Maryland free press., 1866-10-25


fore Gov. Swami TO show cause why they
should not be removed for gross Official
misconduct.
The charges preferred against them were
numerous and signed by over eight thou
sand citizens of Baltimore.
The law of the State gives the Cover
nor the power of removal for cause, in the
recess of the Legislature. These gentle
men being Radicals the probability of their
removal has stirred up quite comm otion
among that party. They threaten to re-
sist BY force the execution of the law
We think, however, all this bluster will
prove but tempest in teapot. Ii the
Governor finds cause for removal. the re-
moval will be made and the Radicals will
submit, or be made to do SO. =
They deny the power of the Governor
to remove at all, and are enlisting and
arming their forces to resist the execution
of the law. Who is to pay the forces they
are thus calling into the field, or what will
be the consequence of their rebellion
against "the powers that be- is yet to be
seen. In the right Of removal the Gov
ernor is sustained hy the following opinion
of Hon.. Reverdy Joanson.
BALTIMORE. Oct. 90, 1866.
To MEssns. ALFRED d. EVANS, J. S.
SuIpLEY AND II r. DELANY.-Gentlemen:
Your note of yesterday is received. re-
gret that professional engagements. which
I am now discharging, and which promise
to occupy all of the coming week.
put it out of my power to act as counsel
in the matter you refer to.
In compliance with verbal request Of
one Of your members I proceed brie fly to
state my opinion on the legal question the
matter presents.
Has the Governor. in the recess of the
General Assembly, the power to remove
the police commissioners of the city for
.'official misconduct" l have no doubt
that he has.
The words. of the law are so plain as to
admit of but one construction. The du-
ties of the board Are prescribed, and to
guard against failure to perform them. "a
contingency that might happen,) the law
says, "for Official misconduct, any of the
said commissioners may be removed by a
concurrent vote of the two houses of the
General Assembly, or by the Governor du-
ring the recess heref."
This is the only provision on the sub
ject. The offence guarded against is ''of-
fetal misconduct" The penalty for it is
not fine or imprisonment, but removal
from Office alone, and the authority to in
vestigatc all the facts and enforce the pen
atty is. if in session, the General Ass,m-
bly,; ifnot in session, the Governor. There
being now Legislative recess, the jurisdic-
ton and tie power to award the penalty is
in the Governor. 1t is suggested, am
told, that before he can remove the COM
missioners, the fact of their official miscon-
duct must be tried by court and jury
This is absurd:
First. Because the courts are not nam
ed in the law, either expressly or implied
ss having any jurisdiction in the case.
Second. Because the Governor who,
can alone render the judgment Of removal
has devclved upon him the entire response
bility; and. that being SO, it must be for him
exclusively to investigate and decide the
fact, and not avoid responsibility by re-
ferring it to the courts.
Third. Because he has no right to call
upon court or jury to assist him, and
no one else has such right.
Fourth. Because no matter what court
might find to be the fact. it could not, il
found one way, award the only penalty
that can be rendered, or if found in the
other, deprive tho Governor of his power
to award it, or absolys him from the duty
of doing so.
And lastly, because b. s power. during a
Legislative recess, is the same over the
facts and penalty as that of the General
Assembly when in session; and 1 suppose
that no one will hold that that body could
only act in association with or in subordi.
nation to any of the courts of the State.
1t is impossible. l think, for a sound
mind to entertain doubt upon tie point.
Upon the whole, therefore. I have nc
doubt that it is given to the Governor
alone 0he Legislature not being in ses.
sion) to investigate into the truth of the al
legged misconduct Of tho police commits
sioners, and to remove them, il he be sat.
isfed thatthey have been;guilty of "officia
misconduct" Yours. Respectfully.
REvERpY JOHNSON.
| p g ThA latast from, the polica Ton,