, 1873-02-18

really Ind tho wolfaro OF Tho city at hcart would
bo anxious to discover, or would Book to din
coyor, moLlod BY which they migllt, with aithor
tho sanction or aomb'ance OF law, DO restored
to tllolr commands. In nupport OF tho further
proposition that they cannot legally ba restored,
I adduce tho following additional considora-
tions
Tint provlBion Of tho chnrtor which docaroa
that, "Whonoror my vacancy shall occur in !
tho Office Of Captain Of polcc, tho aanio
aa 10 filled by mn t,npp ,oppoIntmens, In a,oa rom IN
Y sarsos,u Of Of po{co," is now In force and binding
upon the Mayor md tho Common Council,
unlcss repealed by tho Mayors Dill. Tho
proSysion SI o. T to % Charter nor docs It erpsessy
ropoal any prior Inv or part Of any law. What-
eyor ropoals aro objected by 1t arc ropeala by
| implication. No rulo Of construction ia more
| ropcala by implication aro not favored In lay.
! Orr own Supreme Court has apokon frequently
and pointedfy upon tho subject, and tho follow.
t to inGioato % What thoir decision would be II tho
| question aa to whether or not tic proF1alon or
tho ohartor In relation to the nrpontment q
! Police Captuina was repealed by the Mayors
rho doctrine Of repoai by Implication Is mol favored
by tho law and ta rosorscd to except whom tho
reeonced Tho rule il, that ali laws on he sub
matter to be construed together thas 10
s,a"ss ss o. .soaeaa ssssfss ''%.u cn'aS @ s7s ~
wero ATT are aeemng!y fepSgn1nnSt s1 RI ,tCyr hey
Ton. "a III, o4l "a H., 2ol} -, .,.,n.,,n
given by which beth acts ,nuy etand 1t will bo adopted
t ranSgnanco botvoen statutes must bc 30 clear
md plain thas iep cannot b. 4eeonciied to Justify
resort to tho doctrine Of repeal by implication. III H.,
IT Iho proyisious of tho charter which requires
Police Captains to be appointed from among tho
polico Sergeants mud tho provision Of tho
Mayor Mayor ma oommon 0ouncn, are mol rf1,ugna1t n
nor i'aeconctla0lo. A construction which shell
give ooot to beth ls not on a nm. pMn
OF tho Council, may appoint Pohce gap5a1ns, p1sn
but ho n,,.st appoint t!ens from an'ong Ito Poce
rgeants This construction aeeordH ~, With tug
OF tho Legiglaturo, md with common aenso.
Eut suppose that tho provision Of the chartol
. referred to ia repealed. It is eviaont that the
, Mayors Bill cannot do away wlth tue 1aanaMoa' Inca
Q and leaso those prescribed for another III foroG
t It ropoals all or rone. Therefore, II the provl-
q sion in relation to Police Captains ia repealed
embraced in tho Mayors Bill nro nkswtae 70;
|. poalcd, Notioo what would follow: Tho Board
= Of Public Worka is composed Of three Commls;
= eionera. Tho chartor REQUIRES that ono aha. .l.
!; and that each shall have boon 8 rcsidont
;, OF tho city ut least three years, and roBidon
i freoholder Of tho Division for which ho Is ap
d pointed at 1oast one year immediately preceding
n Els appointment. But, in: tho Wow supposed
70 tho Mayor nigh, appoint them al from one Dl
= vision Of tho city; or ho might appoint non non
o' holdern. Tie Board Of Health in composed g
ID six mon, all Of whom aro required to DO res'
Il denta Of tho city, and three Of whom, and NJ
b moro, phyalclnns The Mayor might nppoin.
f nonrosdonts Or he might appoint, ,atx physi
q; cians,. or no physlcians. Again, tho charto
r. T.. declares that no porson who has boon con
"' victod OF crime shall ever bo .appolnte
CT to any position on tho police force. i tho vio'
10 supposed is correct the Mayor, or Mayor m
p: Council might I'LL overy Office. from superi1
I'd tondcnt down with convicted telons wh9 hs
" aogved their time in tho Pententlary or OBTAIN
OF ed their enlargement by other means.
n. TheBo instaneca suffice. Tho position Is to
70 absurd. Tho Mayor muat select his appontee
or from among those eligible under the ci1artel
in And Hickey and Gund, not being. eligible undo
ad tho charter to the Office Of Captain OF Polics
IL. cannot be reappointod to TINT Office.
he 'ou1oAuo, Fob. is, 1873.