Kansas City daily journal., 1896-12-30
In FAVOR OF HOME RULE.
JUDGE j. s. BoTSFORD WANTS A
SPECIAL ELECTION HELD.
Gives His Reasons for Relieving That
Kansas City Can Manage Its Own
Police Affairs Without the
Governors Assistance.

Judge ]. S. Botsford said yesterday that
to so amend the city charter that Kansas
City can get control of her police depart
ment.
"I am unable to anticipate just what OBJ
stacles the measure may encounter in the
almost certain litigation which will follow
an attempt to curtail the governors pow
err" said he ''but however our rights may
be defined, they should include the right to
control our own affairs.
IF the case ever reaches the supreme
court the opponents of the reform will
probably cite the case of the state ex rel
against John Dolan, which was sent up
from Kansas City. In the city election of
1856 Dolan was elected superintendent of
registration under the city charter, then
in force. At that time John C. Hope was
holding the office of recorder of voters for
Kansas City as an appointee of the gov
ernor. They were virtually one office, diff
fering in name only. The state instituted
proceedings to have Dolan ousted, and the
question for the supreme court to decide
was: Which is paramount, the city charter
or the state law under which Hope was
appointed? 1t ruled in favor of the latter
and Dolan, elected under the city charter,
was ousted.
THE reason given by the court for de-
Gliding thus was that an election is some
thing that affects the state at large as
we'll as the city in which it is held.
''Then there is the famous st. Louis case
of Ewing VS.. Hoblitzelle. The matter at
issue was similar to that in the Kansas
City case, but in deciding it Judge Norton
used an illustration in which he referred
to the very conditions which will be in
volved in Kansas City's attempt to get
control of her police department. 1t is
known as Judge Norton's famous dictum,
in which he says, in effect: Suppose St.
Louis had attempted by charter amend
ment to name her own police board. Would
that have been legal?' Used in the connec-
ton it was, the logical answer would be
no. Whether or not this dictum would be
given weight by the court and considered
in the light of a precedent in analyzing a
similar condition In Kansas City of course
cannot be determined. The tendency among
lawyers is, however. to regard police and
election matters as the concern of the state
at large.
MY plan would be to attempt the pas
sage of a general law through the legisla-
ture this winter, delegating to Kansas City
the right to control her police board. This
done, there would be no possible obstacle
in our way, though the hope of securing
such legislation with the present complex
ion of the assembly is, will admit, rather
vague Still it might be worth the trial.
And in the meantime, would recommend
the holding of a special election providing
for a charter amendment. 1 would try 1t
both ways"
Attorney S. B. Ladd. of the firm of Gage,
Ladd & Small, said yesterday:
II think the charter should be amended
so that Kansas City may elect or appoint
her own police commissioners. 1 don't see
why we shouldn't govern ourselves as long
as we have to pay the bills"
Attorney F. F. Rozzelle, while his former
views as to the expediency of appointing
the police commissioners in Kansas City
have in no way changed has another plan
which is a modification of that already eX-
pressed in these columns. He thinks the
point of obtaining non-partisan board can
be compassed without shifting the appoin-
tive power His plan is to amend the city
charter in such a way as to require the
| two members of the police board to belong
to the two paramount political parties.
that is one Democrat and one Republican,
| the mayor to be, as now, president and eX-
officio member. He offers in support of the
| legality of this plan a number of well
| known authorities and several court de-
cisio&E.