the officers and men of the tire nnd police departments of said city , nnd for the appoint ment , promotion , removal , trial nnd disci pline of said officers nnd men , and such as said board considered proper and necessary , which said rules and regulations were , by said board , duly submitted to said city coun cil for its action on the 17th day of May , Ibs7 but respecting which the said city council has as yet taken no action , cither of approval or rejection. 4. That defendant was npimlnted chief of police of said city by said board at or about the time nllegcd In the petition , and before the members of said board had given their bonds as aforesaid. That nt the time he was so appointed , ho alleges there was no law re quiring , as a requisite of qualification , that they should give bonds , nor was there any ordinance of sold city to that effect until long after said appointment , of defendant was made. And defendant also admits that the said city council has ncv.cr appointed or con firmed the appointment of paid defendant to said ollice of chief of police of said city , the duties of which he Is now exercising under am ! by virtue of the appointment made as aforesaid , " with n general denial of nil the other allegations of thu petitions. There was no other pleading filed In the cuso , but the cuiiso was argued at the bar as upon demurrer to the answer. A general demurrer to the answer presents the following question : Was the appoint ment of the respondent by the board of tire and police commission to the ofllco of chief of police of said city under the facts and circum stances of the ease us set up In thu answer legal I In discussing this question , I will premise by saying that at the time of the passage of and approval of the act , entitled , "An act incorporating metropolitan cities nncl defin ing , regulating and in-escribing their powers nnd government , " Omaha was a city of the first class , organi/cd and existing under nnd having for its charter an act , entitled , "An net to incorporate cities of the llrst class and regulating their powers , duties nnd govern ment. " approved March l.l Sl , together with certain amendments thereto , nil constituting chapter 111 , of the Compiled Statutes of l)3Sr ) > . Tlio net first above referred to was not an amendment , but mi independent statute de signed to bo perfect in itself , and by its 1711 section , repealed the act last above referred to , and nil nets amendatory thereof , ns well as all nets and parts of acts inconsistent therewith. Kcontainsun emergency clause , and therefore , took effect nnd became of force immediately upon its passage. Hy the terms of the first section the said act is miulo to apply to all cities of the state now having u population of 00,1100 inhabi tants , or more , as shown by thu state census of iss.- , and all cities "which shall hereafter have attained n population of 00,000 inhabi tants or upwards. Tlio second section pro vides in what manner such cities as shall hereafter have attained tlio necessary num ber of inhabitants shall bo brought within the operation of said act. There is no provision of said net , in terms continuing any officer or policeman appointed under the former charter , in ollk-e , undertlio new one , but they would doubtless , so con tinue upon general principles of law nnd by necessity , until the election or appointment of their successors under the new charter. Hut with this qualification it is clearly the intent and witin the scope of the net to es tablish a new government for the class of cities thereby established. Section 1 in is devoted to the establishment of a department of lire and police for the new class of metropolitan cities , and is in the fol lowing words : "In each city of the metropolitan class there shall bo a board of tire and police , to consist of the mayor ( who shall bo ex-oflleio chairman of said board ) ami four electors of said cit ) to be appointed by the governor. Tlio governor shall appoint as the commis sioners above , four citi/ens , not more than two of whom shall bo of thu same political paity. Two of them of different political party faith and allegiance shall bo designated in their appointment to serve for two years , and the other two , also of different political party