, 1875-09-29
THE SUPREME COURT AND TIE POLICE
HnAIn -

Tho decision Of the Supreme Court sustai11-
ing tho right Of tho Common Council to abol-
iah tho Police Eoaru soema to hive been gen.
crally construed a. MI indication that it will
affirm the validity of tho election ut Which it
is pretended the charter Of 1872 was adopted.
There is 10 warr1snt in this decision for any
such conclusion. 1t haa been jumped at By
those who desire tho charter Of 1872 tn bo
snstained simply for tho purpose Of holding
their offices from six to eighteen montha be-
yond tho term for which they wcro elected.
All TINT tho Supreme Court las decided iB
that, assuming tho chartor Of 1872 to
MI unquesGoned right to aboliHh the
Police Board. The Supreme Court was bound
10 ass,l1no the chartcr Of 1879 to ba in force,
bccartso ~ it Is in forco rs matter Of fact,
and (2) if not treated as tho de .f;seto Govern
1nent Of tho city, Chicago would 10 subjected
to series of nets md contracts thRt nra null
and void. It will bo remembered that, when
u majority 1T the Aldermen violated tho i'll
junction of tho Circuit Court and c,nyasscd
tho returns, Judge WILLIAMS declined to hold
this canyn:ss as void and Of no effect because
Of tho serious complications md manifold
litigation liIcly to grow out Of tLo coa-
fusion that would follow such decis-
ion. While furnishing for contempt the
Aldermen who violated tho injunction and tho
attorneys WHO nt1visod this course, Judge
WILLIAMS held tho charter Of 1S7. to 10 i'll
forco for nil purposes Of city government
until tlIis election should 10 contested on its
merits. Il1a snmo view WIS taken by tho
Circuit Court when it refused to extend tho
| injunction which tho Police loartl Ind sued
| out against tho city. Il was sustained by
| Jt1go McALL1sTE1s, Of tho Supreme Court,
| when application was maae to him for such
m extension. 1t Inns now been sustained ~
the Supreme Court, which has never yet hasl
the question of tho validity of tho charter
| election before it.
/ 1t would have been extremely unus1al for
tho Supreme Court 10 take n moro incident OF
the chartcr and mako 1t II pretoxt for deciding
tho whole CHARTER question ono why or the
other, without evidence or arguments on tic
general question before 1t. 10 decide that
thority in abolisling tho Police Board becaaso
! tho charter Of 1879 IL not mud mover Aas boon
| in forco, woull hayo been to decide in effect
that oil nets Of the present City Government
done untler tho sanction Of tho charter oi
| 1872, whilo in forco de J;seto, ncvorhal legal
/ character. Such decision would bo groas
injustice to innocent parties, s,-contractors,
public employees loaners Of money, asc.,-
MD it III not liko'y that the Supreme Court
will tako this ground, even II 1t sets aside the
charter Of 167. altogether. It will probably
be held thnt all acts Of the City Government
wAilo acting under this charter should l4eys
full legal effect; but this will not prevent il
from declaring tho charter election illoga
aud void it it shall be satisfied that it wa,
not held III compliance with tho law, or tln
Tho majority for the charter was obtained b,
fraud. The former quostion-whetAor o,
not tho election was held in lawful man
nor-will como up before the Supreme Courl
Tomorrow for argument, unless tic counsel
for tic city seek anothor postpono,nent
Meanwhile it is sheer folly for tie "hold
overs" to persuade themselves, or enleayor Il
persuade othcrs, that any decision recogniz
ing tho charter OF 1879 o. in force for ths
p.rposes Of city government foreoaata
recognition Of tho charter as having bee.
legally adopted, aud as binding upon tha
pooplo for all time.