Kansas City daily journal., 1896-12-07
HOW CAN THE PEOPLE MANAGE
THEIR OWN POLICE AFFAIRS:
WANT WHAT THEY PAY FOR.
CITY NOW THE KANSAS
CITY SEAT OF GOVERNMENT.
Present Method of Appointing Police
Commissioners should Be Changed
-Ex-City Counselor +. r. Roz-
xcIIe Gives His Views
of the Matter.


many expressions of disapproval from lead
ing citizens, and the desire for some relief
and change 50 that the obnoxious features
of the situation may be dispense! with, has
become general. Under the present plan OF
appointment by the governor, the power
behind the board is at jefferson City and
the people have nothing whatever TO say.
1t IS not local government in any sense.
and there is a strong demand for d change
that will give the people what they pay
for-the control of their own affairs.
1t is a well known fact that during the
past the police power has utilized the
tough and vicious element among the sa-
loonkeepers for political advantage, and
that during the days of Owsley the police
winked at all sorts of outrageous election
frauds and manipulations. 1t wds the out
RACES Of the Owsley regime that illustrated
how far the police department was re
moved from local government, and in that
lies the basis of the demand for a change
in the present system.
The question to be determined is wheth-
er under the present state law, the city
charter can be so amended 10 give the
relief demanded; or whether an amend
ment to the charter is the proper course, if
it can be done.
Certainly no one will deny that the peo-
pie have 2 right to voice in the selection
of the officers who manage their affairs.
Ii they should elect their mayor, why not
the police commissioners, who. when of
opposite political party make the may
or a mere figurehead? Why should not
the governor appoint the mayor and city
council, as well as the police board if tine
theory on which the latter is chosen is cor
rect
Many citizens are of the opinion that the
police department should be governed by
non-partisan board, organized somewhat
on the plan of the board of public works.
and that the mayor should be president
and eN-ofticio member. In order to bring
this about it may be necessary to amend
the state law as well as the city charter.
OF course, every political boss and plug
ger" and spokesman Will be violently op-
posed to this plan.
While there is no denial of the existence
of an unjust condition of affairs, there is
some difference of opinion as to the proper
method of securing relief The Journal has
always stood up for the right of the peo-
pie TO local self-government. and it voices
their demand when it seeks for way out
of the present Democratic long distance
ring rule. A number of eminent lawyers of
the city have been requested to furnish
opinions as to how the people may secure
relief. The following is the opinion of ex-
City Counselor F. F. RozzeIle:
Mr. RozzeiIe's Opiniou
Your inquiry involves two questions:
F'irst-Can the city charter be legally
amended without state legislation so as 10
divest the governor of the authority 20
appoint the police commissioners? Second
Would such a change improve the eff
cheney of the police department and be for
the best interests of the city?
LAS to the first point. 1t has always
been debatable question whether the
freeholders in framing the present city
charter could have made provision for the
appointment of police commissioners diff
ferent from that provided by the special
act of the legislature then in force. relat-
ing to the appointment Of the police COM
missiOners and the regulation of the police
force for this city. The police commission
ers and all the officers OF the police in this
city We're at that time officers of the
City 81 Appeal RepOrtsl. said in regard to
the police commissioners of this city:
They receive their appointment and
commission from the governor of the
state; and are essentially officers of the
state. These muui~s0a communities are
such important il = i parts of the state
to make the d. Istration of the po-
lice law among the local constituency of
vast public importance, well justifying its
commission to its own appointed board.
wholly independent of the municipal au-
thCrities responsibility.
In 1864 the county of St. Louis was un-
der an act of the legislature, made charge
able with One-fOurth of the whole expense
of the police force of the city of St. Louis.
The constitutionality of this law was
sailed on the ground that the county could
not be compelled to defray the expenses
incurred by the city. But the court, in
state ex rel vs.. St. Louis county court
ga Missouri Reports. said: Police COM
missioners are an agency OF the state gov
ernment and required to perform within
the specified locality some of the most i'm
portant duties Of the government The
police commissioners, being officers of the
state. there would be at least great doubt
as to the authority of the frceholders in
framing city charter to abolish or change
the manner of appointment of those Off
GERS by charter provision, and If this
could not have been done in the original
framing OF the city charter, it cannot be
done by amendment.
In the case of Ewing VS.. Hobitzelle
IS Missouri Reports, there is a dictum TO
the effec- that such a charter provision
would he illegal because if the charter
provision in that respect is to prevail the
law of the state would then be subject 10
the charter in the face of the constitution,
which declares that the charter shall be
SfbiFt-- TO the law of the state
second Bat asi1e from the legal phase
of the question, I believe that the police
department should retain its metropolitan
character ard remain branch of the
state government. This is the character
of the police force IN almost every large
city. and where the experiment has been
made Of changing to a city police force tho
result has not been to increas, the .ff-
cheney Of the department. But believe the
city charter should be So amended as 10
divorce as far as possible the police de>
partment from party politics and place 1t
under strict civil service regulations. This
was the aim of the recent law enacted for
the government of the police department
of the city Of New York and | am in
formed the results have been good.
The police commissioners were. by the
present city charter, given exclusive power
in the matter of granting. refusing and
revOking saloon licenses. While this vas
in some respects a good provision, it has
doEs more than any other thing to change
the police board into a political machine,
by giving the police commissioners the alb
solute power TO say who shall be allowed
to engage in the saloon business. The
charter in regard to this should be amend
ell to provide: First. that saloons or dram