Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-08-23

A copy Of section twenty Of the law is
herewith inclosed.
Ihave the honor TO be, very respectfully etc,
HENRY J. LYNN. Mayor pro tern.
To Col. 3. B. BEAUMONT, Commissioner Metro
poltsn Police.
OFFICE or SUP'T METRoPoLIrAN POLICE
MEMPHIS, Tenn, August 20, 1887.
Hon. H J. Lynn, Mayor pro tenn, ETC.:
Sir: Your favor OF the 18th inst. came
duly to hand, and has been carefully con-
sidered. The question ofthe metropolitan
police act and amendments to the same
having been submitted TO the supreme
court, and the amendment to the city
charter to section 20, to which you have
called my attention, having been treated
by the city attorney as 8 part OF the case,
the board Of metropolitan police com
missiOners claim the right to withhold
such action as you claim to be their duty,
pending the decision Of the court. Should
the law be sustained, the board Of metro
pOlitan police commissioners will not
allow themselves to be outdone by the
honorable board of mayor and aldermen
in complying with its requirements.
Very respectfully, your OBJ sery't
5 B. BEAUMONT,
Superintendent Metropolitan Police.
Mr.. BEAUMONT has made, at last, an
immense mistake, az he will be very
likely to learn, if the Mayor does his
duty, and applies for a mAndamus
against him, TO compel him to make the
statements required by law. He is
wholly inexcussble. He says that he
does not choose to file the statements,
and so ~disobeys the peremptory man.
date Of the law, because the validity OF
the act creating the MetrOpolitsr police
is contested in the Supreme Court. But
he does not hesitate to obey the Law that
requires the Police Commissioners to
raise the tax on licenses to $3.50, upon the
failure of the Mayor and Aldermen to do
so. There is no degree Of charity that
can find an excuse for his setting at
naUght one law while he Obeys another.
He is exercising very important powers
every day, upon the hypothesis that the
law under which he acts is valid, sud
is guilty Of q misdemeanOr in refusing to
obey that which requires him to file
statements with the Mayor q refusal,
moreover, which justly subjects him to
very grave suspicious.
A mandsmus will lie, aver on the reIa-
ton of a private citizen, to prevent 9
failure Of justice, and for the execution
of the Common law, or of some Statute,
or of q Charter. ReE rs. White. Cas-.
Temp. HardW. 90. In such matters of
public right, the people are the real
party, and it is the duty Of every citizen
to interfere, and see that q public offence
be properly punished, and that q public
grievance be remedied. The People rs.
Collins, I9 Wend. 50.
The writ will not lie to an officer who
has q judicial discretion, to act or not to
act; but it lies to compel the perform
ance Of ministerial acts directed by
statute, and particularly in matters Of
general and public concernment, as in q
cas- Of neglect Of official duty or disobe-
dience Of the law. By TRACY, Senator,
in Judges, &c, rs. The People, IS Wend.
81 and to correct "su extra-judicial
errors which tend to the breach Of the
peace, oppression Of the subject, aud
other misgovernsnce." CoMYN, Man.
dGmuS, A. 1t will lie to q Common
Council to compel them to proceed with
q public improvement, when q Statute
peremptorily requires them to do it.
People rs. Com. Council Of Brooklyn,
p Bard. 4O4. If a Board Of Supervisors,
for example, negleets to perform q duty
positively imposed on them by Statute,
their neglect cannot nullify the Statute.
They or their successors are bound to do
what was required, and on failure to
perform 1t, may be compelled by man
damus, and in some cases are liable to a
penalty for their neglect. People rs.
Supervisors Of ChenGn9o, 4 Selden $50.
Moreover, Mr.. BEAUMONT is liable to
be indicted, under Art. 1916, Of the Code,
which makes it s misdemeanOr, " for
any public officer, or person holding any
public trust or employment, wilfully to
neglect to perform his duty, where no
special provision has been made for the
punishment of such delinquency :" and,
upon conviction, he is, in addition to the
punishment prescribed, to be removed
from his Office, and shall forever there
after be disqualified from holding office
under the laws and Constitution Of the
State,n Art. 4Sl7.
Mr.. BEAUMONT can be convicted on
his ewn letter, and may be proceeded
against by indictment and mandamus at
the same time. His enemies " have him
on the hip" at last.