The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1874-04-21
LEGAL LIGHT.
THE CITY ATTORNEYS OPINION.

THE CITY PREsCRIBED-THE GRAND JURY
THE BEST MEDIUM FOR SECURING THE EN-
FoRCEMENT OF THE LAws-rHE LADIES'
QUESTIONS ANSWERED..
The city attorney submitted to the Council
last night the following document, which
will be read with interest by the ladies of
the Temperance Union, and all others hav-
ing any interest in the cause. The opinion
was received without dissenting voice.
To the Honorable, the Mayor and Common
Council:
GENTLEMEN:-In obedience to your instruc-
tons, have examined and herewith submit an
opinion upon the questions propounded in the
Communication OF the Ladies' Temperance
the powers and duties of the mayor, and this
first answer. In January ], 1867, in an opinion
submitted to the Common Council, used this
ecuIive and administrative solely" aud this /
believe to be a correct statement OF the common
law. Judge billion says; Every municipal
usually styled the mayor. Properly and pri-
marily his duties are executive and admins
trative, and not judicial or legislative" Dillon
both an executive and judicial Off
Ger. Howard VS.. Shoemaker, IS Ind, III.
Waldo VS.. Wallace, II Ind. SIS. In the
latter case the Supreme Court say except the
judicial powers devolved upon the mayor by the
statute, mis- duties by virtue OF his office OF
mayor, would, in our opinion, be of an execu-
tive and administrative character" The char
duties of the mayor, but adds duties of judicial
character. The charter provides that sit shall be
the duty of the mayor to see that the laws of the
mon council be faithfully executed in such city;
he shall be q conServatOr Ofthe peace and as such,
shall have within the city limits the power con-
pose" and be required to exercise supervision
over subordinate officers. He IS also, by The
same section invested with judicial powers and
required TO hold court every juridical day and
sections Is and 10 with some Particularly pre-
chief executive of the city, general supervision of
subordinate officers,and is charged with the duty
of causing the laws of the city and state to be
enforced. This duty, however,
DOES NOT REQUIRE
of the mayor that he should go about the city,
who had violated either the laws of
the city or state, but it does require that he
should exercise general supervising care, and
should see that the officers of the city do their
duty, and apprehend yiolators of the law. In
doing this, he is not required to follow about
each individual officer, but simply to report for
punishment such officers as he may know to
have been guilty OF mlSfeaSance or non feaSance,
or such as may have been, by trustworthy infor-
nation, reported to him as guilty OF official neg
lect or misconduct. In enforcing the laws he is
not required to do so Individually or personally,
but by proper orders and instructions to the SUBJ
ordinate officers of the city. He controls and
superintendS the executive department of the
government, but is not in contempla- |
ton of law, required TO ferret out and bring be-
fore himself trial, those VINO break the laws.
The duties of mayor of a city are very analo |
gous TO those of the governor of state; in both
cases the supervision contemplated Is a general |
One.
The second question propounded by the |
aides is as to the duties of the board OF
police. The portion of the charter author
zing the creation of the board of police is |
.'The Common Council shall have power as
ollows." 'To establish and regulate the pc ice OF
h city, and may in their discretion, authorize
he Mayor or board of police, TO be selected by the
Common Council; to make all appointments of
uch mayor or board of police, full power 10 re-
move from Office any officer or member of such |
police for neglest of duty or other good cause"
makes il TO consist of three members of the Com
non Council and constitutes the mayor and adj
yisory member of the the board, but allows him
10 vote. This board is invested with the power
o appoint and remove the officers and members
# the police free The board have general
hould remove any member of the force neglect
ng his duty. The board, however, have no exec
orce, and they have no authority in my opin-
on, to give orders as to the enforcement of any
II their duty to issue general orders or proclama
ion concerning any specific law, but they may
properly
DIRECT AND INSTRUCT
he policemen to enforce all laws. The men,
,ers of the board can receive no greater compen-
aIion than one hundred and fifty dollars per
.nnum for all services, both on the board and in
he council, and 1t is plain that the law does not
that the members of the board
hould devote their personal attention to the APP
)rehension and punishment of Offenders. 1t is,
however, the duty of the board to dismiss any
member of the force who shall be shown to be
.nlpably negligent, do not think either the
mayor or the board bound TO act upon general
,r vague information, but do think think they
would be bound 10 act upon specific information
rom any respectable citizen, IL Is, In law, the
iuty of every citizen to aid In the enforcement
o report to the proper authority an ofcer guilty
# neglect.
The third question is as to the powers and du-
les of the City Marshal:
This officer is declared by the charter ITO be
he chief mi nsterial officer of the corporation,
md that .she shall be CONSERVATION of the peace
yithin his city, and shall arrest without pro,
ess, all persons who, within ms view, snali
eriaI officer is one who acts under the COM
hands of a superior, as the sherin, who is bound
a obey the judicial commands of the court ,
NE primary duties of the marshal, therefore,
re 70 execute writs and process from the City
ervator of the peace with power to arrest those
yho in his view, violate either the laws OF the
tate or the ordinances OF the city For felonles
e knows a felony has been committed, but for
iolations If city bylaws, or for misdemeanors
ot committed In his view, he can only arrest
fficer. This is expressly dccided in the case Of
'ow VS.. Beckner, 3 Ind, 475. To
JUSTIFY THE MARSHAL,
Therefore, in making an arrest for a violation
the temperance law, the violation must occur
q his view or he must have a warrant from
ome judicial tribunal of competent jurisdic-
on. The fourth question is as to the duties of
ne chief of police. The office of chief of police
not created by the organic law of the city,
ut by the ordinances of the Common Council.
he duties OF this officer are prescribed in the
ules and regulations issued by the Board of Po- :
ice and these require him "To devote the ,
barge of his duties and to ..ssee that all laws
r the state and ordipances Of the city are en- ,
fmand.,' The chief IS the immediate supe-
Tor or .commsnding officer Of the police force,
nd Is charged with q direct suspension and con-
roll Of those under his command. The fifth
uestion is to the, duties of, the policeman.
he patrolmen, or privates Of the police force,