, 1873-02-06
THE POLICE DIFFICULTY.
The Mayor and the Board of
Police.
Legal Aspects of the CONTROVERSY,
No Compromise.

l
aHl tho official conduct Of Mr.. Wnshb,rn l,aye
panied out Of sight, Mr.. Wasl1mrn himself Is
noar]y forgotten. Our attention Ia arrested Ii,
tho two parties into which tl,e community har
divided itgolf Oh tho question of tho power at
isB1,o On tho Bi1o Of the Commissioners arc
arraycd the gamblers, tho thieves, aud all that
! c]ass who oxiBt aud thrive out Of tho crimo,
corruption, and llcontionsuoss Of tho oity. On
tho side OF tho Nfnyor Is tho grcat mass of In
to]lgcnt aud respectable citizere who tlosiro to
800 tho laws respected and oboycd, THO
question has boon, which Of theso c]assoH
should triumph. So far, victory las do
clared FOR the Mayor, and tho interosta
Of Law and Order, The importance Of tho con-
troversy may nlao be illustrated by It's origin
Mr. WaBhburn'e purpoae, from tho timo ho as-
sumol command Of tho police, has boon to wood
tho force Of ahiftlcss ind incompetent men, in
troduce thorough discipline Into Its organizn-
tton, and nocuro q uniform, constant, and por-
Biatont enforcement Of tho lava. THO object OF
tlIu Dvnld' 1lnn ei"a1u hee- 10 al,u t.,li.o
force for political purposes. To accomplish thin
l. object It was necessary that tho Superintendent
/ should bo tool. Gr. Waslburn wns uot tool !;
honco tho Board desired his head.
Many who havo sided with tho Mayor havo,
nevorthcloas, entertained doubts rs to tho
legality Of Ills aotion Some think that peculiar
eanctily Is thrown about tho Board by tho fact
they arc county oilcory, and beyond tue react Of
tho Mayor. The Mayors Bill il valid law No
lawyer doubtB its conBtitutionality, aud no 1efn-
ito objection to its validity has ever beon pro-
determine tho law Of this controversy. The
first ncotion provides TINT tho Mayor, by and
with tho concurrence Of the Common Council,
snl appoint all city officers (wIloso election by
tho qualified voters Of tho city iu not provided
organized unle,. the charter Tor amendments
thercto), except those appointed by tho Governor
OF the State" No ogoneral Inv calculated to in
cludo tho board Of Police could DO framed in
terms moro CLEAR and unamoguolH. This Board
charter of tho City Of Chtcago and tho anlend-
nlonts thoreto, and they nre not appointed
by the Governor of tho State. They
Board s ea VAS entirely y within a tho oontrol ae of
tho Legislature. II is admitted that tito Logia-
lature may abolish tho Board altogether. Will
It bo contcndcd that II could not change tho
manner of choosing the Commissioners, or mod
ify their tenure OF oilicc2 If 1t could say to
a Commissioner, "Your Office ie abolished;
yon aro no longer Commissioner" it surely
might say, "You will hold your Office hereafter
at tho pleasure Of the Mayor Of tho City Of
troll; and, eyon il tlo Board aro county oillcors,
the Legislature could change the mode Of their
appointment, and prescribe thoir tenure Of
oillco. But they aro not county of}lcera. Thoy
arc specifically enumerated among the officers
Of tho city in tho city charter; thoy arc
elected, one from each division Of the city thoy
constitute the EIecuttuo Department Of tho CiW
Government; they give bonds to the city for tho
faithful discharge OF their offieial duties; thoir
preHorvo tic public peace and enforce tho law
and ordinances tpithln the limits Of the CITY TLey
are in Jac as vol as in 1tame, city officers, They
ore, at all ovonts, Board organized under l!e
on tho 1Bt Of July, 1879, the Office Of Police
Commissioner ceuHod to be elective.
Furthermore, the Mayors Bill provides that
"all city officers" 10. eloctcd by tic people shall
Hont OF tlo Council. The officers and patrolmen
of tho police -forco are defined by the charter
to bo eDlcers. Of the city. They aro not
elected by The people. They arc, therefore, al-
aot also provides w that ,tIo Mayor may r. remove move
any city ofticor, or nonlber OF my such Doard,
whonevor, in his opinion, tho interests Of tho
city require 1t. Therefore, from July. !,
1872 all msmbors OF tue Board of Police, and oil
subject to removal tho at pleasure Of tho Mayor,
nnd all vacancies Oh tho Board or on the force
were to bo tillod by appointment Of the Mayor
md Council. We say all members Of tho Board
Of the Mayor. .Thcro.socms to be M opinion
prevalent, aud it would appear to ho entertained
b,y the city authorities, TINT tlc position Of Mr..
Sheridan on tue Board has beon invested with
some peculiar sanctlty by tho new Constitution,
and that lie cannot bo disturbed. unlesp by i'm
peaclmont, until tho expiration Of hiB six yenrs'
torn Of office. This Wow We regard as orroneoua
Tho particular section of tho Constitution be-
bind which alr. Sheridan intronchca himself is
Section 6 Of the Schedule. which il as follows
" AL peraoua now alinG any office or appoint
ment slall continue ln tho exercise Of tho dutics
thereof, according to thcir respective commits
sionn Or appointments, uuleaa by this Constitu-
ton it il otherwise directed" Tho neat Of this
section. US woll az the plain import Of itH Inn
guago, Is obviously to rolnoyo any doubt Which
might exist In regard to tho status of officers not
mentioned in tho body Of tho instrument. It
meananorely that all officers, unloss otherwiso d.
reclcd By tho Constitution itself, should continue
10 hold their offices, and to discharges their tlu-
tios az If no such instrument had beon enacted,
or as if no change had boon made In tho Consti-
tuition of the stntc: II We apply tho language
Of tho section to Alr; Sheridan, it would real:
H Mr. SharfIOn D0w GfIinr thA nflfno of 4.r1i,, |