The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-01-31
THE AANDANUS ARGUMENT
TO Compel Payment of Atlantic
City Police.
EMINENT COUNSEL PRESENT
Speeches Pro and Con by Messrs.
TomIin. Thorn, Brooke, Small
and Shelton. Authority of
Police Commissioners
Questioned.

Argument was heard on the ap.
plication of the Board of Police
commissioners TO compel tho Local
Board of the Atlantic City Ward to
pay police appointed over their
protest by the Norfolk Commission.
erS.
Counsel for the Local Board were
Messrs. Tomlln aud Thorn, while
Alossrs. Brooke, Small and Shelton
represented the commissioners.
Mayor Petit was asked by Mr..
Thorn if
THE FULL QUOTA OF OFFICERS
allowed by the ordinance was on
the roll at the time of the appoint
Geut of Brown.
He replied that it was.
Judge Brooke then rend the petit
ton of Thomas Brown, which sets
forth that he was duly and legally
appointed on the 10Th of last Sep
TENDER by the Board OF Police Com
missioners and duly qualified on the
I'D; that the police i'll Atlantic City
Ward, not having been re elected
by the Local Bourd, at once va
Gated.
Mr.. Tomlin read the demurrer of
the defense, denying that Thomas
Brown
Is A POLICEMAN
OF the city of Norfolk; that the Pc.
lice Board had no right to appoint
the police force for Atlantic City,
and they deny that there is any
ordinance providing That pay Of the
officer for the ward shall be 81
day. He was not appointed, they
aliege, by the Atlantic City Board,
and they deny the authority of the
Police Commissioners of Norfolk
over the Atlantic City police. That
Brown was notified by the Local
Board that he would not be recog
nlZed and that he would not be
paid.
JUDGE BROOKE EXCEPTED.
Judge Brooke excepted to the
answer, being In the shape of a de.
murrer, holding that the statute
covered it fully. Judge Brooke
said: "The question raised by the
answer OF the other eide Is that of
the legality of the appointment of
the policemen. / think a reasona
Die construction of the act OF an
nexatlon will show that the Atlantic
CITY Board has no voice in the Sc
lection OF the persons to fill the
position of policeman for the ward,
de called attention to section 6S of
the charter, giving the Police jom
mlssioners the power not of APP
polntmeut or OF election, which
might imply the the advice or rec
concentration of another body. but
The selection OF the officers.
MUST GIVE POLICE PROTECTION,
'The city OF Norfolk, under the
act OF annexation, is bound to give
ponce protection to Atlantic City
Ward, and the man sent there was
essnredly de facto officer.
The city Of Norfolk and Atlantic
City Ward made bargain; Atlantic
CITY has had what she bargained
Tor and now does not want to pay
ior IT.. lie quoted law to show
That when the legal title of an Off
Ger is questioned, the only course
open Is to proceed to GUST him.
This ls not On action of this kind.
put Is one Of collateral. The com
pensation follows the title TO tile
office,
de then touched upon the dlscre
slonary powers of the Atlantic Cisy
local board, holding its powers to
be ministerial and holding q man.
damus to be
THE PROPER MODE OF PRooEEDURE.
"Mr. Tomlin opened in reply to
Judge Brookes argument. He said
As understand Judge Brooke's mr..
gument lie holds that there ara mo
discretionary powers; that tho At
iantic City Board are at the beck
and call OF the Norfolk Police Com.
misBioners, and an auditing com
mittee for part of the police force.
1t must be admitted by counsel for
the other side that the real poyern.
ment OF Atlantic City Ward is its
LOCAL BOARD.
"Before any petition from citizens
OF tho uaxd can be received by. Bio