The times., 1897-03-29
Judge Keith SuStainS the Action
of the Police Commissioners.
THEY SUPERSEDE THE MAYOR
Decision Handed Down in the MG-
nicipal Authority Casa Shoot
ing Scrape on a River Boat-The
Contents of Musket Discharged
Into "a Negroes Head.

involving the right OF the board Of police
commissioners to reinstate a police officer
suspended by the mayor. The question was
brought about when Mayor Thompson sus-
pended for period OF thirty days, for al
legged INSTRUMENTATION Sefgt Smith and
p oil ceman + Ferguson
The question was finally submitted to
j udge James Keith, of the supreme court
OF the State, who had consented to act as
arbitrator. He heard argument by Cor
poration Attorney Brent and Col. L. {.
Borley, representing the mayor, and Col
+. l.. Smith and Mr.. A W Armstrong,
for the majority of the board The follow
ingis the opinion, Wi ch was received here
today:
The questions to be determined are as
follows
Il In the event of the suspension of an
officer by the mayor for period not eX-
ceeding thirty days. is such suspension
operative and valid during the whole period
or does it only continue in force until such
board OF police commissioners convene and
take action in the matter? In the event
that said board does convene and take
action has il or not the right TO review
the action Of the ma yor in respect TO such
SUSPENSION and fit should decide that such
suspension was not warranted. would its
order he operative from its date only, or
would IL sUpersede the mayors action
in suspending said officer?
20 Can the board Of police commission
ers. under the authority conferred 10 re
move a policeman, suspend him; i'll other
words does the power to remove include
the lesser power Of suspension?
81 In the event of the suspension Of
police officer hy the mayor, is 1t or not
his duty 10 report the fact OF such sus-
pension to the board of police commission
ers?
The answer t6 the first question pro-
pounded depends upon the construction Of
the act approved March ] .. 1854, amend
ing section 81 OF the charter Of the city Of
Alcxanclria By that act the board Of police
commissioners created and organized un-
der sections 80 and 3G Of the charter, were
authorized to select from the electors II
the city of Alexandria a chief and ieuten-
ant OF police and 10 elect suCH number Of
policemen as may be authorized by thccity
council, and to fill any vacancy thar might
thereafter occur in the police force. 1t is
provided that the police force thus Consti-
tuted shall hold their respective positions
during good behavior or until they may be
severalIy removed by the said board for
cause. after such investigation as the board
NAV deem necessary. 1t Will thus be seen
that the number of the police fOrceis to be
determined by the city council, the persons
compoSingit are to be selected blythe board
of police commissioners who are clothed
with the power Of removal for cause. With
respect to these provisions there is no diff
ference of opinion. The controversy arises
over the following language.
3. The mayor of the city of Alexandria
shall have the power and authority to sus-
pend the chief lieutenant, or any policeman
fer misconduct i'll office for a period not
TO exceed thirty days, or until such board
shall convene aud take action in the
matter.
The contention of the mayor is, that
this cOnfcrs upon him the power to Sus-
pend. absolutely, for period not to eX-
ceed thirty days; that the power thus con
feTred when exercised by him, is a judg-
mCnt rendered against the offending officer
or policeman for the misconduct in office
with which he is charged; tn at ii is not
subject to the review of the board OF police
commIssi oners, and that the words OF
until such board shall convene and take
action in the matter does not constitute
a limitation upon his power OF suspension
for thirty days, or confer upon the board
of police commissioners any authority to
review his judgment, hut is to be con-
strucd as vesting in him the power Of
suspension in the alternative either for a
period not to exceed thirty days, or until
the board shall convene and take action.
In this view / am unable u concur. The
language seems to me plainly and clearly
to limit his power to suspend IN any case
to thirty DAYS, and & he use Of the phase or
until such board shall convene and take
action in the matter was not intended to
confer upon the mayor power to suspend
until the board should convene as an alter
native to his power to suspend for a period
not to exceed thirty days, but is TO lie
interpreted as imposing limitation upon
the duration of the suspension which the
mayor was authorized to impose; in other
words, his power to suspend could, in no
case exceed thirty days, and If at the end
of thirty days no other action had been
taken, the suspended officer or policeman
would return to duty. If, in the meantime.
the board of police commissioners should
convene and take action in the matter, ii
would be their province to inquire into the
guilt or innocence of the suspended officer
or policeman. If, upon investigation, ne
was found not guilty, he would be ac-
quilted, and this Judgment of acquittal
or nn
penalties incurred by the suspension. The
object Of the law was to render he police
department as efficient s possible. The
board of police commissioners, not being in
continuous session, its attention would
not be called to instances of misconduct
on the part Of the police force; while the
mayor who is the executive head of the
city, and specially charged with the eXecU-
ton of it's laws and the preservation OF
order, and who is also chairman OF the
board of police commissioners, is In q
position to be promptly advised of any
dereliction of duty upon the part of any
one connected with the government ol
tie city He is therefore clothed with the
duty and authority to take the initial step
ininvestigating in any actual or supposed mis-
conduct upon the part of any member oi
the police force.
Il am of the opinion, therefore, that
while the mayor has an unduubted right
to suspend for period notexceeding thirty
days, such suspension is operative only un-
til the board Of police commissioners con
venes and takes action in the matter: that
the board SO convened has the right to
review the action Of the mayor with re-
-.
decide thatit was not warranted, its judg-
ment would wholly superSede the action
therefore taken by the mayor in nsuspendinl