The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-07-28
RICHARDSON IS RE|NSTATED
Judge HanckeI Grants the Man
damus Asked For.
The Police Commissioners Are for
the Present Masters Of the Situa-
ton. The Mayor, However,
Has Some Guns 10 Fire and
"is Loaded for Bear"

son shot woman in the Fourth Ward
and was indicted by the grand Jury
and then suspended by Mayor Petit.
At tho next meeting OF the Board of
Police Commissioners Messrs. Yerdier
and Bolton reinstated the detective
aud at once Mayor Petit against sus
pended him. The next move of
Richardson was to ask OF Judge
Hanckel for a madnamus to compel the
Chief of Police to assign him to duty.
THE DECISION.
Judge Hanckel said:
"rhls Is a petition by g. l.. Richard
son for q writ of mnndamus to compel
the Acting Chief Of Police OF the CITY
of Norfolk to obey an order of the
Board OF Police commissioners OF said
city, restoring the petitioner to duty
as one Of the regular members OF the
police force,
"rhe petitioner alleges that on, and
prlor to. tho Sd day OF July, 1895. he
was a regular member OF the police
force OF Norfolk city; that on that day
the Mayor OF the CITY suspended him
from duty; that gu tho 18th day July,
1895, the Board OF Police Commission :
ers hold regular meeting. aud restored
hun to duty. with iull pay from the
time OF his suspension; tuat later n the
Same day the Mayor of snid city order
ed petitioners suspension for the SEQ.
ond time, upon the same charge; and
that the Acting Chief of Police bus
obeyed the order of the Mayor rather
than that of the Board of Police Com.
missionors, and refuses to restore him
to duty.
40 this petition the defendant do
murs, admitting the truth of the allie.
cations of the petition, but rnising the
question OF law whether or not the
Mayor can suspend an officer for
charges upon which he had boon
formerly suspended, and upon which
the Board OF Police Commissioners had
taken action.
under section GO OF the charter of
tho city there can be no doubt on this
point. However much we may deplore
the policy of stripping the Mayor of
the ordinary functions incident to that
Office, yet the policy or impoicy of
the statute constituting our city char.
ter is not proper subject for the con-
siderai;on of the court. And the
language OF this section ID too plain for
argument.
THE CONSTITUTIONAL POWER.
powers OF the Mayor, az hns been done,
to sustain his right 10 suspend city
officers, etc. If there Is any legal q ues.
tiun settled in this State beyond all
| dispute, 1t is that n policeman Is O
| State, not city officer. SO that the
Mayor only powers to suspend police.
| men are found under the section of
the charter above referred to. The
section provides that 1.-THE Mayor, at
any time, upon charges being pre-
ferred, or upon finding said chef or
any other member OF said police force
| guilty OF misconduct, ahall neve power
to suspend such members from service
until the Board OF Commissioners shall
convene and take action in the mat
ter" This is the full power and It's
limitation.
at should be borne in mind that the
propriety OF the action of the Board in
restoring to duty man under indict.
ment by the grand jury is not one oil
the questions to be decided. The
trainers OF our charter presumably con.
sidered that the Board of Police Com
missioners would, in all probability be
composed of citizens so interested III
the character aud efficiency of thepolice
force that it's selection and government
could safely be loft in their hands. Al
any rate. there can be no doubt that
this power to reinstate @ suspended
officer Mt their first meeting after such
suspension Is vested in the Board, aud
having convened and taken action the
| Mayors power Of suspension for the
Same charges is gone.
| Let writ of mandamus Issue.
| Judge Hsnckers decision greatly
upset the Mayor. He said, however,
that he had not yet surrendered,
though he felt very much like walking
| ont and giving up the place.
The Mayor feels that no one can take
from him the rights guaranteed to O
| Mayor of city by the Constitution.
lie will take little time to consider
what he will do.
The Mayor insists that Richardson.
who was suspended by him, was rein.
stated by the commissioners without
any investigation and without proofs
| In the case"
The judge says that the plaintiff alleged
| that an investigation was held and the
city attorney, representing the Mayor,
SO admitted, thus taking from the in.
curry the question as to whether or
not proofs were taken to the Police
| Commissioners before they reinstated
| the officer.
| City Attorney Shelton was seen last
| night and said that 1t was the old case
OF Lamb Va. the Commissioners, which
was settled by the Court OF Appeals.
He said. however, that Detective
Richardson would not get his pay il
any one had been acting in his place