Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1870-07-29
LOCAL NEWS.

0rla COnulcG VI authority easy, ltCelFcu Atlo Ny
the clerk OF the Corporation Court late yesterday
evening by mail from Warrenton
In the matter of James +. Webster and
John L. Smith, petitioners:
By virtue of warrants issued July 20, 1870,
BY Hugh Latham Mayor of the city OF Alexan-
dria, and directed TO John T. Berry, constable
Of that city, the petitioners were arrested.
brought before the Mayor on the same day,
and were by him, 10 default Of bond for their
good behaviour. committed 10 prison.
The counsel Tor the petitioners waiviog all
formal objections to the warrants and commit
ment, the case comes up upon its merits.
1t seems that the City Council, uy an act
passed July Is, 1870, entitled "a1 act to reor-
ganizs the police OF Alexandria," provided for
the appointment, by the CounciI, OF twenty. one
policemen, one Captain, and one Lieutenant Of
police. This law which contains several other
provisions, which have been objected to by the
counsel Tor the Mayor, which objections will he
presently noticed, was vetoed by the Mayor, by
virtue OF the power vested 10 him by the char
ter, but was subsequently passed ty the CUun-
ell over his veto, and became Il law Ct the Cor
poratioD. Under this law, the force provided
Tor was duly elected, and no mode Of qualticl-
ton being prescribed 10 the law, they took an
oath before magistrate faithfully to discharge
their duties DC ~
By an act enttled all act ~ reduce iuto obc
aud amend the several acts respecting consta
slcS," (page G5 OF Corporation Laws it is de.
ciarrd that the two polio, constablcs therein
provided for, ,rfure cutcring upon the dis
charge OF theH duties, Shall take an oath be-
fore tic Mayor well and faithfully to DISCHARGE
the duties TT the office, and shall moreover give
bond with sureties III the PENALTY OF two hun
died dollars payable 10 the Council to be ap-
proved by the Mayor, aud to be kept y the
clelk Ut The Council, conditioned for the iallbful
d>chalgc OF the duties OF the Office The po-
lie: tolce appreciated under act of July Is, 1870,
uelth:I took tile oath before the Mayo, Eor
gave the bond referred TO- and the Mayor con
sid,rlng the old law still in force, aud is pro.
visions as applicable to the new police, refused
10 lccogn!z, them as constituting the police OF
Tie city, and they pcrslstlng in acting as such
fcrc arrested ly him as diSturbsrs Of the
peace, or as at least likely to come into collision
with the Cd police force, which be claimed
VIE The lawful police OF. the city unit! their
successors we're appointed and had duly qa[ed.
By ;hc charter OF the city the Council are
authoriz d to make all laws which they shall
Conceive 70 hc requisite II the preservation of
the health Ut the Inhabitants aud for the regu
laIlon OF the morals aud police OF the city
tui,r this general power it was Clearly com
pe,cnt Tor the Council TO fix the numbe of the
tain their duties, aud prescribe the manner Of
their qualification; all these are legislative tunc
lions, aud the Council is the Legislature of the
city, whose powers are limited and defined by
the Constitution and laws Of the State aud by
the Charter OF the city.
The oh section OF the act of July Is, 1870,
rcpealS all sets and partS Of acts Inconsistent
with its provisions, and such indeed would
have been the operation and effect of the sub
sequeut law irrespective of that section.
The act prescribing the duties &C. of DO ice
c)ustab ej invests them with powers not at all |
necessary to their characters as police officers
they arc for instance authorized to levy exccu-
tons, serve attachments, and generally in |
addition to their duties as policemen to dis |
charge within the limits OF the corporation all |
the functions exercised by coostables in the |
various counties OF the STATE to this end they |
we're required to give bond for the faithful |
performance of their duty. By the act of July |
Is, 1870, this old organization is cut up by |
The roots, it is styled an act to rcorganize the |
police OF Alexandria, but it leaves no vestige |
Of the old organization instead OF the two
police conStabIes with their mixed powers and !
the seventeen night watch the police Of the
city is hereafter to consist OF twenty one police
men, one Captain. and one Lieutenant The |
whole scheme for policing the city IS changed. |
1t would perhaps have been wise to require |
the policemen 10 take the oaths OF ofic, before |
the Mayor, and to give bond for the proper dis |
charge of their duties whether wise or not the |
Council have not seer fit so TO require in the act |
organizing the force, and the tolmer act is not
in My opinion applicable, and the mode Of quail
iicatlon therein prescribed for police constabIes
need rot be contormed to by the new police iorce.
So much then OF the act of Juy Is, 1870. as
determines the number and declares the duties
h,, ,,riIo
neither to the Constitution aud laws of the State
Of Virginia, to the charter OF the city, and is
therefore binding, and the new police were pro-
perry organic ID under and by virtue OF it.
This act however, goes on to establish a
Board of Police, Indeed this is done 10 the very
first clause of the act. This hoard is ito con |
sst of TWO persons from the Board Of Alder |
men, and two from the Common Couuci, to be |
selected by ballot, who shall constitute said !
Beard OF Police until the expiration OF the |
terms tor which they were elected Aldermen |
and CounciImeL;- they arc to hear complaints
as to any misconduct or neglect of duty on the |
part OF any Of said policemen, take action to
correct the same, suspended the offender and |
report thei9 proceedings to the Council tor its |
Gnal action This hoard is empowered TO su |
pervise thaHoiice and all police regulations
and to make such orders from time to time as
they shall deem proper Tor the better preScr-
walton OF peace and order, and the protection
of persons aud property in the community.
1t is contended that this board is improper and
illegal, because the constitution of the State
art. VI sec. Xxx. provides that members of a
City Couacil shall hold no other office in cities,
and that the Board of Police are officers within
the mcauiog Of this prohibition. An Office is
defined 10 be right to exercise public
function or employment and to take the fec
and emo!umc1its belonging to it. They are
either judicial, military, ministerial, executive
or political; the duties imposed upon this board
do not bripg them within either of these elias.
sitications; they ARE not judicial, for they de
lermine nothing, they can only enquire and
report thcrcsut OF their investigations to the
Council tor final action if then any judicial
power to hear aud determine complaints against
TN nniino. resides In the Council thew NAV