, 1873-02-18
Of tho City OF Chicago IT, .ffeots tho eov-
IL e'aneea, ia ar slap. iii swssto MI, to ciastr

ital to tltts twhsls das a6t istef,Yfs tha rhsiao
TOR of tho luw> hccn net to acnl Tho chaseer of
% sfS q h s1ssnaf Tsaf h.vs s'; Ssan q ss s
and no mora t.an It Ind With the tlslo by which i
passed, m Il would no moro ha7e boon sil amenmeut @
ct Of isol 9tsatss hd sssa,s. pos5 e roltse
toak tio eoate q liz po|ss from the tayos ss t
sppoainR I'D gsmotins from ihe fotee;: md really
uon & ho oct ropoacd ali lave iiconssc Herewith,
5 ~ nSas Of a,.so sna aSns a. } e
CREATING noard of Police n tho city Of oesgoa wlst
sas s' s e fstsE osss ~ Wit h Ct
The position t&s ths act Of 1891 vas no+ m "areaq:
montnof Tho charter is not tenablo by any rules
Of iaw Or of common aenas. -. >. 4.o, ~ .,
maer8a but het tt; act ot leel xas r. aaenaqsnt '
reenle .; aishonsy' il Ni!ohisaa hoports ia wl!sh
- n thas esse vaa !! special at
troi and It WI oa ST. as i lad vi an % aendatory s
eEcet md repealed oil Inconsistent aets, 1t waa on
Tho PRESENT Hoard q Felse owes it4 existence to.
Gsf ss s s % asss iss v' organized m
Iancea provides Section /. TAoro IL horoby catat-
tiahOd Executive opartrncnt Of tho Municipal aoy
!so" aud Section Tut ii sSai 10 10 d@ty Of the
Board Of roiiec, horoby, constituted, At I'll times,
f1s reee Sss ao repsaas eaas 10 sns e
tho rcpoang causo Of tho oct Of 15o rcpeas Al acts
sessnso x y
THO organization Of the Board Of Police under THO
&C: Of 1ao1 was materially different from tho oct Of
thleo csers Under tho sct of is6s eSnsisted Of
four "aad board shall consist Of hreo commisslon-
srs II saton t. he ho sh. 10 9ss 1aS,
aot Of 180 H. act of 1863 requraa three ebern
Of said board OF Police shall DO President anl
T,essurcs anS shal 10 elected i5o among the Com.
shsi bo S q poee
Rolee elsrk ia not ss,9tefo ostt ot tho Board but
Hoard, composed Of different officers from tho old
Doard Of 1861 and dates ts existence from, and pos
M asp ss Wy .ssenae asf
act Of 1868, md Il could not bo found IN tho archives
Of Tho State or had neyor e1!eed tho Board Of Police
and Poce Department would exist juat na they exist
to-day, With tho saue organization, tho aano power
aud duties, neither moro nor less.
Officers, and md elected By the people Admit, for liz
sako Of argument only that 1is Is truo yct hoy aro
within tho law. The law does not except enbcrs Of
boards who county officers 1t does not except
members of boards Who arc elected BY tho people /;
but It declares that thu power Of removal ahali
% CHARTER, " or acndmonts thu t6oroo@snd i ills Doard
created by and h netting Under and by authority
Of any Law, which, law is tho Charter Of, amends
within Tho ict@or md tho apirlt Of the act say The
it q tne act, bocsune BY tna: TX he Mayors act|
tho + = ;s for h good order and
Last NoFenabcr thc' County oorh, rrhoac dutys,py
law required him to Issue noco Of eocton indicating
poop1e at tho Novon6or e,ection % applied, N te
Tho County Attorney, tho Hon. James P. laoot and
be ciaaea
bis notice OF clection.- e 80 80:
Mr. Noot and uyself, without consultation with each
the Mayor'a act theao Commissioners wero no. appoint
cd by tho Mayor with the consent Of the Council and
hrso rnons befose e T present t e1ctiae. SfS began
Tho Clerk issued notice Of the election Of Commits
eionots and tho Republican Convention met and al
sueh an onoe. '''ss sessrs ~ nofEo s'A .and iHi
Reno Re- both eMssepted M p sppointmants from
yirtuo Of the pretended election and under the
Mayors net be CAD certainly remove tho olneert
that he haa appointed But II it Is truo that these
gentleruen legally elected to Office by the voters ol
tho county, that docs not mako them county officers
They o1ofciso No. functions Of 4 county officer. An
a hseqn u
what votezr o!cct him. Tho functions exsrcaed deter
ine the question as to tho kind Of oRcor he s,-srd
Inless the Mayor xas cut of from Tho Board BY The
aet Of Tint and The yoters Of Tho county tnatea
rarsd u d hs mn ass
is to be observed that tho Board had no more power
;s un9ss he ot 1s9s
o'tZ elected tho menhess he, e of the Board. -
pfd1sons ler hotr % psymon ali apo1 III = nos1 L
| *ppo.nt policemen for duty In county, VII
e. o
Of tho City Of Chicsgo: ," This bamo pro
sie9 ~ n The 4" sstaoltshng neH
time: The Board Il PolIco, except upon request O,
eall ~ ahoya stated have not and never lad an,
o II not noaae nt
tho limits of tho City Of Chicago.
II does 1ot however, necessarily follow that bocanst
arc sitY oacers. i is not necessary to decidt
whchef theao. loflcers nre city,: county, o.
ey Il of H. Soafa rs tas
andsr she oity Charter and not appolntiye By tho Coy
1s ss4ss sua Boyd
whether tho Council arc 70 judge Of tho Hnmoency d
removal there ts no room for such construction o
whenever, in his opinion, tho city requires It,"
ooes '.St read xheneye1 in Tie opinion Of ths Com
%sRor nes s Us oaSnaS 1 5s9s ns 5h
power vested + the Mayor, md ean b exercised With
or any officer Of tho city aovernmont.
The proviaion Of The law, but he ahall report In
NI!uH 3 1eASona 10r euCn removal 70 the said lgGtH
ativa authority At tho MOTT regular meeting" III M
op!nion IL tntendod to impose the restraint OF pub
opinion upon his acts and also thai thero may bo
record Of tho fact Of the removal. II tho Legislature
BAG 4ntonded 70 pormit the Council te
Judge Of tho auttconcy Of tho cause
for which the Eomevsl was made and to refuse to con
removal insufficient, It would never have used th;
iangunge employed n tho aet but would have proyiei
| consent Of the Council" As1* 1f.no'0 "''n 'as
Tbs law-1nakezs made tho conaant Of tho Council K
necessary by expresa words to that effect
md Il 1t had been atundea that Tho consent Of tht
would hayo been worry easy for tho lsw.
makers to soy so. Tho Inv docs no
require tho Council 10 assent to or dissen from til,
removal. Tho Council only to receive tho motto,
Of ramovtl, and place It upon tia filc. ~
Whatever opinion may he entertained ns to thl
effect Of notice Of remoyal when aorved upon tho on
| rlsse and eaeetual M whom tho Common Council ar
The otlcor to whom is given tho power Of reunoya
has then done al that ths law requires Of him
II the Law had provided that tho Mayor bhoult
report "auflcient" reasons for the removal, thor
might be some grounds for the position that the Coun
IAlJCw So J,.31.