faith , shall bo designated to servo for four years. And thereafter , at the expira tion of said term , and each period ot two years , the governor shall appoint two mem bers of said board. For official misconduct , the governor may remove any of said commissioners : and all vacancies in said board by deathresignation , or removal , shall bo filled by the governor for the unoxpirod term , and all vacancies from whatever cause shall be so filled , that not more than two of tlio member.s of saia board shall bo of the same political party , erse so reputed. All powers mid duties connected with and incident to thu appointment , re moval , government and discipline of the olll- cers and members of the llro and police de partments of the city , under such rules und regulations as may bo prescribed by ordinance nance- , shall be vested in and exercised by said board. A majority of srtid board shall constitute a quorum for the transaction of business , and in the absence of the vice president of the commissioners of llro and police- , the mayor shall act as chairman. , leforo ! entering upon their duties. , each of said oflicers shall take and subscribe un oath to bo tiled with the Mty clerk , faithfully , imp.ntially , honestly and to the best of his ability to discharge his duties us a member of said board , and that In making appointments or con sidering promotions or removals ho will not le guided or actuated by political motives or iilluences , but will consider only tliu inter ests of the city , and the success niidefl'eetivo- ness of said departments. The board of llro uul police shall have power , and it shall bo the duty of said bouid to appoint a chief of tin1 lire department , an assistant chief ot the flic department , and such other officers of the llro department as may bo deemed neces sary for its proper dliection , management and regulation , and under such rules and icgnlatioiis as iua.bo . prescribed by ordi nance ; said board may remove such olllccrs , or any of the.ni , whenever said board shall consider and declare such removal necessary for the proper management or discipline , or for the more olToctivo working or service of said department. The board of flro und po lice shall also employ such firemen and as- sistunts , or may uiithoruo the chief of the llro department so to do , us may bo proper and neces sary for the effect ivo service of sr.ld depart ment to the extent and limit that the funds provided by the mayor and council for that purpose will allow. The board of llro and police sh ill have power , and it shall bo the duly of said board , to appoint a chief ot po lice , and such other officers and ) Nlcomeii ! , to the extent that funds may bo provided by ho major and conned to pay their salaries , us may bo necessary lor the proper protection ami Hill-lent police of tlio city , and as may bo nccossiirj to protect ci'.i/ensum ! propervalid ! maintain peace and good order. The 'chief of police and all other police oflicers and policemen shall bo subject to removal by the board of llro and police , under * iiucb rules and regulations as may bo prescribed by or dinance , whenever said boaul shall consider and declare such removal necissarv for the proper manaRemeiit or discipline , or for the more effective woiking or ser vice of the police department. It shall bo the duty of said board of llro nnd police to adopt such rules and regulations for the guidance of the olll- cers and men of said deiiattments , und for thu appointment , promotion , removal , trial or discipline of said officers and men , us suid board shall consider proper and necessarv , and when saul rules and regulations shall bo appioved by the major and council , they shall have the-same force and effect as oull- nances , and can only be changed bv and with the consent of thu major and council. The said board of tlio and pollen shall have such fuithcr powers and pcrfonn such other duties us may bo authorised or defined bv ordinance. " There can be no doubt of the object , meanIng - Ing and intent of this seition. While it is true that the act contains provisions outside O.r it. under which the- major and council tin ! authority for the establishment ofasi&tain of police otllccis , jet li > no means follows that this section can be neglected In constru ing the act , nor can it be done with dux ie- garu to sound rules of construction. Oiu objeUis to an ivo ut the ic.il intent and mean ng of the legislature in drafting and enacting the statute. In reading It forlh.il purpose wo me not at liboity to reject any of its wonU , if u mcaniiij can bo attached to them coiihisieiit with the general K-op. ) and purpose of the net. Hut we llud provisions somewhat contlutmw h ouchothor. We have seen that section 145 makes it the duty of the governor to npixilnt four commission- _ . . . . * " t , - - > it Ai ni K\i > * , V.