The times. [volume] (Richmond, Va.) 1890-1903, 1897-03-25

Judge Keith To Arbi,raie Betwee" t"s
Mayor aud Police Board Of Alexandra.

Judge Keith to Arbitraie Between the
Mayor aud Police Board of AleSandria.
Atll o'clock yesterday morning the hear
ing took place before Judge Keith Of the
Supreme Court of Appeals In the con-
troversy between the Mayor and BOARD
OF Police Commissioners OF the city o.
Alexandria. he having been requested TO
act as arbitrator in the matter. Mr.. A:
W. Armstrong argued the case on behau
OF the police commissioners, while MI.
Samuel @. Brent. the corporation counsel.
looked after the interests OF the Mayor.
The conference, which was Of strict
~ private nature. lasted for iully Two
hours. and Mr. Brent when seen on the
subject afterwards, stated that nasmucn
as the matter was OF public nature.
Judge Keith had agreed "a act as arhi-
traitor and would render his decision In
few days.
The questions presented for the con-
sheraton OF Judge Keith arose under
certain acts OF the General Assembly
amending the charter OF the city Of Alex
andra and involving the management
and control OF the police department os
that city. Prior 70 the acts OF lS1-N tho
police department was under the control
and management Of the city Council.
The policemen were elected by that
body every two years and by an act
passed in 1892 the Mayor was authorized
to suspend or remove any police oiicer
for misconduct in Office or neglect OF
duty. and In the event Of the removal OK
any police officer he was directed 10 conf
municate the facts with his reasons 10
the CITY Council without delay. that the
vacancy might be filled. But in the event
OF the suspension Of police officer he
was not required 10 make any such re-
port During the session OF l>93-H the
charter Of the city was 80 amended as 10
establish police board for the govern
ment and management Of the police
force.
In the argument before Judge Keith yes
terday morning his Honors attentiod was
called 10 the charter Of the cities OF
Lynchburg and Norfolk which author
ize tho Mayor OF each city TO suspend any
policeman from Office until the Board
OF Commissioners shall convene and take
action in the matter.
The authority vested I'm the Mayor OF
the city OF Alexandria is therefore DIFF
ferent from that OF the Mayors or tho
other two cities named. and counsel for
the MAYOR contcndod that II the leeisla-
ture had deemed It proper 10 take away
from the Mayor OF the city OF Alexandra
the power OF suspension vested I'm him
bv the act OF 1912. until the police
board had convened and taken action IN
the matter It would have said so I'm clear
and distinctive terms as II did IN the
charter OF Lynchburg and Norfolk. An
intent 20 change an existing law should
fully appear and statutes should not be
so construed as 10 interfere with rights
previously granted by the Legislature.
until the intent 70 do so. was clear.
Il IS claimed by counsel for the MAYOR
that the section OF the act which Judge
Keith is asked 10 coustrue invests but
one power. that of removal. I'm the board
Of police commissioners. while the power
Of suspension Is exclusively vested I'm the
Mayor. who Is the chairman OF the board
and has charge Of the police force Tor tho
preservation OF peace. the enforcement OK
the laws and the good order or the city.
II the Mayor could suspend for one day
and then have his act Of suspension re-
viewed by the board his authority would
amount 10 nothing His action however.
is authorized by the Legislature ana
therefore cannot be reviewed BY the
board Of police commissioners.