The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-12-19
Is this the agency of the State con-

templated by a city charter? Is the
State to stand aside and say that we are
paralyZed because, forsooth, our agents
are corrupt? Shall the subordinate
power dictate to and rule its creator?
What Encouragement is given the hon
e,t law-abiding citizens Of the country
who risk their lives to enforce the law
when law-breakers in the cities go un-
punished by the failure of police to ar
rest and of city grand juries even to
find true bills? This has been the
greatest factor to create sentiment, if
any there be, of country against town.
You are the doctors. The remedy is
simple and you must apply it if law
and order are to apply in South Caro-
lima.
The power to enforce the law must
be taken from the hands Of the mum.
cipal politicians and placed beyond
their control. 1t must be placed strong
enough to guarantee equal justice to the
rich and poor, the high and low.
You will be met by the cry Of inter-
ference with local self-government. 1t
is false and a mere pretence to hood
wink honest legislators. No lawyer Of
ability will deny the proposition that a
police officer is. not simply municipal
officer, but he Is an officer of the State.
Therefore his first allegiance is to the
laws of the State and he should be ap-
pointed by the authorities of the State
if necessary.
In speaking Of the relations of NUM-
cipal corporations to the State the Su-
preme Court of Louisiana in the case
of Police Jury IS. Shreveport uses this
language: 1.-The government of police
Jury of counties formed one of the sub
divisions of the internal administra-
tion of the State and is absolutely under
the control of the legislature" This
same doctrine is affirmed by nearly
every State in the Union where TO ex-
press constitutional provision exists.
Mr.. Dillon observes in this connection,
the authority of the Legis-
lature over municipal offices and off,
GERS: sit is important to bear in mind
the distinction between State officers,
that is, officers whose duties concern
that State at large, or the general pub
tic, although exercised within defined
territorial limits, and municipal Off
GERS whose functions relate exclusively
to local concerns. The administration
of justice, the preservation of the pub
lie peace and the like, although con-
fined to local agencies, are essentially
matters of public concern. The Su-
preme Court of Michigan in a we'll
considered case holds that the Legisla-
ture had right to appoint board Of
police commissioners as such board was
not municipal; 10 in New York, Kan
sas, Maryland, Florida, Illinois, Colo
RADIO, Kentucky, Georgia, Indiana, and
in fact nearly every State Supreme
Court has held that the Legislature
may take from a municipal corporation
its charter powers respecting the police
and their appointment and by statute
itself directly provide for permanent
police for the corporation under the
cortro! of board of police commis-
sioners, not appointed or elected by the
corporate authorities, but consisting Of
named and appointed
by the Legislature or Governor.
"Police officers are in fact State or
public officers and 1ot private or cor
porate officers and provision in such
q law transferring to such commission
ers for the purpose of the new police
the use of the police telegraph, station
houses, watch boxes, ETC., provided by
the city, is valid. since it only takes
city property dedicated TO particular
use and applies it to toe seme purposes,
changing only the agency by which
the use is directed, the property is still
the city's." Hundreds of cases could
be cited going to show that police off,
GERS are in fact State officers and not
although q particular city
or town be taxed to pay them. "The
officer of police was unknown to the
criminal law. Il is enacted by statue.
He is an officer of the State in which
be exercises his Office" Bulk vs..
30th East, "a.
The Supreme Court of Connecticut
uses this language: "A policeman of a
city is a public officer, holding his
office as a trust from the State and not
Is a matter Of contract between him
self and the city," Having thus shown
conclusively that policemen are State
officers, it remains for you to provide
the necessary machinery for compell-
ing them to do their duty. It is inn
possible to enforce any law in the cities
peaceably and quietly unless the police
are in sympathy with it, and in order
to make them SO they must not be de-
pendent for their appointment upon
mayors aud aldermen elected by op-
of the law.
In some of our towns ex-barkerpers
are made policemen for the
purpose of protecting
their former associates with whom
they are partners in the illicit liquor
traffic. If this recommendation for
police were an innovation,
there would be some grounds for OBJ
lection, but it has been tried success
fully in Dearly every State in the
Union and there is no reason why it
should not be done in our own State.
It is no longer question of expedien-
cy, but of absolute necessity. The
pride of the patriotic law-maker should
be the enactment of such laws es will
secure the greatest happiness to the
greatest number of people without re-
gard to the welfare of politicians.
WILD CAT CHARTERS.
This is an age of corporations aud
laws should be passed carefully guard
Ing the i: terests of individuals against
the encroachments necessarily attend
ant upon the growth of artificial per-
sons and the expressions of corporate
One of the greatest evils of the
day is this desire to Incorporate any
and everything. The merchant who
desires to avoid liability to his creditors
beyond the capital invested finds an
escape in the chartered company. Sci
6sh neighborhoods desiring to tax the
values Of farm products, who compete
with them, find way in the incorpo-
rated crossroads. The greatest proper
ton of the time of our General Assem-
BILE is taken up chartering all manner
of wildcat schemes and country villages
and school districts. All Of these COM
panies can be chartered under general
laws and they should not be allowed
to enter the General Assembly. Nine
cases out of ten the State is put tc
greater expense than is ever realized
from the company.
THE QUESTION OF MONEY.
The practice of usury by our bank