Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-12-22
C0UNCILSCAN REMEDY
That Is the Only Source of Raidihg
Power for Mayor GOurley
so Tue CITY ATTORNEY DECLARES.
The Chief Executive Can Merely Direct
and Cannot Enforce.
GIsT OF TIE SOCIAL EVIL CURE

At the request of Mayor Gourley, City
Attorney Moreland submitted his opinion
of the Mayors authority to compel officers
to enforce the laws The Mayor wrote Mr.
Moreland that he had directed the Chief of
the Public Safety Department to make in
formations and arrests aud close disorderly
houses and he now wanted to know what
power he had to compel the fulflment of
the orders.
In answer the City Attorney refers to the
importance of the question, and quotes
voluminous extracts from laws and ordi-
nances covering the same. In Justice Will
Jams OPT nion five magistrates were supposed
to have the same police power as the Mayor,
but the latter power is not diminished and
ample latitude is conferred upon the Mayor
and magistrates, but the right to arrest
upon view is conferred by ordinance. This,
the City Attorney says in his opinion, is
mandatory and not directory. Several au-
thorities are quoted to maintain this view,
stating that where public interest or private
right require thing to be done, the word
may" is construed as meaning 'tmust"
Justice Williams in referring to the city of
Pittsburg SAYS the heads of her departments
must lock to the act creating them for their
power
He Has No Power.
Under this act, the City Attorney says the
chief of the city has no power TO arrest or
imprison any violator of the law. The
power to make arrests is vested in the
Mayor and magistrates and police, but to
hear and to act in these arrests rests with
the Mayor, his sppointees, aud the magis-
trares If the police of the city fail. neg
lect, or refuse to do their duty. the penalty
is dismissed.
"The police, "savs the CITY Attorney, care
no longer under the Mayor, but are subject
to the order of the Chief of the Department
OF Public Safety, who has the right TO sr-
rest on sight or warrant" The act makes
the Mayor the directing" power, and the
Chief of the Department of Public Safety
is simply given the management and super
vision of police affairs, not the right to raid
and arrest except as prescribed by law.
Assuming that the Mayor has the right to
direct and the police official refuses to act,
there is ONly one remedy. The Mayors
datv is to submit the matter to Councils and
they can enact such ordinances as will |
remedy the evil Then if police officials re-
tuse to act they may be dismissed by Coun- |
cils After holding that Councils are re-
quired to pass such ordinances relating to |
the peace and welfare Of the CITY Mr.. More |
land makes his points clearly.
The Gist of the Law.
First-The power of punishing offenses
against the laws and ordinances relating to
this city is devolved upon the Mavor and /
the five police magistrates appointed by the
Mayor.
Second-You have the lawful power to
direct the chief OF the department., within
the laws and ordinances, to enforce all such
Though his police, either to arrest on view
where q breach of the peace is being COM
mitted in the presence or such officer, or by
ca using iniOrmations to be made. But such
arrests, when made, can only be heard and
determined by the proper magistrates.
Third-The right of the Mayor to super
wise departments and direct the officers
within their lawful duties does not confer
the power upon you to order raids to be
made nor to make arrests in any other mode |
than herein indicated.
Fourth-lf a public officer should fail, neg
lect or refuse to obey the terms and prov1- |
5 IONS ot such ordinances as may from time
TO time be enacted, the Mayor has the right,
and I think it would be his duty, to report
such failure or neglect to the Councils, or to
the chief OF the department in which the Of
tending officer is employed, for such investi-
ration and action as NAV be in such ordi-
nances provided.
The Power in Councils.
Fifth-The chief of the department is
chosen by Councils. He is an executive and
de jure officer. Within the line of his duty
he is unQUestionably clothed with some lati-
tude for judament and discretion. He is re-
quired to report to Councils, from whom he
lerives his Cffice, and to whom, and they
alone, be is responsible. Councils can pass
ordinances for carrying into effect the laws
and may direct therein the manner and time |
within which and by whom they shall be ex-
ecuted A failure to perform in good faith |
he duties so imposed would, in my judg- |
rent, give the Councils right to take action, |
either by suspension or removal of such Of
iCers.
Sixth-The ordinance of 1869 empowers
he police to enforce by arrest on view or
lpon information and warrant, persons
against the acts and ordinances in |
art recited. Failing so TO do they are
liable TO dismissal by the chief of the de-
Rrtment.
1 have given to your communication a |
most patient, thorough and impartial in
'estlgatiOn, and can reach under the law no |
lther conclusions than those stated. II the
NV fails or falls short of furnishing means
or its proper enforcement the fault is not |
hat OF public officers. We cannot legislate.
" cannot do ought else than accept the |
aw, and then conscientiously execute it in |
decent, orderly and proper manner The |
emedy for defects is found with the Legis-
ature. Most truly yours,
WILLIAM C. MoRELAND, City Attorney,