-stv iii hi\Ui bvani "all i.ower und duties couucctvd vvitu and iiiclil iit to mcnt , removal und discipline of the ofllecrs nnd members of the i > ollfo department. " We also find section 53 In the following Inn- future ! "See. M. The mayor nnd cotineil nhnll mve power to establish , regulate und support il 'ht watch nnd police , and to define the luties thereof , except ns otherwise herein specially provided. " Now , this Is a general provision which , It s supKCBted. would furnNli authority tor u lolico establishment for any city of the met- oHilltau | class , section 14r > expnnpedfrom thu ttiitutc. This , I think , would bo so , und yet t by no mentis follows that with both cee- lens In the net , 14. > does not contain by far ho more studied , elaborate nnd perfect ex- n cssion of the will of thu legislature. More- > vcr , it Is believed to bo n sound rnlo of con struction , In law and lo li1 , that genernl pro visions will give way to tlio force of special enactment , when the latter Is broad und clear enough to cover the whnlo ground , nnd express the undoubted Intention of thu legls- attire. It Is urged that the appointment of fire nnd lolico commissioners , and they acting to- rother with the mayor , appointing it chief of ) ollco for the city , is the Imjiosltloii by the state , upon the city , of taxes for corporate nirposcs , und hence in violation of the latter eliuiHu of section 7 , of article IX , of the con stitution , which reads : "Tho legislature Hlmll not impose tuxes upon municipal cor- lorations , or the Inhabitants or property hereof , for corporate purposes. " Section 711 of the net , among other things , empowers the mayor und council "to levy mil collect on all such property for the solo uul exclusive purpose ) of maintaining and laying the police department of any such It.v , not to exceed live mills on thu dollar almitlon In any ono year , taxes levied for uch purpose to constitute a special fund for aid purpose. " And It was stated by counsel it the argument , and not denied , that the nayor and council of the city of Omaha Inivo jeted under such authority and levied taxes or the current half-year sullleient to provide implo funds for the support of the police do- lartment. Section 107 fixes the salaries of oflicers In itles of the metropolitan class , including the hief of police. These funds will doubtless jo appropriated and disbursed , and thu same nte of salary paid ton chief of police whether ho respondent or any other appointee of the > oard of IIro and police commissioners con- inues to 1111 the oftlco or gives way to the ap- lointment of the mayor nnd council. So far is the current half year is concerned , the tax ins already been imposed by the city author- ! ics acting underthe provisions of the law , u mo of action which does not seem to have ) ccn rendered either more or less necessary > , V reason of the peculiar provisions of sec- Ion 145 or the action of the htnto or of any of t.s olllcers or appointees thereunder. Section 14i ! also provlilw that before enter- ng unon their olllcial duties , the said com- nissioners of lire and police shall taUe , sub scribe and Jile with the city clerk n certain ind peculiar olllcial oath therein prescribed. I'he section does not provide that they shall rive an official bond. Jn the answer it is al- eged that at the time of the appointment of e pomlent by said board there was no ortli- mnco of said city requiring the members of suid board to give bonds. This allegation , standing ns on demurrer , is taken as true. It is contended by counsel for the relater hat tlio appointment of the members of the mard of lire und police commissioners by the governor , is void for the