St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-05-25
GARVIN KNOCKED OUT.
The Statute Prevents His Ever Be-
coming Chief of Police
OF ST. Paul.
He Is Not a Qualified Resident
and He Is Above the Pre-
seribed Age.

In political circles, at least, the belief
obtains that ALDER: GarVin, the present
warden of the state penitentiary. is the
overwhelming choice of the victorious
Republicans for the appointment to
the Office of chief of the police. No one
questions his qualifications, although it
must be admitted that there IS a wide
difference between discipline in the
state prison among criminalS.and d isci-
pline on a well-reguIated and effective
police force. Ii the penitentiary
Mr.. GarYin is successful dis
ciplinarian. but handling criminals
is his particular specially. With
him it is no reconcile problem. but will
lie ind the government and cOntiOl of q
police department of a metropolitan city
as simple. and will he find that the same
rules that are, so familiar to him APP
plicable in the latter case? But the
discussion of this particular phase of
the question:iS not the purpose of this
article.
Tive point that will be raised is
whether OF not Mr.. GarvIn is eligible to
the position. The legislature in the
winter of 1888 passed a special act to
govern the st. Paul police department.
Can the courteous warden qualify under
the provisions of that act? This law is
very explicit in point Of eligibility. 1t
says:
Section The police department Of the
city of St. Paul shall consist of the mayor
who shall be the chief executive officer and
the head of the department, chief of police
four captains. four Eeutenants, eight ser
geants. and one chief Of detectives, four de-
tectives and as many patromen aud police
officers as msy be authorized by the common
council OF SAID city, with the approval Of the
mayor. The mayor shall appoint the chief
OF police, the captains, the detectives. the
Sergeants and all policemen, patrolmen
police officers at any time pertaining to the
police department of said city, and BY what
ever name designated, with the advice
and consent of the common council: but no
person shall be eligible to the appointment
as captain, sergeant detective. police
man, patrolman. or other police officer who
is not a citizen of the United States. nor I'M
der the age OF thirty-fve years, able to read
and write the English language. q resident of
the city-Of st. Paul for at least Two years
preceding his appointment. and who is not
of good health and physique, the standard of
admission into the army of the United States,
rs established by examination, to govern in
this particular. and an officer or member of
the police department who may be appointed
by the mayor may be 10y him removed from
office whenever IN his opinion the well
fare of the city demands such removal
Provided. That such removal shall not
take effect until notice thereof is given to the
common council, and the action is coucurred
in by minority vote of the entire members
elect of said council, and such removal may
be made without charges having been made
by the mayor of said city by tWo-thirds vote
OF all the members-elect of said common
council; and provided, also. that the mayor
may remove any officer or member of said
police department within any time within
six months from the date when such officer
Or member shall be appointed as III this Sec
5on-
Then follow details that are not
relevant to the case in hand. But
enough is shown TO disqualify Mr.. Gar
vim. He has never been a citizen of St
Paul, and he is above the prescribed
age. While it is pretty generally con.
peded that no che will likely take legal
steps should Dir. Garvin be appointed
it seems mighty unlikely that he will
resign from the fat Office he now holds
to accept an appointment that the or
ganic act prohibits him from accepting
DR. filling. 1t is agreed in legal circles
that there is no way for quo warrantC
proceedings to be brought in the
event he is appointed for the reason tha
Chief Clark will have first been re
moved, but there is another way open t
give him a deal of annoyance, at least
The city treasurer can be enjoined from
p-ing him his salary, and it is safe tt
presume that he would not long remain
In the city's service without the com
pensation that attends. So long as the
law makes certain qualifications as tht
standard upon which police officer cal
be placed in the department, the Law
can be invoked to prevent the paymen
Of any incumbent that cannot NEE
those requirements. This is agreed
among all lawyers that have been CUES
6oned upon the subject.