The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-01-08

erned or subject to the metropolitan
police law"
The general impression is that il is not
and very few people think otherwise.
There are others, aud good lawyers too,
who say that the metropolitan police sys-
TEN is not only abolished but that there
is absolutely no legal police force IN Wich-
tia. They contend that when the power
that creates force ceases TO exist that
which they create cannot live alter IL.
The matter was the subject OF general dis
cussion Yesterday after the news was an
nounced through the EAGLE. a re-
porter for this paper found the law
creating the metropolitan police force and
also found the amendment law of 1889 the
section OF which relating TO tue abolition
of the system in any city reads SIS follows;
Whenever the governor shall deem 1t no
longer necessary to continue the govern
ment Of any city by this act, the governor
shall issue and cause 10 he published III
the official state paper, his proclamation
TO that effect; thereupon police judge, n
marshal and a sufficient number OF police
men shall be appointed by the mayor. by
and with the consent OF The council, In
like manner as IL this act Ead never been
passed; and the functions and salary OF
the poics under this act shall cease and
determine upon the appointment OF such
police Judge aud his qualifications uuder
such appointment; aud the functions anu
salaries of all officers under TINS act shall
cease and determine upon the appoint
meut OF such policemen aud marshal, by
aud with the consent OF the council, and
their qualification under sucn appoint
meet.
Ii certainly seems from the above that
the government of any city under the
metropolitan police law does not cease to
exist till tue governor shall Issue aud
cause to be published in the official state
paper his proclamation to that effect. ."
This has not been done yet. The Topeka
Capital is the official state paper, aud yes
terday's ISSUE now on the reportorial
desk, does not contain Il word OF the pro-
clamation. On the contrary IL contains
statemen of the governor concerning the
condition at Wichita and Leayenworth, IN
which he says, in las very first paragraph:
81 have had under consideration the
question OF disbanding the police boards
in the several cities of the first class, VIZ:
I.eavenwurth, Wichita. Topeka, Kansas
Civ, Atchison and Fort Scott, but have
concluded not to 90 So, notwithstanding
the Judgment to the contrary OF many OF
the best politicians of the state, including
some of my closest personal a. well as
political friends"
Now then, as to the legal opinions rem
dered by some of the local attorneys
They say that there is no legal police
force in Wichita. The law, as quoted
above says land the functions and salary
of the police force under the act shall
cease and determine upon the appointment
of such policeman or marsha! and thelr
qualification under such appointment
Now, then. it is plain that the functions
and salary Of "a policeman under this
/ act does not cease with the abolition OF
the police commission, but when the new
/ policeman is not only appointed but quail
! fled rs well. Suppose it is as they allege,
I and that the mayor Immediately appoints
! a new police force and that the council
/ does not confirm the appointments for
weeks, AS is often the case, does anybody
suppose for moment that the law is so
/ lame as to contemplate that there is no
police force during all this time. The log
| zeal conclusion is that the police on duty
| at the time the commission is abolished
hold over until their successors are chosen
and qualified 1t could not be otherwise
and conform to common sense, which is
the basis OF all law
THE COUNCIL MEETING.
The council met yesterday morning
at IL o'clock pursuant to the call of Mayor
Carey 10 take action on the telegram re-
ceived from Governor Humphrey to Mr..
Carey which is as follows:
TOPEKA, Kan, Jan. 6, 1898.
To John y. Carey:
have this day accepted the resignation
! of c a Van Ness as police com missioner
for the city of Wichita and removed Is,
Churchward as police commissioner foI
said city. l will appoint no successor
| Please look after the police affIirs of your
city. LYMAN I. HUMPHREY,
Governor.
Mr.. Cary made a few remarks upon the
question which were intelligent and to The
point aud then Councilman Martin moved
that the council 20 into executive session
which was carried
There was a large crowd present foI
the public were very much in
terested in the subject, aud when
the room was ordered cleared and the dool
closed the Cuvions were disappointed. The
council talked the matter over. some alIeg
Ing that appointments should be made a
once while Mayor Carey aud others insist
Ell that there was no necessity for imme-
diate action. The city attorney was called
in 10 give his opinion ann he sustained TIT
position OF the mayor The upshot of thu
matter was that nothing was done ans
nothing will be done until tomorrow night
which is the regular council meeting
night.
/ MAYOR CARRY Talks
Mayor Carey was seen last evening al
the Carey hotel. and, while lie talked free
IL in regard to the pressat state OF affairs
he said he did not want all he said pub,
lislcd. as the general public were too won
20 mlscoustrue newspaper reports.
"But. - he said 70 an EAGLE reporter. 81
viii SAY this: am going 20 30 what
Shink is right, and am going 10 adhere
strictly 10 the law ! said yesterday morn
lag, oa the converting 81 she council, that
had called tnem together fof oon>ulta-
lion. ! dld not think the Metropolitan
police system for the city OF W5cJ-
IVA had been abolished although
Drcsum sbiv, ;he comm lsSioners had "a.
/ either resigned or been discharged. some
members Of tue couae,l took Issue with
me on this ba~iuG their opinions on
The telegram I received from Goyctaoy
! Humphrey last uIgat, a copy Of H-Iich you
/. published in Your paper this moruias.
! Now do not LOOK on that Telegram IS