reason that such up- wlntment was not Hindu by and with the ad vice and con ° ent of the benate , and to this > oiiit Section 10 of article fi of the constitu- ion is cited. Kaid article is as follows : "Sec. 10. The governor shall nominate nnd by and with the ndvico and consent of he senate ( expressed by n majority of all ho senators elected , voting by yeas and lays ) appoint all oflicers whose offices arc es- ablishcd by this constitution , or which may le created by law , and whoso appointment ir election is not otherwise by law or heicin irovidcd for ; and no such officer shall be ap- lointcd or elected by the legislature. " The language of the section is , "The gov- rnor shall appoint , " etc , without the iniuli- Ication thai such appointment shall bo do- leiiilent upon the advice and consent of the .enuto. . These officers are created by lawbut , heir appointment is otherwise provided for. .him in the mode pointed out in the section of ho constitution quoted. The contention is , hat it would bo competent for the statute to nivo designated some other otlteer or person o make these appointments , in which case ho advice and consent of the senate would lot bo required ; but that it is incompetent for the statute to clothe the governor with tower to make appointment of any officer .vithout . such qualification und restriction. I iiiiow of no reason , nor has any been sug gested for this distinction ; and while the irgumenl do convenience may not be admis- itbli1 In discussing a foiihtitutionul question , > ome consideration is due lo tlio general under standing and practice in this state where it will not be denied thai throughput its liistory not u session of this legislature las passed , without the passage of laws 'n terms similar to the one now uiulor con- ilderatlon and their execution by the gov ernor without submitting ins appointment to the senate. I need only instance the cases of notaries public , the officers of the military stuff , and the several district judges whoso appointments have become necessary to sup- lily the new judicial districts and tlio addi tional judges to old onesas from time to time provided by law. H is further objected that the legislature has no power to make party uflllintion n qual ification for ofllee. Speaking for myself alone , I am quite inclined to agree with coun sel in his objection , and yet I thiuk tlmt tlio language ot the act out of which tin * objec tion springs , must bo regarded as directory merely , that it spent its entire force upon the governor and that the appointments made by him under the provisions of the section whore mioli language occiirsaro neithermoro nor less legal , to whatever partyor no party , such appointees or cither of them belong. In the case of tlio People vs. Hurlbert , 24 Mich. ! > ; t , cited by counsel for the relater , .Indge Cooley in delivering Ills opinion , speak * ing upon a branch of said case involving u question almost identical with the ono wo uro now considering , said : "Nor can thuwholo net bo void because of tlio provision that the appointees under it shall bo members of two certain political parties. That provision so far us it was designed to control ap pointments for the future , Is simply nega tory , because the legislature , on general principals , have no power to nniko party nf- Illliatlon on a qualification for ollice. lint so fur us tlio provision can be regarded ns a declaration that the appointees named have been selected because they sustained the specified party relations , wo can only say that where n right of choice exists , an elec tion cannot bo held void because of thu reason assigned for the choice made , " ete. 1 therefore come to the conclusion that the nbovoquestion , as raised by the demurrer , must bo answered in the affirmative. Counsel for the relater also raised certain constitutional questions to the right of the re spondent to tin1 said olllco , which may bo re solved into tlio following proposition : Is the provision o'the. ! act in question , making it the duty of the governor to appoint the com missioners of lire nnd police for metropolitan cities , repugnant to the constitution ! On this point , counsel in the brief say : "It is contrary to the general policy of the con stitution with regard to