Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-04-09

with several members OF the gambling ira
ternity for the purpose of ascertaining their
sentiments in regard to the appointments of
| chief and inspector. In one resort four of
| these individuals were discussing the stu
alton from the gamblers point of view.
| Said one of the quartette:
| 1.-THE board played h appointing that
- Pinkerton - TO be
| chief of police. But there's one consolation
| and that is he can't do us as long as we've
| got Johnny Hayes in there as chief of de-
| tectives. Hayes won't stand for it." All
| agreed to this.
1t is well understood that the thieves
| pickpockets and gamblers, through their
| rake-off political agents. brought about the
appointment of Hayes through Mr.. Scarritt,
| who has always been en- good terms with
| the outfit. When the commissioners were
| first appointed this outfit boasted that
| Brother" Scarritt would work all right.
| They detailed Joe Shannon to put Gregory
| in line. He went at the work and made
| mess of it. After trying to bunco Gregory
with promises of mayor and all that sort of
| thing it suddenly happened that the COM
| missioner concluded to bring about the ap-
| pointment of Vallins. He hung to this saw
| agely and "de gang" roared at Shannon for
| his bad work. Then the appeal to the pub
| lie against Nallins was made, but still Greg
| ory hung on for Vallins.
Mr.. Scarritt, in obedience to ''de gang"
tried his hand at Gregory, but that also
| failed. Gregory was also opposed to Hayes.
| The Hayes recommendations Were not of
| the kind he would consider good If looking
| for a man to hold a responsible position in
| his business establishment. and hence he
was not for Hayes. But Scarritt not being
nh NnIli do fha
| Gregory that Gregory should concede him
| inspector In this light Mr. Gregory con-
cluded that he could afford to be RESPONSE
BILE for Vallins if Scarritt could stand for
| Hayes and thus it ended.
Now, it happens that the combination of
| thieves. gamblers. confidence men and po-
| litical breadwinners propose through Hayes
| to run over the town and make it warm for
Vallins. Their harroom boasts that Greg
| ory and Nallins are not lin it, with Scar
| ritt and Hayes will cause many to take an
interest in watching who will really
dominate. 1t will be very easy to tell who
| is in charge. and Mr.. Vallins' experience
with thieves will probably serve him well in
finding out whether or not he is being
thwarted by the combination that has ar
ranged TO make monkey of him.
II has been suggested that Chief Vallins
will have on hand. as "a member of the
duty it shall he to detect the detectives.
This sort of an arrangement might make
things very unpleasant for the ik. and the
business Of plundering the, good, citizens
might be made more or less hazardous. and
returns would not be so great or satisfac-
tory.
Chief of Police Thomas n. Nallins and
Inspector of Detectives John Hayes We're
commissioned yesterday. They then took
possession of their respective offices. spe-
at l o'clock yesterday afternoon for the
purpose of swearing in the new chief and
issuing to him his commission. Mayor Jones
and the two commissioners We're present.
Tie mayor announced that he had received
AN opinion from City Counselor III. G. Nc
Doueal in which it was held that Mr. Val
Inns was not eligible to appointment as chief
of police because of the fact that he was
not a citizen of the state OF Missouri and a
qualified voter of Kansas City. After sub
mitting this opinion to Commissioners Scar
Titt and ih, GreEory m the maypr sald N that ne
antagonistic in the work of reform. He was
anxious to aid in every way possible in SO
be thoroughly efficient. But. believing that
Mr.. Ealins was not legally qualified for the
office of chief of police he felt compelled ;e @ to
tho office. He could not see his way clear
to sign Mr.. Nallins commission. and would
therefore withdraw from the meeting. The
mayor then handed to Commissioner Scar
ritt copy of the opinion of Judge Nc
Dougal and left the room. The opinion is
as follows:
Mr.. Thomas n. vallins. who has been a
resident and citizen of this city since Janu-
airy last only. having been appointed chief
of police by the votes of two of the MEM
bers of the board of police commissioners.
on yesterday you ask my opinion, first.
to his eligibility and. second, as to your
duty respecting the signing of his commits
Answering as to his eligibility, have to
saw that section II of article VIII of the
constitution of this state provides that NO
office in this state, civil or military who is
not citizen of the United States. and who
shall not have resided IN TINS state one
year next preceding his election or appoint
ment.
Following this provision of the consttu-
ton. section 81 of article XVII of the city
charter provides that mo person shall he
elected or appointed to any office in the
city who is not qualified voter of said
States or of the state of Missouri. and has
not lived in the city one year next preced-
ing his election or appointment t while sse
to the police department.. provides that
The members of the police force appoint
ed by the police commissioners under this
charter are hereby declared to be officers
of Kansas City.
Inasmuch as Mr.. Vallins is mot a quail
fed voter of said city and has not
lived in the city one year next preceding
his election or appointment" and as the
chief of police. by the express terms of
section 20. supra. is an officer of Kansas
City. it is clear that he IMT. Nallins) is
not eligible to appointment as chief of po-
lice,
As to your duty in signing the commits
sion I have this to say: The commission
is but the evidence of the appointment. The
votes of Il majority of the members of the
board of police commissioners IN making
said appointment do not oblgate yoI to
disregard the constitution and charter pro-
visions above quoted and sign the commits
sion of one not eligible to hold Office there
under. Under section Z of article Nj. of
the charter "A majority of the board shall
constitute quorum for the transaction of
business" Under this the two members
voting in favor of Mr.. Vallins could, Of
course. call a meeting at which either one
commission. and upon duly qualifying. MIR.
Vallins would thereupon become chief of
police de facto. and. as such de facto OFF,
Ger; his acts would be valid and binding.
After Mayor Jones retired. Mr. Gregory
was elected president pro tenn of the beard
by his own vote and the vote of Mr.. Scar
rift. He then swore Mr.. Sallins in AMI is
sued to him proba tionary commission for
six months as chief of polica. Mr.. Vailins
gave bond in the sum of sl0,eoV for the
faithful performance of his duties. The
bond was signed by Wiley o. COX and r.
+. Swinney. The commissioners then went
downstairs and swore in Mr.. Hayes as in
spcctor of detectives. and issued to him his
commission. He gave bond in the sum of
5000 with George ". Jones. James H.
OgIebay Daniel l.. Kelley. Joseph Lorie
and Louis J. Marks as sureties.
Nr. Vallins took charge OF the office Of