Evening star., 1897-03-29

ion. The controversy arises over the fol-
lowing language: soM
e The mayor OF the ity of Alexandria
shall have % the power.and authority to ,;;u sus
man for misconduct IN office for a period
not to exceed thirty days. or until such
board shall convened and take action in
the matter 81
THE contention of the mayor is that this
confers upon him the power to suspend
absolutely for period NOT 10 exceed thirty
days: that the power thus conferred. when
exercised by him, is & Judgment rendered
against the offending officer or policeman
for the misconduct in office with which he
is charged: that it Isl hot subject to the
review of the board Of police commission
ers, and that the words or until such
board shall convene Snd take action in the
matter do not constitute a limitation
upon his power of suspension for thirty
days. or confer upon ,f'e board OF ponce
commissioners any authority to review his
Judgment but are to be construed as vest
ing in him the power of suspension IN the
alternative either for period not to ex.
ceed thirty days or until the board snail
convene and take action.
Commissioners May Acquft.
"In this view am unable to concur. The
language seems to me PLAINLY anu Clearly
to limit his power to suspend in any case to
thirty days, and the use of the phrase or
,ntil s,1cb hoard shall convene and take ac-
tion in thu. 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 Iof Pc
riod not to exceed thirty days, but is TO be
interpreted as imposing a limitation upon
the duration of the suspension which the
mayor was authorized to impose: in other
words. his power to suspend couia IA NJ
case exceed thirty days. and If at the END
Of thirty days other action had oeen
taken the suspended officer or policeman
would return to duty. IT, in the meantime.
convene and take action in the matter, 1t
would be their province to inquire into the
guilt or innocence of the suspended oHicef
or policeman. If upon investigation he was
found not guilty, he would be acquitted.
ard this judgment of acquittal would re-
lieve him of all the pains and penalties In
Cured by the suspension The OBJECT OF
the law was to render the police depart
ment as efficient possible. The board OF
police commissioners not being in continu
session. Its attention would not De call
ed to instances of misconduct on the part
of the police force, while the mayor, who
is the executive head of the city and spe-
cially charged with the execution of its
laws and the preservation of order. and
who is also eX-officio chairman of the board
Of police commissioners. is in a position to
be promptly advised of any dereliction of
duty upon the part of any one connected
with the government Of the city. He is,
therefore, clothed with the duty and au-
thorty to take the initial step in investi-
upon the part of any member of the police
force.
Not His Specific Duty to Report.
'I am of opinion, therefore, that while
the mayor has an undoubted right to sus-
pend for period not exceeding thirty days,
such suspension is operative only until the
board of police commissioners convenes and
takes action in the matter: that the board
so convened mas the right to review the
action of the mayor with respect to such
suspension, and If It should decide that it
was not warranted, its judgment would
wholly supersede the action therefor taken
| by the mayor in suspendng such officer.
I'm reply to the second interrogatory
am of the opinion that the power conferred
Upon the board of police commissioners to
remove policeman does not include the
power Of Suspension If
I'm response to the third question l am
of the opinion. |. h&ye already stated
substantially in reply to ,fie first interroga-
| tory. that the object efythe legislature in
granting the charters and in distributing
| the powers and duties among the officials
| therein provided for, was to secure the
| efficient administration OF. the affairs of the
| city, and especially to promote the peace
| and order of that community. This result
| can best be attained, indeed can only be
| achieved in a satisfactory manner, by the
hearty cooperation OF the various agencies
| which the state hascreated, and while
have been unable to find any provision il
1
| duty resting upon the mayor to report tn,
| fact to the board of police commissioners il
| the event of his finding it necessary to sus
| pend & member of the police force, 1 hav,
no hesitation in saying that to do so woult
| be within the scope Of his general duty t,
| see that the laws are faithfully executed
| and with that object in view to act in con
cert with the other officials of the city,
General Satisfaction.
The decision was forecasted exclusivel,
In The Star as soon 1t was agreed t.
| submit the matter to Judge Keith, and tn
! outcome gives general satisfaction, as tn
| people now know who to look to for tn
| proper conduct of their police affairs, an,
they feel confident that the police commits
| s1oners who are now in power will Civ
ample satisfaction.
1t Is believed now that as the police com
| missionerS know just exactly where the
stand that they will in a short while re
organize the entire force and put il on
strict disciplinary basis. 1t will be weede
OF all those disturbing elements that hav
been so apparent, and. IN fact. caused tn
greater part of the recent imbroglio.
The refusal of Chief Webster to carr
| out the order Of the commissioners to pu
Sergeant Smith and Officer Furgusson O
duty will hardly be brought up again, a
the captain did not defy the commissioner
as the mayor did, but took the advice c
what he thought wise in the matter
1t is settled fact. however, that the petit
jealousies existing have got to stop at one,
as the commissioners propose to have han
mony If they have to remove every Office
on the force and appoint new men.
The people are with the commissioner
, and will do all in their power to hold u
their hands.
The Star has been complimented by
| large number Of the most prominent bus
4 nj hn oifr for ha ofrr1f 60,