, 1873-02-16
A CLINCHER.
Reply of the Mayor to Lawyers
Schaffncr and O'Brien.
If the Police Board Is Not City Insti-
tuition, What Is ItP

If the Police Board Is Not City Insti.
tuition, What Is It
| A reporter yesterday interviewed the Mayor
with regard to the probable action Of the Com
| mon Council in the confirmation Of tho Mayors
| nominees for the Board Of Police. The repor-
ter inquired of His Honor whether he folt him
self ab1e to answer the minority report of Con-
] stitutional lawyers, Schaffner and OBrien.
The Mayor smiled, and supposed he could.
No respectable lawyer would care to put his
nnrno to such report.
| The reporter snid it Was generally understood
! that Mr.. Gondy, attorney for the ox-CommiB-
| aioners, wrote it.
| Tho Mayor said, significantly, ''Ho didu't put
his name to it, did he:"
| The reporter pointed to a clause in the minor
| ity report.
| The Mayor said: They make this po,nt,- that
| the Police Board Of the City Of Chicago was Or
ganized under IN independent and special act,
passed in 1861, which does not profess to be
either city charter or an amendment thereto.
Therefore, they argue that the provisions of the
Mayors bill, under which the Commissioners
were removed from Office, do not apply, because
it is restricted to officers holding positions under
the charter. On this question they base their
whole report and that base demolished, their
whole report tumblcs to the ground. Tho act to
which they refer was passed on Feb. q, 1861,
creating the Board Of Police Of tho City Of Chi
cago, and prescribing their powers and duties.
Now, hold that this act OF 1861 was just as
much part of the charter of tho City of Chi
had boa, 1;+,
two portions, The charter consists Of the laws
passed by the Legislature, whether called the
charter or not. Two years subsequently it was
repealed, aud new charter established for
the City of Chicago. The whole OF the old char
ter and all amendments were repealed
to tie extent that tue new charter was in
conflict with everything that preceded it.. This
new charter, passed Oh Feb. Is, 1SG3 is entitled,
San act to reduce the charter of tho City of Ci-
cago, aad tho aoyera! acts amendatory thereto,
into one act, md to roy1so tho same It con-
eists of seventeen chapters. The tenth chapter
relates to tho Police Department, and takes tho
place completely of the act Of 1861, which was
wiped out, every section and linc,- By the new
charter, and this tenth chapter Of tho act Of
Feb. IS, 1868, substituted for it. This chap
ter re1ntes to the Police Department, and is
III itself complete act It is IN integral part Of
the City Of Chicago, and is the tenth chapter Of
tho whole city. Two years afterwards the Legis-
lature again passed m amendment to the charter
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