, 1873-03-01

! Mr. GoudS said thoro was q doubtful Question
involyod a A. tie beginning, md that conatitu:
1urisdiction' They haa d right TO- Mo tho infors
nation, 40 as to toHt tho Jurisdiction, and know
whore they had q right to begin. uo had no
donbt OF the Jurisdiction. It was quast-crtn,'
rio Court sasid that thoro must bo y prims
faoio casc, or loAvo to Alo would not DO granted.
Such caso Wae all that was necessary. It ap.
posrod' from the aflaavitS M that tho Respondents
tliat wae tho - only mode moao Of filing 'sc tic
Office under tho law OF 1872, II 80, and Tho ro-
spondents had heen holding, In tho niodo TINT the
faeio case against them.
Mr.. Gouay asaontod.
Tho Court was surprised to hoar that law, and
had mover heard It bofore, and Tint caused the
main difficulty In his mind.
Mr.. Cloudy said that WINS tho worry question on
which they difforcd and Il was tho real and NOR
itorious question to DO decided, when 1t could
bo reached. Thore woro tlreo important quee-
bill valid and constitutional lava second,
| did 1t authorize tho appointment and removal OF
| Police Commissioners 2 and, third, had the
Mayor removed tho rolatora according to law,
by appointment? He assumed II WAS not ncoos-
| Bary to BattBfy tho Court that ho was right in
either point. Ali tho Court wanted to know was,
whother thero vas serious question involved.
II 80, Tic 1n1OTu4LlQu WULl0 QG lnGQ. 10GTD WIS
no difficulty in deciding tho matter directly in
proceeding In tho nature Of d quo varrnnto. Man
damu8 md assumpBtt bud boen auggosted but
theydld not answer tho purpose. Tho real question
would nriae incidentally, but the Office would
rolatora would still DO out. Tho only way to
test tho question was BY q writ Of quo warranto.
As to tho validity OF tho Mayorst aot, he would
say there wss no precedent for It In tle 1egtela-
whore republican institutions prevailed It
might exist by the Inherent powcr OF monarchy:
T. nnd9sto9k to confer power thts aa nGt ea,ss @
aovsrnor in any Mayer or any o1sGntve oeoF
WITH III the Gery tboory On vheh tho aoSorn@ons
Sss a9ae Tsh sn md ehsose
priyoa Of i franchise without . Judicial proceed
ing; and yet the act was construed to allow me
officer, aud allowed tho Mayor to control tho
mschinery Of city government Many constitr1-
tional provisions might be cited against IT Il It
we're thea necessary ] Did IT. include tho poflqs
mentioned no officer by nsrno,, Did that Lam
gunge include the Board Of Police? It
was then question Of construction. 1t was
not olalmod they wore city officers. Whom were
charter2 That was question Of fact, involving
large examination Of laws. Ho held that tho
Board vae not organized under the charter It
wns organized under III set Of 1861, which lad
nothing to o'vith tho charter, and WAS not an
amendment to it.. Hence the Board was not lit
orally within tho termB Of tho act. The Law De-
partment, In order. to bring it under 1t, lad
given an opinion that the words Horganized
soting under" TINT showed That there y was " an-
other question Of construction, and Tint they
had to resort to substituted words to allow the
Mayor to remove theas Commissioners In 1868,
there was = revised chartor, one Of tho chapters
rrny{dnU fdr a Pn1tra j3AAr1 ThHf xyap atfandn6
In 1865 and In 1871, In regard to Police Commits
sioners, II # was said the atatute meant board
not originally organized undor tho charter,
.19g na r nasa Il ae firte1s E t nas a hsa
tho Legislature intendod to include the Board,
they said that the Comm1asioners wore not city
officers. but were elocted: by tho county, and It
70 .ow tao
court would not 80 hold, sineo the Comnission-
ers had power throughout all parts OF Cook
oGunt They had had..4ssa ssat police to sub
nsse sy Lad 'hp pves es'si o sae sp
county was enough shoW the G. she
sioncrs wero not city ofdeers. The Court must
power by the bill. + applied to every city, and
not Iii Of efioct, eyon 4 not taken ~ Supplying
to. the, relators., The power Of removal was
within the city limits, 20 tue bin could Gus
h1yo full effect given it without apply
rs -. f.. e i. TO -, tho Board Of PollSo.
Police Board VAS to b. alod by "' the County e. I
Board, and Mr. Talcott was 80 elected. Thlt
showed the Legislature locked upon It as an Of
fee to be dlled by the county, and not tic city
since its organization had boen elected by the
voters of tie City Of Chicago alonc, Had the
Mayor legally removed tho relators7 Tho law
provided whom tho Mayor might appoint and ro-
construction required that the Mayor should
have legal and valid ground for the
,,ae exercise Sis ,r,;. Of IT The e. power i vas
exercse suppcsng he reported % ho % had e
man, Bincc ho wanted to. It WAS q roaBon, but
not such ono aa tho law would look upon With
favor. Surprising hc gavo as q ronson that ho
~ vac 81 Republican, Publ and removed man because
Tho Court said that was very common
reaBon. -
Gen. Stiles admitted there wero many prece-
dents.
moved tho relators Binca they we're inoflioiont.
Thnt was not reason tuHtifying the action, And
whother the Council could take any action or not
tho Mayor must have good reason. and state
Tie Mayor was not tho Great Mog1ll, but must
submit hlH action to the criticism Of the courts.
They would like to SEQ and show what prompted
and Influenced the Mayor to remove them They
would like to show whether the relorora were
incompetent, or show whether thoro was not
reaHon for their removal which tho Mayor dare
not avow. Those wore the questions which
seemed to him important. They raised now and
doubtful points. There were no procodonts
for such statute, and thoro woro
consequently no decisions to guido them.
The lawyers were divided as we'll as tho oommu-
nifty. no had given his opinion in good faith.
Tho Law Department had givon different one.
AL theao things showed 1t was q point which
should be acted upon In tho usunl way, AL ho
asked Of tho Court was to givo tho REALTORS m
prompt decision. They did not want to bring
suit III aasumpsit to be decided by the Supreme
Court two and half yoara heuce, or an uncer-
tain action In maudamas. II the matter was
case could at once be taken to the Supreme