stitute a quorum for the transaction of business. Before entering upon their duties cach of said officers shall take and subscribe an oath, to be filed with the city clerk, faithfully, impartially, honestly and to the best of his ability, to discharge his duties as a member of said board, and that in making appointments or considering promotion or removals, he will not be guided or actuated by political motives or influences, but will consider only the interest of the city, and the success and effectiveness of said department.

7510 (60). When governor remove commissioners.

The governor may remove any of said commissioners for misconduct in office, or should they, or any of them become disqualified to act as such commissioner. Any citizen of the city may file with the governor written charges against any commissioner he may deem guilty of misconduct in office and the governor shall, within a reasonable time, investigate the same upon testimony to be produced before him, and shall make such finding as to the truth or falsity of such charges as, in his judgment such testimony warrants, and in case such charges are adjudged by him to be sustained by the evidence he shall at once remove the commissioner so found guilty, and appoint another qualified to fill the vacancy thus caused. The governor, when sitting to investigate charges preferred against a commissioner, shall have full power and authority to compel the attendance of witnesses and the production of books and papers, and he may hold such meeting at the most convenient place in the state for the purpose of such investigation. In making all appointments, either to fill vacancies or otherwise, he shall so appoint that not more than two members of the fire and police commissioners shall be of the same political faith or party allegiance.

1. The requirement that appointees shall have different party affiliations is at least advisory. Whether mandatory not decided. State v. Bemis, 45 Neb. 724; 64 N. W. R. 348.

2. Whether the requirement is class legislation not decided. State ex rel. v. Stuht, 52 Neb. 209; 71 N. W. R. 941.

3. The provisions for removal of city officers do not apply to police commissioners. The commissioners can only be removed by the governor for misconduct in office, and they have a right to a hearing on such charge. State ex rel. v. Smith, 35 Neb. 13; 52 N. W. R. 700.

7511 (61). Board employ firemen and policemen.

The board of fire and police commissioners shall employ a chief of the fire department and other officers, and such firemen and assistants, as may be proper and necessary for the effective service of this department, to the extent and limit that the funds provided by the mayor and council for that purpose will allow. The board of fire and police commissioners shall have the power and it shall be the duty of said board to appoint a chief of police, and such other officers and policemen, all of whom shall be electors of such city, to the extent that funds may be provided by the mayor and council, to pay their salaries, and as may be necessary for the proper protection and efficient policing of the city, and as may be necessary to protect citizens and property, and maintain peace and good order. The board may appoint such number of police matrons, not to exceed two, whose duties shall be defined by the police board.

1. For history of amendment concerning police matron see State v. Bemis, 45

Neb. 724; 64 N. W. R. 348.

7512 (62). Fire and police appointment subject to removal.

All members or appointees of the police or fire department shall be subject to removal by the board of fire and police commissioners, under such rules and regulations as may be adopted by said board whenever said board shall consider

any

Suitable blanks for making such reports shall be furnished to the chief of police by the city electrician and health commissioner. Such reports shall be by the chief of police transmitted to the proper officers of the city. In case of violation of law or ordinance the policemen making report shall report the facts. to the city prosecutor. They shall also perform such other duties as may be required by ordinance.

7516 (66). Fire and police funds-How disbursed.

All expenditures of moneys in the funds for the maintenance of the fire department and of the police department shall be under the direction and control of the said board of fire and police commissioners, and no appropriation from said funds shall be made by the mayor and council, except upon resolution of said board entered on their records.

7517 (67). Chief of police-Duties of.

The chief of police shall have the supervision and control of the police force of the city, subject to the orders of the mayor and board of fire and police commissioners. All orders of the board relating to the direction of the police force shall be given through the chief of police, or in his absence, the officer in charge of the police force.

1. The statutes of this state require the mayor and chief of police to actively interfere to prevent open violations of the law. This duty will be enforced by man

7518 (68). Chief of police execute writs.

damus. Moores v. State ex rel.,

-; 99 N. W. R. 249.

Neb.

2. For jurisdiction, duties, and salary of police judge see secs. 7668 to 7682.

The chief of police shall be the principal ministerial officer of the corporation. He shall, by himself or by deputy, execute all writs and process issued by the police judge; he, or one of his deputies, shall attend each session of the police court and preserve order therein; and his jurisdiction and that of his deputies in the service of process in all criminal cases, and in cases for the violation of city ordinances shall be coextensive with the county. The chief of police or his deputies shall take bail, when the police court is not in session, in all bailable cases for the appearance before said court of persons under arrest; but such bail shall be subject to the approval of the police judge.

7519 (69). Chief of police subject to orders of mayor.

He shall be subject to the orders of the mayor in the suppression of riots and tumultuous disturbances and breaches of the peace; he may pursue and arrest any person fleeing from justice in any part of the state. And shall forthwith bring all persons by him arrested before the police judge for trial or examination, he may receive and execute any proper authority for the arrest and detention of criminals fleeing or escaping from other places or states.

7520 (70). Chief of police same powers as sheriff.

He shall have, in the discharge of his proper duties, like powers and be subject to like responsibilities, as sheriffs in similar cases.

1. Secs. 71, 73, 171, 172, and 173 of the charter of 1897, 7520, 7522, 7461, and 7462, required the active interference of the mayor and chief of police to prevent vio

lations of law. The performance of such duty could be enforced by mandamus. Moores v. State, Neb. -; 99 N. W. R. 249.

7521 (71). Policemen give bond-Powers.

