Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1880-01-09
The Police Case-0pluson Of Iudge
stuart.


the decision OF the justice. in tte case Of Jas
I. Walker ard Matthcw Latter, against the
City C0upcil, awarding theu ply for services
as policeueu, they having been .c-eIectad alter
beag discharged b? the Mayer. TIC following
IL The opinion OF Judge Stuart -
j. :. !, akor apd Sir, Lattenl
City Council Of Alexandria,
ltappear= tr0n. the facts in tucsJ CASES. with
have bccn heard together. that j IS. I. Walker
aSd Matthew Lsttc0 W1:o elected policemen Of
this city, By the Ui,y Council Of A!exardci., in
i5lut c:nv ,ptl0n assembled, ou the 22nt dsy OF
Ja!%, 1879. end. hayi.g cxccalel the bond anG
'akec the oath r.qu!Ted BY la8, entered upon
the discharge Of their Gu les They Continued
20 acs as such po!icemeu-Waiker nntll Deem,
bo- 9. 1879, and Latten uatil Ncyembcc %
1879 At these dates they were respectively
| removed from ctfec iy C4ur'llrd Il. Smith,
Mayor Of this City aikcc f9r absence from
his posi- Of duty nrd L:tteu for Drunkenness.
They Mayor communicated bis Gc>ion to the
Citg Council Of AlrX!adIis. who ro-c leo;ed both
DeG to their p9siio0s az policemen.
Bob neu, alter their eiectilo by Council,
executed their bonds which were accepted by
the Finance Committee, tho body designated
by law 20 approve such instruments; and !here,
upon went 20 the Mayor TO DC sworn in, but
shls 10 deciioed 20 do. upon the ground that,
having been ohce renewed BY hiusrit, Tor
cause, they %Cto net eligible Tor red .ciou,
end thcreup0n each Of shcrl took the prc.cr!o
CT os!h before c justice OF ihc page 81 tbiS
civ.
The Mayor has continually refused, since
taea, 70 r'co&E!ze them as pole sne1, or TO
allow them 10 &c, as such, (th0ugn taey
have been always really TO &C. a. such
but has appointed ether pos,os 10 their PLACES
Their apps!C2u0n ;sv :. warrant FOR thair pay
haVia. beer refused, this suit ssas brought to
II ever wages for D ccuocr.
il che plliGtiita I!av3 been 'e&allg elected and
qualified Is p9!ic u.cu there caG he 70 question
but that they &c oc,it!ed 10 the compensation
fixed b. la@; tor the reason that thl. cImanp-
5st!oa dapeads upon thei. willingness and .bii
~ 20 diseh rye their GGtiea, md their oif:r So
&c DO; GC3 got Upon whether ih2y were permit.
ted 50 10 d. b. the Executive Of the cry.
That The p!aiE,itfs bG7c iul; qu2:i.itli, &C
o3rdng % as, Is h"Yrn%: al! preston. Their
51od Gas 1aen 1ptcd bg tbs ti1.fc' Com.
Wltt20, whose Gay Il Is UldCr tina city orci-
n3ncca to approva chem II the IS CAVITY is sats-
factory, nud they haTc ;aSr0 ;hu oath OF cfieu
bcocc iast!cc OF !hc peace Of this ~. NJ
Va S'Sibn'iS.' IiAGS ti!:G Sis. ~ Js
paio!e the Mayor, AID uldcr the acac.al iaT
OF the Common meaith suoh 81 oa.h nay 30
t&S"c bcior: rc8E;s rate
But i ls urged thai The City Cauuci os Al
iyGlGri9 lad 10 power 10 re-rlCc. these inCH
o. suso i: IS du'y Of TIC &ia?or, a. 40 i:c.arEt
Q! his cjosl utlara nc9e: Il removal, TO ap-.
nciot tor Ito term fos wAic:i too prrsous rgmgg-
CO were originally cltc.-d t0 this doctrine / Gan.
not g!V@ ny 2sscGi; 60 HGttl@rity IL CIT: i in
supac!t q L., and &c ccascc can be Sivcr why
ii Should b !u~. The - cE,arrc1 expressly
provide: that "wh2ue9c7 vacancy shall OCCUR
10 eoy "fc, uodar this clarees wco her By
rcmorai &c , the City Uonac;l shsll I'll! tbs
V.c ,n:y, &c, 5, aG:! 10 81, ''lu ice 4gon;
d he req JVal OF guy CHE. Dg MS order, he
THE NayUr) small C!mMua!o4tc tho fact Gith
his reasons !hcrcfvr 20 the City UoGrc with
our delay that tic vscsuc3 may DC Fl led"
y urGum9rt is needed 10 show that thcso
Dro2ls:ons expressly re! ui2tc The GOCiriuc m
tended for.
No: CAD sai1k ina. tho.o ii room for arsu,
rlcnt thgt these p!,n are iacisi3!c f4c re cl2c
too because ih,y hsvC bean removed By the
Mayer tor ClG-c. A.! men a!c eligible To- oiiiC3
10 this Sac unless rcrd2Icd tucliglbta by The
Gog; ti;u:ion Of inc State OF soclc sct Of A, sem
bly,. Certainly, s. tar a. il shnw1 by ,hs cyj-
dcncc, 'h2sc uiy.i have done nothinc which
souli depfTa them Of The right to qotc or held
cfic9. VIA therefore is appealed to 10 order
to show lhe,r ipciigibjl.!y? What is termed
public po'ic], tia. tic goyegni9g BODY Of city
iuisht DOT rrya IS the &ciioo OF an ey cave
who had removed cfc,rs to; c use
AZ 4 QUESTION Of policy, it snay he admitted
that thcac mcu should lot have tnG6 re- i e$r&;
that such thing IVES ncver contemplated Oy the
trainers Il! iIg CGnsti,n;iip, but rs Z question
OF law d. nCt doubt II pliiGritfs wc,u eligible
tOr reelection. aud having been r -aIcctcd ero
ou!!tled to the compensation iixad by l4;a.
have not discussed the ques ion a. 20 the
right OF the Mayor to remove tho pvcI off,
rs, though, in NY ONO mind, | pm satisfied
bat ho has this power in tGG abse:c, Of any
EepislAti0n entering il uoou some ospor BODY.
as is tho cas- hsse. 1t ctlg rcm2ips Their for,
tor no TO DC arc as the judgment Of this 'urt,
TOR the rcasou ass gned above. that the ujs.
.,i,,n 49,, J. n