municipal corpora tions , a constitution that basso guarded their Interests that it has Inhibited the legislature from uuthori/ing the construction of a street railway npmi their streets , without tlio con sent of thi ) corKiration. | " This citation from the eonsUtuticn , taken together with the fact fliul they nniko no other therefrom , would indicnti' . even had they not so stated at the b.uthat tills point is piedicated u ) ) ii the spirit of tlio constitution , and not upon tlio letter of any specific pioisiou. . It is no doubt the general spirit of our constitu tion and institutions , and in accord with tlio habits and traditions of our people , that tlm Inhabitants of every subdivision of thu stale shall hnvo an equal sham audio- sponsibility in public affairs , so far as the h.ime shall have been found conducive to the public safety , the preservation of the pnjiliij peuco und the conservation of the public morals , and in every case of doubt ofconstru- iug a statute where such construction might turn upon the iccognition and fostoiingof such spirit , no court would bo blind in Its duty In that behalf. And yet. it is the boast of the American people In every state , Unit tbov live under a written constitution.and do not look for a guaraut.v of their rights or III ) eitv , to any intangible code of traditions , or the opinions or lonstiuctions of anj man , or set ot men. Municipal corporations. In the sruso of cities , ate several tunes mentioned in tne constitution. An article , the IX , is dovotei to them , but only to prohibit them from becoming - coming subscribers to , or owners of , MOCK n any railroad or private coriMiratlon Afam by section six of article IX , U" Jcgislutuio Is limited in Us i wei to vi-bt thorn \\itlr the power to make leu a impi-ovcme.nl ) . , etc. , and In tliqectlon ciUi by counsel , they are guaranteed Iho i , ght. to. yotc upon tUc sublet of "t x'ct- a > WE EXPECTED i Our big special sale of overcoats would cause a commotion , but we must confess we never arf ticipated such a rush as we had all last week , and especially Saturday. Our 35 salesmen were busy from morning : till late at night , to wait on the throngs of customers that crowded our store , and we regret that we were not better prepared , as even that large force of sales i men was not sufficient to attend , to all , and a good many had to go away. Saturday's business ] Last week we have convinced thousands of customers that they never bought overcoata so cheap as we offered them. This week we will show how low good suits can be sold. SuitS that were made by one of the best houses in the country. This is the greatest opportunity men of moderate " means ever had to procure good first class garments at about one half tha real value. "We cannot describe them all , but we mention a few of the larger lots and whichi are especially big bargains : "FF 300 good heavy Cassimere Suits , warranted strictly all wool , lined with good heavy serge , No all wool suit of suoli i § J quality and such make \vas ever ofrered for less than 87 to ! S. Our slaughter price is $4.75. This 13 the price we have placed on about 200 fine black , warranted real worsted , Corkscrew Suits , some lined willi silk serge , some with good double warp Italian , well gotten up. This will make a good dress suit for men of crate means , and will give good satisfaction. It is in every respect as good a suit as is sold by other houses for $10 to ? 12. Our slaughter price is $0.50. ' This lot contains tibout 250 plain , double and twist , and silk mixed cassimeres , some fine cheviots , elegantly made and trimmed , every one worth $15.00 , and that is the price which other dealers would ask for them. Our sla'ughter price is $9.75. Cft Nearly 400 fine tailor made Suits , the choicest of the great purchase ; cassimeres , beautiful fancy worsteds and JU diagonals. The material is the product of some of the best mills in the country , and some imported. These suite were manufactured for the finest city tnide , and have been made up to sell at retail for from $1S to $25. Our slaughter price is $13.50. Several large lots of Pea Jackets and Ve.-ts , chinchillas , plush and astrachan , lined with fine enfsJmero and Italian goods , which are usually sold for $10 , $12 and * 18. Our slaughter price is f 4.25 , ? 