Legal Opinion · Dissent

State ex rel. Thompson v. Donahue

Nebraska Supreme Court

Decided April 20, 1912No. 16,802Published

Original application in quo 'warranto to oust respondent from the office of chief of police of the city of Omaha.

1DissentEose, J.

In my view of this case, the majority in their opinion have departed from three fundamental principles which seem to-me to be essential to the welfare of society: (1) In a proceeding to remove a police officer for Avilful failure to enforce the law, he should not be alloAved to retain his office by shoAving that he obeyed the lawless directions of his superior officers, though in doing so he permitted open and notorious lawlessness and Adolated the solemn enactments of the legislature and the instructions of the governor whose duty it is as chief executive to s'-e that the laAvs are…

2Cases cited7 opinions

  1. State ex rel. Hastings v. SmithNebraska Supreme Court · 1892
  2. State v. HastingsNebraska Supreme Court · 1893
  3. Highway Commissioners v. ElyMichigan Supreme Court · 1884
  4. Buckmaster v. McElroyNebraska Supreme Court · 1886
  5. Louisville & Jeffersonville Ferry Co. v. CommonwealthCourt of Appeals of Kentucky · 1898

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