, 1873-06-08

and entered upon the discharge of the duties {
the of1icet
To this plea the replications have been flei
The first one alleges that at the general election
hold in November, 1872, in tho County Of Cool
votes were cast by the qualified voters Of th
county for persons legally qualified to hold th
Office of Police Commissioner to fill the vacanc
cauHed by the resignation Of Jacob Rehm, an6
on counting the votes in the manner require
BY the statute, it appeared that large majorit
thereof wore cast at that election for Klokke
That he was commissioned by the Governo
On onooua;, taG 27th Of sa November, 1872 Qualities
performance Of his duties, and continue
to exercise the same until un1awfully eyicted b
the defendant Wright, on the Oath Of February
1878. Wherefore it Is alleged that the ofic
did not become vacant, as averred in the plea.
Tho second replication alleges that the reasons
set forth in tho communication Of the Mayor t.
| the Common Council for the removal Of Klokks
we're noe true, and were not the actual reaaonl
which influenced him to attempt tho removal oI
/ the relator,
To both Of these replications the defendant
J has interpoHed demurrer.
The question raised by the demurrer involves
tho validity Of the act Of the Mayor in removing
| Klokke: Ii his act in this regard WAS unauthof:
! ized in law, then there Was no vacancy and the
defendant is intruding into an Office to which he
| has no legal right. The determination Of this
! question depends upon the construction which
should be given to the first section Of tho act Of
the General Assembly approved March 9, 1872,
| and known as the I" Mayors act" That section
reeds Us follows:
"In all cities in this State all city officers
(whose election by the qualified voters thereof is
not provided for by iaw) and also all members Of
boards organized under the charter (or amend
ments theretol Vt any such city, except those
appointed by tho Governor OF the State shall be
appointed by the Mayor Of the city, by and with
the consent Of the Legislative authority thereof,
! ajority OF al the members elect concurring by
yeas and nays, to be entered upon its journal
| Any city officer or member Of such board NAV be-
removed by the Mayor Of any such city when
ever, in 1lls opinion, the interests OF the city
may require such removal, but he shall report,
in writing, his REASONS for such removal to the
said legislative authority at its next regular
! meeting, In case Of 3 removal from or vacancy
! in, any such Office or board, successor may he
appointed by the Mayor, with the like consent OF
the said Legislative authority Of any such city"
! Are the members Of the Board Of Police en-
braced within the classes OF officers which the
Mayor Is authorized to appoint and remove un-
der the provisions Of this section In order to
ascertain this, it ia necessary to refer to the
previous legislation on the subject Of this par
ticular Board. In 1861 the General Assembly
passed law to organize board, to be known IS
I" the Board Of Police OF the City of Chicago"
It Has to consist Of three Commissioners, to be
chosen, ono from the South, one from the West,
~AA~ AA@@4A
The Governor, by and with the conHent Of
the Senate, was to appoint the first Com
mlsslonera Of the Board. but at the general
municipal election, in 1868, and biennially
thereafter member Of the Board was to be
elected by the legal voters Of the city, to take
the place Of one Of those originally appointed by
the Governor under the net, and when elected be
was to hold his term Of Office for six years. Un-
der the provisions Of this act the Commissioners
80 chosen assumed control OF the police force OF
nd
duty Of preserving the public peace, preventing
crime, and protecting the rights OF persons and
property within the boundaries Of the city. The
salaries OF the members Of the Board were to be
In 1868 an act was passed to reduce the charfer
OF the City OF Chicago, md the several acts
amendatory thereof into one act and to reyisa .
the same, and the 9th section OF the I'd chap
,. Ter OF 1hat act provides Tor the selection ct
Police Commissioners BY tho people, and tho
term OF their Office. Section / Of tho Same
chapter declares who shall constitute the OFFICERS
OF the corporation Of the city. Among those
enumerated is " q Board Of Police" IN 1865,
az act to amend an act entitled .. An act to re-
duce the charter Of the City Of Chicago and the
several acts anendatory thereof into one act and
to revise the same" WAS passed by the Lepislc-
ture. Tho 12sh section OF this latter act pro-
vides that Commissioners OF the Board Of police
OF tho city shau be elected by the qualified vot-
ers Of Cook County.
It is entirely clear, to my mind, from, the his
tory Of the legislation Of tho subject. as contln-
ned IN tho several acts to which have referred, ]
that the Commissioners o1 the Police Board are |
Within tho classes OF officers subject 10 removal
by tho Mayor under the act OF 1879. They arc |
expressly declared to be city officers by the pro- /
visions Of tho amended charter OF 1868, and aro |
members OF boards organized under tile charter
OF the city, or amendments thereto. They. !
therefore, come within the description OF officers
whose appointment and removal are vested in
the Mayor The fact that under the act Of 1865 !
they were required to be elected by the legal
voters OF the whole county does not in mp
asment, alter their character or relation to tho
City Government. Their duties hare almost
exclusive reference to, the. City OF Chi
.ago, and they aro paid out Of itg
:reasury;, nor. were those dnties altered
'r extended in any manner in the county
y tho act requiring them to be elected BY the
Intention Of the Legislature, to vest in the /
1ayor the power Of removal Of this class Of off,
:ers, Is too clearly expressed on the face Of the
ct to leave room for indulging in any implioa-
ions. It Was urged, in the argument, that sn
ct which nbridges the right Of the people to
ect their officers shonld be strictly construed, ,aa
Is contrary to the policy and practice Of the
ountry- But it must be borne in mind also !
hat the action OF the Legislature in this regard
oy no n n means n!a unprecedented even with refer
be Board OF Public Works. who were for num-
er OF years elected by the people, are now, and
ave been since l867, under an act Of the Legis-
,ture, appointed by the Mayor, BY and With fhe ]
onsent Of the Common Council, and there are
oubtless other officers Of the city whose modo i
I selection has been thus changed. So, G
aat no inferences against the construct !
on which I have given to th' :
1t can, 4 think, ~ be Islit;iaatay i
rawn, on. account Of any diferat Z
nlicy or practice prevailing On the subject. It ;
annot, Of course, be doubted that the Leeaia-
ire has the power to change the pro1ision,of
nnicipal charter. It IS also urged th.t the i.
Aayoza act u in conflict NTH Sec. .19, of PC