4.75 , * 9.00 and $ 1 1 75. A few extra liue im ported astrachans with elegant satin lining , and fully worth * ? 2S to J30 , we offer at $16.90. , - We wish to call the attention of ladies to a small but especially attractive assortment of fine children's overcoats , which fell into our hands with this great purchase. These are made of the best of material in Cassimere , Chinchilla and Astrachan , elegantly trimmed with fur and plush , and of exquisite designs. These garments were manufactured for the cream of city trade , and in every respect first class. There are only a few small lots of them , and as the sizes are somewhat broken we have marked them at about one third their real value , We are daily in receiptof numerous mail orders from out of town parties , and wish to say that we cheerfully send goods by express C. O. D. , with privilege of examining when parties are willing to pay express charges , both ways in case goods are returned , and we require a deposit to cover such charges. We sell goods with such a small margin of profit that we cannot afford to puy ex- * pressage. All goods marked in plain figures and at strictly one price. Clothing Corner Douglas and 14th , Streets , Omaha. running through their respective streets. Hut In none of tlicso provisions , nor any other which the limited time nt my commnml : ms enabled mo to liml , is there any imlica- : ion of the mind of the fminors of the consti tution , or the people who ratified it , to ( 'inir- untco the vote * of cities of any class , the riKht to u voice in choosing their iiiunicip.il officers. Section 7 of article 12 , of the constitution , provides for tin1 time of holding the ( 'cnenil election for each year except the one ut which said constitution was to be submitted for rut- illcation , and that at such election all state , district , county , precinct nnd township offi cers by the constitution or laws made elec tive by the people , except school district ofli- cers and municipal officers in cities , villages nnd towns , "Shall bo elected at n peneral election to be held as nforesaid. " This pro vision recognizes the fact that all municipal oflicers which were elective wore nmdo so by the legislature , and in my view is to some extent a recognition of the Trainers of the constitution of the plenary power Of the leg islature over the subject. Hut to return to the subject of the general spirit of the constitution und of our institu tions , 1 have ubovo stated that it was the poueral spirit of our constitution mid insti tution , and in accord with the habits and traditions of our people , that the inhabitants of every subdivision of the state should have an equal share and responsibility in public affairs , so far us the same Hlmll have been found conducive to the public safety , the preservation of the public peace and the con servation of the publlu morals. It is doubt less tlio duty of tlm courts in all proper cases to give full Wf isht and duo consideration to the above source of construction , but courts cannot take judicial notice of. the condition of the public safety or the public morals in any class of cities , or other locality of the str.to. These arc political matters for the considera tion of the legislature and executive depait- ments. Thu state is the unit of political power nnd responsible , through its legislature and exec utive , for the preservation of the peace , morals , education and general welfare of the people , and in the discharge of the duties necessary for these purposes they are limited only by the supreme constitution of the gov ernment , the laws passed pursuant theieto , our own constitution and laws. I therefore reach the conclusion that the provision of the said act , making il the duty of the governor to appoint a bouid of lire ami police commisslon'ers for cities of the metro politan class , is not repugnant to the consti tutloii. The application is , theiefore , denied and tluu-auso dismissed. Judgment accordingly The other judges concur. POWDER Absolutely Pure. Tills powder never vane . A uiM-Jel of puri ty , NimiKih and whulctoim'ni' * * . More reuuoin- JCK ! than the oidlintry UniK itml cannot no told In competition ith the rmiltitmle of l w cost , short weight ulunt or