, 1873-02-09
THE POLICE DIFFICULTY.
The Attempt OF tile Board Of Police
to Justify Its Action.
Mr.. Washbcrn's Suspension Not
Authorized by Law.


The Board Within The Mayors Bill, and
Subject TO Its Provisions.
To the Editor ef Ths Chicago Tribune:
Sin: The e1-Police Commissioners nave NJ
tempted to Justify tho conduct OF themselves
and the action Of tue Board in lengthy co'nmn-
! nication to the Common Council. This is, per-
| haDs. the most extraordinary document which
has been called forth by the unfortunate diff
Guilty between the Mayor and the Board.
refrain from any remarks upon the propriety Of
this communication, upon the intenapcrate Ian
gusgo in which it is ccuched, or the incendiary
suggestion thrown in at its Close The incom-
plcte and distorted statements contained in it
arc calculated to mis1ead the unprofessional
render, especially it he is not familiar NTH that
chaotic mass OF legislation which goes to mako
up the organic law Of tho city. Tho suspension
Of Mr.. Washburn is justified on the ground that,
although tho Board may no longer possess
tho power of removal, it yet retains tho power to
punish any officer or patrolman when proven
guilty on charges preferred !; and that, pending
the trial on Buch charges, the person charged
may be suspended from duty. Thus they say:
II is impossible for to how the various pro-
visions Of the Inv authorizing the trial Of member
incompctency, and to in1ict punishment when con-
viced and while such charges pending to suspend
removal by the Mayor without cause. Even II the
Mayor possesses such power OF removal will not DO
claims; By any Intelligent nan that IT. rs,e1t2 as
tho regulations of the city charter.
Granting that tho Board retain the powors
here claimed, deny that the suspension OF S1r.
Waahburn was in this case authorized by law.
The provision Of the charter il this subject is
fellows
During the pending Of charges ls.inst any police
officer ratrol'nan uroa the police force the Board
Ct Police any member Of said Bosrd may suspend
from duty any such officer p,ro1nan until ouch
chsrges can be examined by the Board Of Police.
In this case, there were no charges legally
pending against Mr. .Nashburn, and, consequent
ly, no legal ground for his suspension. 1t is
evident that charges can only be preferred before
| the Board in tho manner pointed out in tho
charter. The charter preEcribes two methods OF
| preferring charges, and only two. The first Of
these s found in tile revised charter, which pro-
1ides that "Any citizen Of Chicago, With
q view to the trial and suspension, or removal
from Office, Of any officer or policeman OF tho
police may, on oath, In writing, prefer or make
before tho Board charges or complaint" otc.
The eccond method is found in tho amendment
to the charter, approved March 15, 1863, which
provides that "The Superintendent OF Police, or
04A@S3 kA%A@t
written charges without oath, before the Board
of Police" etc. These charges, therefore, can
only be lawfully preferred by citizen under
oath, or the Superintendent or Acting supc11n-
toudent in writing without oath. No ono in
the Police Department can prefer charges, e5-
cept the Superintendent or Acting Superintend-
ent, and no one can prefer charges against the
Superintendent himself except = citizen.
ln this case, the Board took the mi
directed the Secretary OF the Board - to
present charges against Mr.. Washburn. The
Secretary accordingly prepared and presented
charges in the worry language OF the order OF the
Board. His ,preseutment commenced as fol-
: lows: "As directed by yonr Honorable Board,
Elmer Washburn. General Superintendent OF
Police OF said city, is hereby charged" DC. AS
these charges wcro not presented IN tho manner
pointed ont by tho charter, the Board acquired
no jurisdiction over THEN. They. wore not
lcqaiy presented before the Board, and the
Board had no legal right to entertain them OF
act upon them. Consequently, the subsequent
acts Of the Doard, the suspension Of Mr.: Wash
ing Superintendent t,-hhving been based on the
ground that charges we're legally. pend
ing against Nfr. Waslburn, were unauthorized
and void Tho action OF the Board in enter
void, but opposed to every principle OF fairness
or Justice. It would be an anomalous condition
of affairs if these charges could be initiated or
preferred by the very tribunal which Is to sit in
lad submitted to trial, what hope Of Justice
would he hayo had at the hands Of men who had
already prejudged his case? /? And not only was
the action Of the Board illegal and unfair, it was
orders through when they knew that, at that
very tine Mr. Washburn Was preparing the nec-
essary paperB to comply with the order Of the
Board in respect to tho manner Of doing patrol
duty.
It is evident, however, that this attempted
justification Of the Board in susperding Mr..
Washburn mere afterthouGht. They
acted first, and took counsel afterwards. Their
purpose, at the time, was not to discipline Alr
Washburn, but to rcnoyo him from the force;
and this they do not deny. This being their
purpose,-an whether it WIS their purpose or
not, their action being Illegal and dangerous to
tho discipline Of tho force and tie interests of
the public,-but one course was open to the
Mayor. lie must use his prerogatlve to snstain
the man who had begun to maEo US feel that
the laws OF the city could be enforced.
In their communication, tho e1-Commissioa-
ers deny that they were members Of Board or
gsnized under the charter Of tho City Of CHI
cago or amendments thereto. They say:
II is not That tho Beard OF Police organized
under the charter Of the City Of Chicago any acud
"An set to establish Beard Of Police in aud for tho
City Of Chicago and to prescribe their powers aud du
ties, " paced Fob q, 1851. !
True; but the net ct Feb. 21, 1861, was in |
fact, though not in name, an amendment to the |
charter Of tho City Of Chicago. The title Of an
act ia 10 part Of the act ithalf; and, to deter
mine it's character, wo must look to the subject
matter. An amendment in legislation is defined
to be tan alteration or change Of something |
proposed in bill or established as law" (Boit- |
rjc7's Lo,o-Dictiona,JO. The act creating tho |
Board of Police did oHer and change, in very
material respects the then existing charter Of |
the City of Chicago. Prior to this net. there
existed police forco which was Differed, con-
to provisions of the charter. By the act |
referred to, these provisions Of the charter |
we're ali changed or abrogated. The method of |
appointing and removing men from the force,
the method Of psying the force, their regulation |
and discipline. all were changed. Duties which !
before devolyed upon other officers Of the city !
we're transferred to the Board Of Police. Tho |
Board were made by tie act an Executive De- |
partment Of the Municipal Government Of tho |
city" They were not created an Independent |
corporation or body, but were o department en- |