The Topeka state journal., 1897-12-06
TOO MUCH SAIL.
Topeka Has a Police Depart
ment That is Illegal.
Judge Hazen so Decides inCOurt
Today.
only CITIES OF 10000
Are Entitled to Police Ser
geants and a Chief.
If the Supreme Court UphOlds
Judge Hazen's Decision,
Five Policemen Must Go and
Chief Drop His Title.

Judge Hazen played havoc with the
Topeka police force in a decision made
this morning in the case of D. NJ. Mitch
ell against the city of Topeka.
Mitchell was appointed sanitary ser
geant by the police commissioners and
the council refused to pay his salary on
the ground that the act did not author
ize the commissioners to appoint a san
itary sergeant in cities of less than 40,-
COO inhabitants.
The part of the law under which the
sanitary sergeant is appointed is also
the clause that authorizes the police
commissioners to appoint in addition to
the regular patrOlmen, two sergeants,
two jailers, one patrol driver, one pO-
lice captain in addition to the regular
patrolmen.
Judge Hazen held that the law ap-
plies to cities of 40, 600 inhabitants. only
and that therefore the commissioners
not only cannot legally appoint a san
lUary sergeant but they have no author
ity to appoint a police captain, ser
geants, jailerS, or a patrol driver. In
short ne held that Topeka is being gov
erned under the law which applies to
cities of 10000 inhabitants.
The act under which HaZen says To-
peka should be governed allows the pO-
lice commissioners to appoint mar
shall and one patrOlman for every 800
inha bitantS and that is ALL The jailers
and patrol drivers and other officers
must be taken from that number.
There are now 26 policemen employed
excepting the chief Of police and under
Judge Hazen's decision this number
must be reduced to u The sergeants
now receive SIS month and they can
be only patrOlnen whose pay cannot be
more than $50 per month The salary
of the JailerS, patrol driver and detec-
tiVes is now the same as those of the
regular patrOlmen so they are not af-
fected. But hereafter they must ap-
pear on the rolls as patrOlmen and the
commissioners viii have to dispose of
five or six regular patrOlnen-
W. r. Hazen, VINO is attorney for Mr..
Mitchell. said that he would at once
take the case to the supreme court.
This means that there viii be no final
decision before April or May and mean
while the city council viii probably re-
fuse to pay any salaries which are not
provided for in the law which Judge
Hazen holds is applicable to Topeka.
This will mean a saving of $3.50 a month
to the city.
If the law We're enforced absolutely to
the letter, Chief Steele must give up his
title of chief of police" and become
just a plain marshal The decision will
affect other cities besides Topeka. There
is but one city in Kansas entitled to all
these officers for which Topeka has
been paying and this is Kansas City.
Kan, which is a larger aggregation of
people but not city in the real sense
of the word, being only a suburb of
Kansas City, Mo, LeaVenWOrth and
Wichita must also dispense with part
of their police forces if this decision is
upheld.
City Attorney Bird said in discussing
the decision: This is just in line with
my contention. I have thought for q
long time that we have police depart
ment which belongs to q city of 40 600
but the question was never before rails
ed. I firmly believe that is the law and
that Judge Hazens decision will be
sustained in the supreme court"