Los Angeles daily herald., 1889-04-17
A ROW AHEAD.
Major Furrey Proposes to
Make a Fight.
A DOUBLE POLICE COMMISSION
Legal Grounds for the Contest
Anarchy in Police Matters.
A Mixed Muddle.

There ia one member OF the police
force who. by reason OF his age and dig
nity and the extraordinary length OF his
rnoustachee, has been deputed from
time immemorial to stand outside the
Mavor's Office during the meeting OF the
Police Commissioners and keep out all
those who have no business within.
Three or four Mayors have been elected
and served their time, number oil dii-
ferent Boards have been raised up ana
cast down, and large assortment oi
Chiefs of Police have been manufactured
and discarded, but Officer Lennox and
his great white moustaches still remain
firm and unchanged, outside the office oil
the Mayoralty.
The prospect is that, this afternoon, IN
the neighborhood of 2 O'Clock, the Judg-
ment of this Cerberus in whiskers Will
have to be exercised in new and un-
usual fashion. He will be called upon
TO decide who are the proper individuals
TO be admitted to the meeting oi
the Police Commission as Police
Commissioners. The door will open
readily enough to Mayor Hazard, albeit
there are those who maintain that ne Is
ouIy de facto official. Captain Knox
and Hervey Lindley will go all right,
although they may, perhaps, not oe cas-.
ily recognized by the ofiicer, they not
having been very regular IN attendance
of late. Mr.. Bilderrain will come up
and smile pleasantly. and the door Will
open before him. But when 1t comes TO
the occupant of the fifth seat IN the
Commission. this will be the uckhsn
question for the officer to decide, Tor
both Major Furrey and ID. Gilbert Dexter
viii present themselves and ask recogni-
ton.
Il is probable that the doorkeepsr will
display his usual shrewd diplomacy py
admitting both the claimants and allow
ing the powers inside to settle the dls.
pute the best way they can. The prospect
is that there will be a very pretty row, ana
it is not impossible that an extra o1ilcer
situated on the inside OF the door would
come quite as handy as the one on the
outside.
On thinking the matter over coolly,
and talking it over with his frlends'
Major Furrey has come to the concius-
ion that he is entitled, ae responsible
citizen and an honorable man, to very
d;fFarent treatment from the Council
from that which he has received. He
does not question the legal right OF that
bodv TO dispense with his services, but
to throw him out without any warning or
Investigation of his career as an officer,
he considers that they certainly have not
the moral right, and he proposes to
ascertain whether they have the legal
right TO proceed in any such fashion. In
ali these beliefs and intentions, Major
Furrey is said to be aided and abetted by
his Honor the Mayor.
The section of the new city Charter
nnder which the removal was made ls
of Article III, which reads as follows:
nAu appointed officers shall hold office until
removal bv the appointing power which shall
have the power of removing In all cases pro
vided, that when confirmation Is iequlreu tns
sssentof the confirming Oody shaii Dc requiieu
for removal"
As the Police Commissioners are ap-
pointed by the Council, it follows that
fhey NAV be removed thereby. There are
several other sections which set forth
the manner of taking the vote, which
will not be quoted, as they were all COM
plied with in the case of Major Furrey.
The point on which the fight will prob.
ably be made is found in Section Al OF
Article A, which reads as follows:
sIt shall be his (the Mayor's) further
dutv to be yipilant and active in the en-
forcement of the ordinances Of the city
TO exercise a constant supervision over
the acts and conduct of all its officers
and employees; to receive and examine
all complaints made against them for
rioEation or neglect of duty, and certly the
same to the Council or proper Board"
It happens that there was provision
very similar to the above in the old
Charter. and on the occasion OF the
peremptory removal of an officer without
the statement of any cause, the case was
tried in court. A decision was rendered
nv the Superior Court OF the county and
subsequently, sustained by the Supreme
Court that such action was illegal. 1t is
a generally accepted maxim of equity,
whether it be of law or not, that delIber-
alive bodies may not take action OF this
sort without cause, unless the privilege
of peremptory removals be granted by
the instrument under which they are
running. =,
On these grounds Major Furrey will
control the right of the Council to re-
move him without investigation OF his
conduct as an officer of the municipality.
If the Council chooses to go on then
and remove him, whether or not the in
yestipation proves that such conduct
would be justifiable, it may do SO; but
his character and standing will be 10 this
way vindicated.
When Mayor Hazard calls the Police
Commission to order this afternoon and
counts noses, he will find that he has a full
Board and one to carry. Both Mr.. Fur
rev and Mr.. Dexter will claim their
right to be heard in the deliberations,
and to cast vote in the decisions of
whatever matters may come up. AS for
the Mayor he has given a pretty plain
intimation of what he will do in such
situation as that. He will recognize Ma.
ior Furrey, and ask Mr.. Dexter to call
in some other time when they are not SO
busy, Then Mr.. Lindley will appeal
from the decision of the chair, and ask
that Mr.. Dexter's vote be counted. The
chair will persist, and then the row will
begin in good earnest. Mr.. Lindley
will probably call Captain Knox and
M Dexter to order, and start in on a
meating of the Police Commission on
MS own hook. 1t is not unlikely that
these three will go eff somewhere and
boId a meeting at the same time that the
nId coalition is transacting business at
he former stand. The Chief OF Police |
win he pulled in two like a wishbone,
md there NAV not be enough OF him LETT
T. x.~ouo q dQpont QIihi Il