jihotlih.itf i > owiers. Sold only lncun.i Hoyaninklni ; 1'uwderCo. , IS ) . Wall St. , Nw Vork. Omaha Medical and Surgical Institute , N. W. Cerner of 13ta and Dodge Streets , Fortlintreiitnicnt of all CIIIIIIMC ami M-IIIIICU , lisi\ses : Ilincif. AITI.M.VI.S tur liklnuMirik ! * . nmlTlll'Ssh" , llent fellltlc , apinirMiis HIM renie- illea lur KurccMftil treatment ol e\er > lorin ni ill' ' en o rrqnirlimMcilU'nl or Mitvlcul ireniinent FOIITV > kW DOOMS lur PATIENTS III s r IIO-I'lTA I. MX IIM- MOIHTION * Iti Ihu wet. Write lor clrcnlurn cm IKt- lonulllos nnd Hritco" . Club tret , I'urvmiire of tlio spine , I'llC1 * , Tumor * . Cnnier. I'lUnrrn. llroiichltl * . In. Imluilon , Kli'ctrlclty. Pnrtiljtl" . l.iltei | \ , Ki.itirr. HlniluVr , Kye. Ktir , skin * iintl lllood nnd till Mirulciil operation * . UISKA-M ofVOMlVn M'lrui.TV lUioK on lll'pare" of Women Hll'K Onlv reliable medlcnl IliMltmo nmklni.- eiM ot ' a M > > tlty I'lmATK llltkA kS. All blood ill eii pH iiKceHvfiiuy treated. l'oron unable to % IMt in trentetl at homo hy corre- nponUenre , All rimiiuuiitratlim * ronlldentlnl. MiMI- clnr or Inntrnrnrnli "eat by mnll ore pre , securely ptu'keil , no nnirk < lo IndlcHto content or rentier. Dim personal lnterluw preferred. Call atul consult n * , or send lil tory or > our eii e. nn l we wilt ( .end in prtln wnpper. our HOOK TO MEN Hit K upon I'm ate , spe cial n ml Nervom In en cs , ete.iUlrei * . Uiimlui .Medical ami Surgical InMitiito , or Dr , McMenamfi Cor. . 13th mil Dodge Sh , , Omaha , Kei Owlnc to the rnpld Krowth or Onmlw inul onr nu ces In elTeclIni : uire * . our Un-Mm1 * * hnl l cfomo M Inrjif tluit the old Mcdtrnl InMltulecm lilhMivft nnd rnt'.ltnl Hveiuie , could not nrtommodntc all coming to for treatment. Wn hnve therefore moved lain our now brick butldlni : , Niirlli 0fl Corner ot Uthimd Dodce ! > treet , one bluck touth "f tlio old lnMUuui bnlldliiK , tun ! have now Oir lAracM nnd mot com plete Medical Institute or honiillul In thu we t Korty mmly lurnUhed , well warmed und \cntllatcd room * for patlenti * . three skilled pi ) > Mclitn aliva ) * In Hie bulMlnir. All ktndi of cll eit e.i treated Intlie most pi'lcntlllc miuilHT. We munulHcturc Purslcal llrncc for Deformities TriNM's , Siippoiters. Klectrknl llatlerle , ami can 'apply l't > > Mciuin or patlentK an ) appliance , reined ) , nrln'irumcnt known Cull and con nll IH.IT wrlln for circulars upon all fulileitn , null li l ol question * lor patient to im ner TliniMiinili treated jncieii- Iiillj tiy corre nondence. We h e superior ndian- tiiKi'tnml fin null's lor treallni ; iti ra ei , pcrfornilin ; piirtlc-al operation * , and mtmni ; imilenli nlilcli o.v MiU'il willi our Kiknowlcdued ability , eipeileno , i < poni.bllll | ) nnd leimtHtlon ulimilil make the Um tlia .Medical anil buriiliul Imtllutu the lli-t ihoue. Pianos , CHICKERING , KNABE , Vose&Sons Instruments cschangod , rented and : ci ! on Easy Payments , below FACTORY PRICES. Instruments slightly uci at GREAT BARGAINS Max Meyer & Bro , , Omaha , Neb. THE CAPITOL HOTEL LINCOLN. , NEB. 'I'bo tf l known "ml most ptipuUr llolol In Ida .t ( i' . t/.culU > n ii'iilrnl. . a | > iiutiilmeuli llr > t-clu . Ht'ui1riu tlit. lur cciniunTc4ar men Ana all i < ullucnl uil public liiltivrin.- * . , . , . . . . . . 1'roprletor. D. DAYffiSON 1707 Oli\c Street , St. Louis , .Mo. Of tlie Missouri Plnte Mu-t'Um of Anntomy , St. Louis , > Io. , University ColU'K" Hospital , I.on- don , ( ilosen , Oermany and New Vork. H.tvl Cevoteil their attention SPECIALLY TO THE TREATMENT OF Chroi Hi DISEASES. Moie especially thoto nilflnp : from Impru- Hence , invlti-all MI MiuVriiiK tocoiivspoiul with out ili'lay , Dl.-eat-es of Infection ami contnclon cured safely nml speedily without use of dan- poiniih ilruKS. 