Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-05-22

a
r. Yesterday morning Judge Green deliver
lea his opinion on the application made by
the city of Columbus for an injunction
against John Field, Harvey Bancroft and
others, Police Commissioners appointed
under the Metropolitan Police law, re-
straining them from exercising power as
SUCH We are, unfortunately,, unable to
present our readers with this able and great
delivery entire this morning; yet all who
| heard it agree that it was an immense ef-
| fort. and one that will give Judge Green
high place as an able iurist. o.g ~
The Judge, after reciting the law and
supplementary law cnder which the de-
PENDANTS were appointed; their acts in or
ganizing and appointing police force;
that on the 10Th of April, 1867, Milton II.
Mann, Prosecuting Attorney. filed an in
junction in the nature of quo toararto in
the District Court, by permission of Judge
thereof and all the other preliminary ac-
ton In the case, came to the act itself
which, though designed for city of the
first class, was extended to cities of the sec
ond class, without any attempt being made
to reconcile Inconsistencies or .snbdue in
congruities. That these incongruities must
arise was to be expected in the very nature
of the case, Some of the difficulties of ap!
plying the law to cities of the second class
were alluded to. Section 81 of the law pro-
vides that sit shall be the duty of the
Board of Police to prepare and submit to
the City Auditor, on or before the first
Monday of May of fa every year,
go j =. ~
an estimate of the whole cost of providing
for and maintaining the police departa
ment.Y Now there is no such officer known
to the government of the city as an Audi.
tor. 1t will not do to say that the City
Clerk acts as Auditor. The duties of the
Clerk are specifically defined by law, and
are not those of an Auditor. Equivalent
words are not admissible. The law must
state what it means, and when it direcUs
thing to be done which there is no officer
to perform, the hiatus cannot be supplied
by some other person. The City Clerk can
no more perform the duties of Auditor
than the County Auditor can perform the
duties of the Clerk of this Court.
Section 81 also provides fora Metropoli-
tan Police fund, and section IL for '.Poliee,
Life and Health Insurance fund.-" both of
which funds are to be placed in the charge
of the City Treasurer. There is no such
officer as a City Treasurer in the city of
Columbus. The office was abolished by act
of 1862. Can his duties be performed by the
County Treasurer? When the law dis
tinetly directs certain duties to be perform
ed by one officer, can the Court substitute
another to perform duties not known in the
government of the city of Columbus ? He
apprehended not The County Treasurer
would have placed in his hands some $22,
600 besides the life insurance fund. Would
his bond cover this, and would the security
be sufficient? The condition of his bond
does not require him to receive and dis
iburse it. Securities on an official bond are
not liable beyond the extent of their obli-
cation. 1t seems. then, very questionable
if sureties could be held for this fund.-
Section 80 repeals all acts or parts of acts
inconsistent with the provisions of this act.
Is the act; of 1862 repealed by, it? If SO,
there is no officer to receive this fund. Il
IA city of the first class has Police Court
with clerk, and seal, and having concur
rent jurisdiction with the Court of Common,
Pleas. The Mayor is only to sit as Judge
in the event Of the absence or sickness of
the Police Judge. There is no such officer
as q Police Judge, or such Court as Police
Court in this city,. How then is this juris-
diction to be exercised here? The ex-
animation must be in the Police Court.
The commitment must be by a Police
Judge, except when the Mayor may COM
NIT in his absence. When the law conters
power on one, can it be exercised by an
other 2 He thought not. He considered
this law, in its effect upon this city, felo
de Sc, and that it cannot be executed.
| 1t is claimed that the law is unconstitu-
tional and void. Laws must be uniform in
their operation throughout the State. The
Convention which framed the Constitution
did not intend by this, that. laws enacted
fora village should be extended to
Cincinnati, nor vice uersd. 1t cannot
be affirmed that nc power is LETT in
the Legislature for thes2n enactment
of laws as local remedies, but such laws
must be local. Yet when laws are intend
to affect all of a kind, the law must be uni
form in its operation, and affect all of that
class. The Judge explained the different
classification of cities and villages, and the
object of classification. A police force is
indispensable To- all, You cannot exist
without. Can it be shown by any system
of logic that law that is fit for city of
the second class is not fit for all of
q like number of inhabitants? He could not
understand any such thing. By the last
Federal census, Dayton and Columbus
alone bad the required population to ena-
BILE them to enjoy the benefits of this new
scheme of police. They alone are affected
by it. If they had alone been mentioned
by name, would the operation of law been
any more local and Particular He thought
not. A law which violates the intention
and spirit of the Constitution is as COM
pletely void as though it had violated its
letter. For these reasons then, he concluded,
that although it is law general in it
terms it is local in its application, and
therefore violates the spirit of the Consti-i
Butanother provision of the law is SO
repugnant to good government that he is
compelled to arrest its operation. Section
13 provides that ''the Superintendent Dep
| nty Superintendent or Captain of police
having just cause to suspect that any fell
ony is being, or is about to be committed
| within any building, public or private, or
on any wharf or enclosure, or on board Of
] any ship, boat or vessel within said city.
/ may enter the same at al hours of the day
and night, to make all necessary measures
| for the effectual prevention or detection OF