Each policeman shall give a bond conditioned as provided in this act and shall have the same powers as constables in arresting all offenders against the laws of the state, and may arrest all offenders against the ordinances of the

city with or without a warrant. In discharge of their duties as policemen they shall be subject to the immediate orders of the chief of police.

7522 (72). Police relief fund.

The board of fire and police commissioners is hereby authorized to create a police relief fund by assessing upon each member of the police force a sum to be deducted from the monthly pay of each member, not exceeding one per centum thereof, and the sum so fixed and deducted shall be paid to some person or bank designated as treasurer of such fund, and shall be used exclusively to relieve members of the force when sick or disabled from the performance of duty, for funeral expenses, relief of their families in case of death, or for pensions when honorably retired from the force. Said board is also authorized to create a relief fund for firemen under the same regulations as the said police relief fund, and may assess each fireman a sum not exceeding one per centum of his monthly salary.

7523 (73). Fines, rewards, etc., credited to relief fund.

All moneys received from fines imposed upon members of the police force of such city for violations of the rules and regulations of the police department; one-fourth of all rewards given or paid to the members of the police force of such city, except such as shall be excepted by said board, and all moneys arising from the sale of unclaimed property or money after deducting all expenses incidental thereto, shall be paid to the credit of such fund. The fire and police commissioners shall be trustees of the fund, and shall invest the same from time to time, when there is a surplus, in United States bonds, bonds of the State of Nebraska, bonds and general fund warrants of such city or bonds and general fund warrants of the county in which such city is located. Provided, That it shall be the duty of the treasurer of such funds to deposit and keep at interest so much of said funds as may not be invested as aforesaid, in such bank in such city as may be designated by the board of directors of the police relief fund, hereinafter mentioned, and approved by the board of fire and police commissioners. 7524 (74). Relief fund-How disbursed.

The members of the police force of the city shall make such rules and regulations as to the disbursement of the police relief fund to the members as they may deem proper, such rules and regulations to be approved by the board of fire and police commissioners. And the members of the police force, each having one vote, shall elect annually, on the first Wednesday after the first day of June in each year, a board of seven members from their own number, to be known as the board of directors of the police relief fund, to whom shall be entrusted the entire management of the fund and its disbursement, subject to the approval of the board of fire and police commissioners as herein provided. The firemen shall also make such rules and regulations and shall elect a board of directors at the same time and in the same manner.

7525 (15). Board of directors of relief fund.

The board of directors shall organize, electing a president and secretary, and no payment of any money shall be made from the relief fund, save for investment by the trustees, except upon the order of the board of directors, signed by the president, countersigned by the secretary, and approved by the board of fire and police commissioners. Members who have resigned, or have been dismissed from the force, shall have no interest in or claim on such funds, and members who are honorably retired from the force shall have only such interest in the fund as may be fixed in the rules and regulations in relation to the fund by the board of directors, and approved by the board of police commissioners.

$ 7528]

APPOINTIVE OFFICERS.

7526 (76). Patrolman-Compensation when injured-Pension.

When a patrolman or an officer of a higher grade on the active force becomes bodily disabled in consequence of and while in the performace of official duty, he may continue to draw his regular salary, at the discretion of the board of fire and police commissioners, for a period not to exceed three months. If such disability, incurred in consequence of and while in performance of official duty, shall appear to be of such a character as to permanently unfit such member for active duty upon the police force, he shall, upon the recommendation of the mayor and the approval of the board of fire and police commissioners, be retired, and shall be allowed out of the police relief fund a pension of ten dollars per month, to be paid monthly, but if any member of the force, on recovery from such disability, be assigned to duty and full pay, his pension shall cease. Patrolmen and officers of a higher grade who have done faithful service, and have been disabled so as to unfit them for serving for patrolmen, or as such officers, may be assigned to other duties suitable to their physical abilities, and shall always have preference in such assignments. When such member of the force in consequence of such partial disability has been assigned to any position having a rate of compensation lower than the one to which such member was entitled, previous to his disability, such assignment shall not exclude him from receiving a pension. or terminate the pension which may have been awarded him. The pension herein provided for shall be aside from and in addition to any allowance which may come from the police relief fund provided for above. Any patrolman or officer of a higher grade who has served faithfully for a period of fifteen years from and after the passage of this act, and who has reached the age of fifty years, may on retirement from active service, on recommendation of the mayor and the approval of the board of fire and police commissioners, be allowed a pension of ten dollars per month, to be paid as provided above for pensions on account of disability.

7527). Term of appointive officers.

All officers appointed by the mayor and confirmed by the council shall hold the office to which they may be appointed until the end of the mayor's term of office, and until their successors are appointed and qualified, unless sooner removed, or the ordinance creating the office shall be repealed, except as otherwise herein provided. If the mayor shall neglect or fail to make any of the appointments herein designated to be made at and within the time herein specified, then the city council shall be and is hereby empowered to fill such offices by election, a majority of the entire council, being requisite to elect such officer. Any officer thus elected by the city council shall have the same tenure of office and the same power and authority as if he had been appointed by the mayor and confirmed by the council.

7528 (78). How officers appointed.

The appointment of officers to be made by the mayor, designated in this act, shall be made and submitted to the city council for confirmation at a session to be held on the evening of the fourth Tuesday following each general city election. Said appointments are as follows, and shall be made and considered in the following order: City engineer, health commissioner, plumbing inspector, boiler inspector, city electrician and city prosecutor. The mayor shall also submit all other appointments required to be made under provisions of ordinances not in conflict with the provisions hereof on or before the Sixth Tuesday following the general city election.