, 1875-07-07
THE POLICE WAR.
mir. Fuller Opens tho Case Be-
fore Judge Farwell
fle Claims the Law Of 1872 Did Not
Abolish the Police Board.
And the Council Cannot Be Author
lied to Do It by Ordinance.
Mir. Cloudy Argues that the Board Has
Ceased to Exist.
Judge Diokey Asserts the Case l.. Not
One for Chancellor.

Tbere wa. !. verv ANAL Attendance RI s,ortotors
~. r,,,,as . ss T., ssn.,, p'," e1.s'a.ola
-41' al'es 7ppoa1eo IN oeha'1 OF LOO follco Iom"
niaslooers, who weso present and wore olose
lietenera to tho arguments. The city was tepso-
ecnted b7 judge Dickey md Messts. Goudy and
10Y 4uo p'eo'uite" "oiu a"e@o'1'ne' 'no!o
oo'pK uotolos Dut 'h1'1cato 4ega4 arguments 70
As noon AZ tho Court opened,
mn. oorny
s.td H., .u,.+.on ~ u,a ..o .h,., No.r.o
''-s , . y. ~ U,,o .n'e '" ..1,.
nad oeen sefVea W Az tal'es TO e9tena toe m
Junction. and they had glsen notice that they
would noyo to dissolve. Thoy lad also flied q
damurrcr to thu hin. md Tiny gou]d nrcfor to
t.,a th.. ~ ~ ~ non,a a,s,o.o ~, ~ ,rna,o
AaAo 'o"' W. =" ~ "o"'@ "'opo"' u LILO "no'o
case.
Mr.. Fuller said 1t WAS matter Of importance
aomct,mro vho ononn11 and closed thu arcument,
.1a =. H. ,.o.Io.. 49, III. H.. foit ino,i.,od -,
saa r. ,t ~. .A ~. a. a;,,,.e 10. -? =. -,
the dand ttmo. There wero moro counsel on
the othcr si,1e. and In wouId l,o tn hear what
49, ,a, ~ ~.
'As; ~ ~ %.., ~ o"..
why ihey wanted to open and Close They could
divide thclr forces, which 1t woult bo impossible
for Mr.. Fu,ter Ia t1o.
Mr FnIlo, tbonrht n vora ho a.ncsro,. ro-
him to attempt II. [Laugbter.l
Tho Court thought tno opening and close
shoula 10 allowed Mr.. Fuller.
This "as neEced to, on tie condition that alr,
Fuller should present Ill hts authorities il the
opening argument.
NN. FuLLEn
at tho outset read the Bit on which hfs motion
for continuing tho injunction waa nEed'catcd.
attention was that, assuming that the act OF 1919
was adopted upon Lawful! vote, tho Board Of
rolico was not thorabv abolished. It would DO
necessary to call attention to tho original organi-
cation OF tho Doard, and the different statutes
under which, thcy claimed. II wa. DOW ap lawful
e1stonco. With tliH object H1r. Fuller Tefcrlod
10 tic original act paased In 1bGl. appended to
GcRry's Ordinances, page Gn: tho act Of 1861,
Talay'a or!linauees ss5, ss7, SO, 400 6ot. 5os'
old aud recent Mayors acta, counsel contendIns
tina. members ot tho honsd ot Police ~ele not
city officers. and could not be removed under the
last acs- In 1878 ono OF the Commissioners vas
removed ander ~u, x.,o,,. ~.
OF 1879, and tho uattor went to tho Supreme
Court. Tho decision given was 10 the effect that
members Of tho Board Of Police wore not lu-
cluded in tho purvicW Of tho Mayors bill As city
officers. and that the Board was al executive
department OF tho city, organized under the
charter and its Amondmonta, Ihete va, boz 9s;
ever. no .pretenno TINT sho Mayors aet Of 1875
gave such powers ,s1. nd tho 9nly question W.
II 1ps p; T, ue i4 oess sts ssso s paa1 II
Police. ..-...-..
THE sI1rH SECTION or TIE CONSTITUTION
provided taat al persons row ho'dlng any office
OF appointment silal continue ~ tho exercise ot
tho duties thereof according to tho provlsiona Of
tho appointment, unlehs by luis Constitution
otherwise proEldod. Now. tho President and tle
Other Police Conm'baionefB "eso elected. and
weto serving under tleIr commissions received
from :he 0ovoruor Of t9e State; This oxnrn'na-
tion Of the law MAS sui.iceut to shov to tas
Court tho position tho Board occu led
Tho dutsos imposed were OF tie Mose I'M
portant character, and the statutes imroatng
those duttes wore imperative Aud mandatory.
TIE POINT TO ne DECIDED
was whether tho board "sB irno taoto aholtal'ed
by the adoption Of the act OF l932 Frlor atht-
utea might % ropealcd Direct: by irn~
pllcat'on. or by subatltusion. There ~as
poalod the rrior statutes creating the Board
Of Police, u II did, It also changed tue cntl1e
Tax law applicable to the city: aoolsshod The
Boards Of Public Works, Education, and Health,
ing Oily Government: The question. then, to be
considered was. whether tho act of 1872 repealed
the prior charter-cnactmonts BY implication.
Whse ~aa tho rule tn relation TO
Tho general rule was that they we're pot favored.
md, ln support OF this counsel cste1 II Illinois,
S39; a 1l1nots 4v0; " Illinois, 274; BLACK.
46o; "a Alabama, 7oo; "a Georgia, 4oi, etc. tn
AuQlkltH 10 Ibpca1H W iWpHCutIBIt euE4
~ we1o created where subsolucnt STAT
utss were inconslnteut WITH former,
thera might also be repeal whore tho
snbsequcnt ssasute vent over tue vholo ground
fur It. Was tho act Of 1879 intended IS saball-
tute for I'll prior charter amendments 2 That 1t
MGa not was CLEARLY shown by lte own pfovtHiuuH.
Beo Q provided :" that iii laus aud pats OF
laws not Inconsistent with tho provisions Of
shis act shall continue In force." 1. would
thus apnoar tbe nrt wna mt intsndnd A. 4 SUBJ
stltusa Tor ali aces that went before, Ihen tho
question Aroao whether tho stkfutea TO which
ho had referred, creating and organizing tho
poastl Of Police aaa describing i,s poMe1o
wxnk lxcoxslsTExr
With tho provisions OF tho aot Of 1879; and hc
would saimpiy remark to I'D not beou lilo to
lind any ipcopuiskencios whateyer botweeu them.
There xss 10 provision which. In NV ,l,st sepse.
-indaed, In 10y sense 1t sIl.-could be con.
strued a. fepeaflnr by impjlcation = prior act;
md, it that ware 10, # va An snd to :ho case
10 faF ~ this brarch WI ooncornsd. Dut Il
might ba ss,a thst thn f,omn,o" T,nnnit .c,m,ai