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. ' .
