, 1873-03-02
THE FIRST KN0CK-D0WN.
Mesgrs. Reno and Klokke Tloored
by Judge Gary.
leaye to File an Information Against
Nessrs. Wright and Mason
Denied.
The Old Board Decided Never to Have
Had Any Title to the Office Of
Police Commissioner.

EOuE6 V0mlulSS1Outl.
The Mayors Power Of Removal Subject
to No Check Whatever.
Judge Gary, yeatcrday, gave the following de-
cIeion on the application Of the e1-Fohce CON-
rnissoners to file Al information agalnst MeHars.
Dlason and Wright:
THE DECISION.
7n this application for leave to file an information
in tho nature Of a quo ~aIranto, agatns1 Mesais. Re-
Wright and Mason, for unawfuly intrudtng into tho
oce Of the Police Commissioners Of the City OF Chi
raoo ia necessary hst the REALTORS should show with
ZONE degree OF probability that In fac the respond
ena Wright and Nason, have not valid title to the
9 sgss q Mhi haRs y o e.
Is for the REALTORS to show but tst IL te
11ain one a -.s..a,n
ali cities of this State all city officers whose election by
the ouoaed voters thereof not provided for " aw
chnrter OF amendments thereof, of any such city e.
cent these appointed by the Governor Of the State
t5s tSe eonsepf Of he legislative authority thereof
tority Of all the members elect coucurrng ~ yeas ana
rn;A to be entered upon its Journal Tbe ground
tile to the Office is valid l. tint they themselves,
The rclators, were elected at the general election IN
the iii Of 1s7o by tie Of Cook County, to those
6a1 r. rev themselves were not invested with tho
tile to that Office By the election the9 they iho% 10
because tie inyalidy Of the respondents title IN the
wy that It is put By tho REALTORS sesns from the Po
the proper incubents Of the Office undor the election
The nnuuer in which the respondents came to the
edoned by he REALTORS to impeach their title however
It may have accrued Is by Ehowiug that they thcn-
.ess had The Prior ill., md tat tsfsf9F 11 s IN no
It is ueccssary then to inquire further whether, IN
fact this office elective one, IN the fa OF lss2
IN the respondents te is nferential from the aega-
t!on TINT tho raators we're elected 70 the oeo IN the
fan oi 1872 there is nothng Sen 4 ~ %hy
title. For tho REALTORS is said that this section Of the
law Of 1872 does not include the Police
Board Of Poce not organized under the charero
amendments thereto, Of the City OF Chicago; Now it
roace Ice was W under an act Of 1851 approved Feb Il,
which IVES entitled "Au act to establish Board Of
poice IN and for the City ct Chicago and to prescribe
amendment Of the city charter, but the efecto1
Il TO change the entra organization Of tho police
Of the city, that iz the government Of the police
force Of the cy. It operated repeal, By repug-
nance Of many pEovtaons Of The e1ty charter which
vas before in existence a2d .pnstnted % other prov
uent In effect although not so declared By the Iegis
lature itself And, besides, in the common SENSE view
which have before me- in Is illinois, page 49, IN
reference to Au act which entitled "An act to
HmeQQ the CQA1L4G QI LQe Oh 6a1u ~
amounts to no more than an amendment the gene
ra1 law requiring taxes collected for county purposes
to be Paid into the treasury Of The county, 50 hss
the Supreme Court upon the subtec-thAt It Is not es
sentia order constitute act amendment Of
another that should be declared On the face Of to
to be amendment II it is in fact change, sub
Btituon OF other PROVISIONS for those previously exist
ing, then it is IN amendment.
That the Commissioners Of the Board Of Police Of
tbs tbs ct city d sFs ,s he IN Board i fo
dT7tn
thereto believe not questioned; considering that
act Of 1861 amendment to tho city charter, #
Of the city and the Commissioners not appointed
b. Governor Of the State that 1t is within the
Then tbs constutionnity Of the act is questioned,
whch it Is objectionable It has been the law Of this
tioEs which established as part Of The
control and may 10 changed modified, enlarged, re-
strained, or repealed to enit the evel.va5ins e1i-
pubic corporations OF the sate established as put
Of the police Of tbs State and it's charter Is not only
very frequently ehsnged By the Legtsatnrs even On
this matter Of e1ectng Police Commissioners. In 1851,
the Board Of Police consisted Of three Commissioners
to be appointed first by the Governor, and their sue
ceasora 10 be elected b the people OF The city By
the charter Of 1868, ths Mayor was added to the
stricken out Of the Board, and The mode Of election
eso2s % Of fss Poee Poi s IS one he mode
Of filing vacancies changed by substituting the
board of Supervisors for tie Common Council: 80
that there have been frequent changes, and without
question. Nobody ever questioned the power OF the
Legislature 70 change the mode Of electng the mem
beTs Of the Board the power Of the Legislature to
change the number Of it's members either to consh
tute the Board Of three Commissioner, with the
Il scans n e me- then' upon that snge ground @ hat
tho Office was not elective IN the fall Of 1872 but was
to be alled 5y appointment by the Mnyof si VIII the
valid attack upon the title Of the respondents to the
cfice.
is new, Important and doubtful question to be set
tied leave to file the information should be granted:
ss hs sss h ts and ID ss
tim that ons It = doubtful It zee seems ito to mo to
City Of Chicago was changed by the act Of 1872 from
election by the people Of the county TO appointment by
70 st It Is quite unnecessary for me to Inquire into
the power Of the Mayor to remove the REALTORS be-
cause, upon their own showing, they never had any
Of respondents excerpt the result Of their prior
valid title Nor do they show ay other interest which
tors in attacking tho title Of the respondents than
the ground Of their OWL prior valid title.
Sor s t. III Ii
officers whom he has power to appoint. It is unu-
sual unprecedented thing that the Chicf Executive
How it may be rs to cities, do not know; but subor
dinate officers Of tho nation and frequently Of state
removal 1t ny time, ~ the chief Executive, and
without any verbal or sufficient for removal.
They subject to removal at the pleasure Of
the Chcf Executive.
In this section the Mayor is required Ito state hs res
Sons tor the removal to the Common Council but that
operates only check upon him, sort Of moral re-
sponsibi1ity to his constituents and regard for his
Own constituency, By showing that he did not from
t5rannical exercise of power might subject him to In
peaehment,- believe there is provision In the
City Charter that he may be impeached-bu the pow
Of removal is subject to check whatever It Il
absolutely discretionary with him, under this section
whether he will remove not.
Il B not In fact before me, how the respondents did
get into the Office because it is not shown. To 10
the counsel here between themselves before
me- 70 to hoE es got III but % mpen the papers + did
q tnfcrentil from the prior alleged valid tile Of the
relators, aud, in my Judgment, they lever had
particle Of title. It being alleged that they In
Office by virtue Of election In the fall Of 1872 when
The lsw did net provide for any election, OF course