1'ntlenth whose cases have lieen neelected , badly treated or pronounced Incur- ulile. should not fail to write us concerning their symptoms. All letters recehe Immediate attcn- JUST PUBLISHED , And will be mailed Kltl'.i : to any address ou re ceipt of one. 2-cent stamp , " 1'raetle.il Observation tionon Nervous Debility anil 1'hyMcal Hxlniut- tlon , " to which Is added an "lis-ay on Mar- rl Ke , " with important chapters on ul'esses of the Iteproductho nrc.inii , the whole forming a VHlu.ible. medlc.il treatise which should bo read by all yomiB men. Address DRS , S , and D , DAVIESON , 17O7 Olive Street , St. Louis , Mo. Nebraska National Bank. U. S. DEPOSITOnY MAHA , NEB. Paid Up CapUnl - $2BOOOO Surplus , - - 00,000 II. W. YATKSPresident. . l.ttt is S. ItM n , Vlce-1'iesldent. A. K. Till'/ u.i.vd Vii-e-rresldent. W. II. S. IlL'ciifi , Cashier IHKI.C-IOKS. W V. MOII K , JOHN S fou.iss , n. w. y.tits , i.i.HisS. IILEI > , A. K. TOIIZU.I.N. Danking Ollice THE IRON BANK. Cor. 1-lh and fnrnam SH. A Oeneral Hanking HuslnessTiaiisactcd. Proprietor Omaha Business College , IN WHICH IS T UQHT Book-Keeping , Penmanship , Commercial Law , Shorthand , Telegraphing and typewriting. Send far Cullege Journal. S. R. Cor. ICth nud C.imtal Av Mention die umiiiin lluu J. B. HAYNES , ornct.u. STENOGRAPHER , Third Judicial DIstilcr. sr The Old llellable | ieclnll t of man ) year ' expert- ence. trp ti with wonderful iii-ii-n , nil Ll'XU , /njHOAT.lANirU.ni.K-.KIsnLA. cured wiiliuut p iln or lilmlrancij from lMiMnoll Chronic l > i en e , farm niluimc of nnr Inititatlon tri this country Th" ' " ' ' ct-aii-niplaii' fuitif 1.1 llos Sprlnas ( or tlio trentmi-m of any rrlTiitour lllocxV ilist'jv-o ran l > e cuied lor one tlnnl the i-oii nt our I'rlvate DlapPiMnrr I UninO " 5 In * Iri'iitniont n Pun1. I/ivoljr Com < I QIIIrA pleilon. Irt-e from -allimiu' " , fn'oklcV l > nUll > U liimklionil- , -riiplioii . rte , brtlllnnl PTP Kntl perft-rt hoiilth ran tin hntl 'll riiiit "llri'il " ft-i'llniiunit nil fuiunlo wi'.ikae r > i Iromntlj iMireil. Illoiitinu lliMilailii1" , Sonom Pro'- nrntun , Oi-iii-rnl Di-bllity , Mi'pili'S | iii' , Ii ) > pre .lorj 1'iul liulUi'-tlon , Dviirlmi truiililc" . laltnini.itlon nml nlclorntlnii. Inllliiunnil DI'pliMenipnln , "pliiHl wenk- < ] " ' . K'lrtlicy c aiplii'iit ' * unJ Clmntoof I.Uo , CoiiMiIt Ihp Old Hoi-tor _ _ Aruto or Chronic Inllnmm- FYF ANII rAH lion ill Ihe EyulliN or liloba u i u nitunii - jail Kur or Near r-Uhl lnc V Inicrslonof the I.M , Srmlulom t'.yet. tie nlloin. IntlniiinijUunH , Ab ci'DImnuss ot Vlilou 01 oaouc , boihi'jri' tnil Tiunon of I.M . . , , . . i ) | riitlnniniiitliu | ot the Kgr , ricerntlon or ( tiirrh/ Internal or Kxternal Deufiiesl < > r l'ar. lHs , MnetiiK or HnarliiL- noises Thlf keaed Uriini. * tc ' Ki'hinij I.o iof Vltm I'ownSleep * I , . , , , , , , , . , , lif-iMindonC ) . I/ ' " " < > l Mrnior ) Coatu'lonof Men' , Hlurti Medlclm1int free from ob-i-rvatlon to all piirtsj of thu I nltvil Plates. Corri-spondonco u-i-i'ivfsj prompt attention. No li'ttcis an eri-d unless ; accompanied by four cents lu stamps N-iid ten cents lu stamps for pamphlet and list of ntu-s- tloni. upon pilvate , special and nervous dB ' ' IVrini sulctly cnsh. Cill on or address , DR. POWELL REEVES , No. ail South 13th St. . Omaha. Neb Jl k your retailer for Ihn JAMES MEANS SHOE or tlio JAMES MEANS $3 SHOE , iifin i ill MI ; to your net-dx , C'Al'TION ! l'o lllvcl- none rtmiliirimlrii our uuil prltc Bi | | < r | > Ulnl > i > n the iol i .Soma ill .ilrrs , la onlr r to make A larti r pruflt. will recoinrutnil the Inf. . rlor with which the nuirkit Ii SlfoK i ll'M" nil i"li h U Ilkr imluckliie ' 'iP.1/ ' ( ) Ulltis : SO "HKKAK. IN. ' " l"ln fj , " " ' II tatuir 1M rnoj.1 uilidkuniillilii evnr \tui r irf t cfiu * * ° the Ii4nu irwed hurt which J7ort9 JAM r. i MKAN : SHOK Iv r l * 1 " hn * nd Ii ibinlulrly tl.innlv . l * ( f It" l'ih ' whlrli limeifrliffii pUcfrt ril ii > l ) nn the muikil In wlmii ihirahihiv Ii cciiiililrrert U feriin i outw ril Piioranrr Tlie hn t "old l > It" Ifit leUIUri thrciunhoiit tlir lulled MAIM , and we will r.Uce ll < om c nly within > our rf cli In any itili. nr IrrrlKiry If } on will i > nd in a pnilil rarrl , mrnll'iiilnii II , Ii ftffr , 4nme > Mt-aiii 5r Co. , tl Lincoln hi , lloiton , MM. full line of Urn nliovo Shoe s for siilo In OMAHA by ( J. W. Cook. I'JH rarnnm Mrtftt ( J. H MHl'-r , MaNoitUlbllifctu-eti llayward llrot. . 'I7 ' H < > 'it ' ! l&tti atrtet. In COUNCIL , llLUfu li/b r ! ent * 41llroaUway. . SteckPiano Jlemarkablo for powerfuljvinps- TTiotTc time , pTmlJlnaitli' " anrtjib- iliyi'ar reconl , solute dijrablUty _ _ thuliit unr nte < > rth _ uxc l _ i of fhevi Insti utiiyutn. WOODBRIDGEBRQS. Wrlllnenoroull | > " . licit and .bortt.l a t m BOW IB u. . CliouUrs . n tl. A. ' .