Evening star., 1897-03-29
The Court Sustains the Board Of
Commissioners.
GENERAL SATISFACTION Is EXPRESSED
Settlement of Question That Ex-
cited Much Feeling.
VARIOUS LOCAL HAPPENINGS
Evening Star Bureau,
No. $40 King Street,
Bell Telephone No. 10S.


ALEXANDRIA, Va, March %, 1907.
1.-THE commissioners win. Judge Keith
decides that the board of police commits
sionsrs have entire control of the police
force. Sergeant Smith and Officer Fergus
son will receive salary for the period of
suspension" was the bulletin read by thou
sands Of people in front Of The Evening
Star bureau yesterday. and hundreds OF
people congratulated The Star for having
| ventilated the entire matter to the extent
of arousing the people against "one-man
rule"
| 1t will be remembered by readers of The
| Star that the controversy between the
police commissioners and the mayor erose
| over the suspension Of Sergeant Smith and
officer Ferguson shortly after these Off
| GERS had made a successful raid against
the policy shops and had the promoters
| behind the bara.
| At the next regular meeting Of the police
| commissioners the mayor failed to report
| the fact Of suspension to the board until
| after MS attention mad been called to 1t.
| The commissioners decided TO investigate
| the case of the officers. but the mayor de-
| MED them the right to take any action in
| the matter that would reverse his de-
| c:sion. but with this the commissioners did
not agree Then they locked horns and
| went at it. The commissioners ordered
| Chief Webster to restore the men to duty
| but on the advice Of the corporation at
| torney the order was not carried out. Both
| sides secured counsel. and Judge James
Keith. president of the supreme court Of
| appeals Of Virginia. was asked to act as
| arbitrator in the matter AMI consented to
do SO. Wednesday last Mr.. A. w. Arm
| strong and Col. Francis l.. Smith. repre-
| sentng the commissioners and Mr.. Sami
| G. Brent and Col. Louis c. Barley. repre-
| senting the mayor, went to Richmond to
| argue the case before Judge Keith. and he
| reserved his decision.
| The Full Decision.
1t is learned, on most reliable authority,
| that as soon as the attorneys submitted
the case that Judge Keith gave 1t to the
entire supreme court bench for their views
in the matter and they concurred with
him in the following, which is the decision
| in full:
| between the mayor and the board of police
| commissioners of the city Of Alexandra
as to their respective powers and duties
| under the charter of said city and they
having agreed to submit certain questions
to me to be considered and decided al
arbitrator. and the matters of law and
fact having been fully argued before mt
at former day, l now make the follow.
ing award:
'aThe questions to be determined are as
follows:
officer by the mayor for period not ex
ceedng thirty days. is such suspension
operative and valid during the whole pc
riod. or does it only continue in force unit
such board of police commissioners con
venes and takes action in the matter? II
the event that said board does convene
and take action, has it or not tn. right Il
review the action of the mayor in respec
to such suspension? And if it should de
| eide that such suspension was not war
ranted, would its order be operative from
its date only or would it supersede thu
mayors action in suspendng said officer?
80. Can the board of police commission
ers, under the authority referred to, re
move policeman suspended by him? Ii
other words, does the power to remove in
| clude the lesser power of suspension?
| ''3. In the event Of the suspension of
police officer by the mayor, is it or not hi
duty to report the fact of such suspen
sion to the board of police commissioners
"The answer to the first question pro
pounded depends upon the construction O
the act approved March 1S. 1894. amending
section 81 Of the char:e: OF the city o
Alexandria. By that act the board of po
lice commissioners, created and organize
under sections 35 and sc of the charter
were authorized to select from the eiector
of the city of Alexandra chief and lieu
tenant of police, and to elect such numbe
/ of policemen as may be authorized by tn
city council, and to fill any vacancy tina
might thereafter occur in the police force
Il Powers of Council.
'It is provided that the police force thu
constituted shall hold thei.' respective pc
! sitions during good behavior, until the
t | may be severally removed by the sal
i board for cause, after such inyestigatio
|. as the board may deem necessary. 1t wi
! | thus be seen that the number of the polio
!, | force is to be determined by the city cour
| Gil; the persons composing II are to b
| selected by the board of police commission
I | ers. who are clothed with the power
:. | removal for cause. With respect to thes
provisions. there is no difference Of op:r