Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-03-25
WITH JUDGE KEITH.
THE ALEXANDRIA POLICE CONTRO-
vERsY LAID BEFORE HIN.
HOW The NATTER COMES UP.
Conflict of Authority between the
Mayor and Board of Police Conn
missioners About Reinstatement of
Suspended Ofscers.
suspended Officers.


on for some time, between the Mayor
and the Board Of Police Commissioners
OF the city OF Alexandria. and which has
been the subject Of consldera bic interest
and anxiety in that city, has been laid be-
fore Judge James Keith, President OF
the Supreme Court Of Appeals. for deci-
sion. The question involved IS the right
Of the board to reinstate police Of
fieer suspended by the Mayor
The controversy grew out Of the sus-
pension by Mayor Thompson for thirty
days each Of Sergeant Smith and Police
man Ferguson. on the ground that these
officers had held in their pockets n let
ter containing certain information which
should have gone to the Mayor or the
Chief Of Police. The board met shortly
after this. and ordered the reinstatement
of the suspended officers.
Chief-of-Police Webster. however. re-
fused to reinstate the Sergeant and Of
ficer Ferguson without authority to do
so from the Mayor, and CorporaJion-At-
torney Samuel G.. Brent upheld the &C.
lion Of the Mayor, and gave a written
construction Of the law bearing upon the
subject
SUBMITTED TO JUDGE KEITH
The contending factions finally got to-
gether and agreed that Judge Keith,
President Of the Court of Appeals. should
be requested to act as arbitrator in the
case, and, the question involved being a
pubic one, Judge Keith agreed to do
this.
Accordingly, Corporation Attorney
Brent, representing the Mayor, and Mr.
A. w. Armstrong. as counsel for the
Police Board. arrived here yesterday, and
appeared before the Judge. in chambers.
The conference which ensued was purely
private, but the AleXandrians spent two
hours arguing their contentious before
the Supreme Courts President. The
questions OF difference arose in the con-
struction Of certain acts of the General
Assembly, amending the charter Of the
city of Alexandria, and involving the
management and control Of the Police
Department Of that city.
Prior 10 the acts OF 1924 the police
department was under tho 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 officer for
misconduct in office or neglect OF duty
and in the event of the removal Of any
police officer. he was directed 10 COM
municate the facts with his reasons to
the City Council without delay. that ths
vacancy might be filed. But in the
event Of the suspension OF n police Off
Ger he was not required TO make any
such report During the session Of 1894
the charter Of the city was so amended
as TO establish a police board for the
government and management Of the po-
lice force.
GROUNDS or CONTENTION.
In the argument before Judge Keith
his Honor's attention was called 10 the
charter of the cities Of Lynchburg and
Norfolk, which authorize the Mayor Of
each city 20 suspend any policeman from
Office "untn the Board of Commissioners
shall convene and take action in the
matter" 1t seems that the board relies
largely upon this point; but the other
side looks at II somewhat differently.
The authority vested i'm the Mayor OF
the city Of Alexandra, it is contended, is
different from that of the Mayors Of the
other two cities named, and counsel for
the Mayor urged that If ths L6gisla-
ture had deemed It proper 10 take away
from the Mayor OF the city Of Alexandria
the power of suspension vested in him
by the act or 1881 ", uhli the 1Oilce
Board had convened and taken action In
the matter Il would have said so in clear
and distinctive terms rs II did in the
charter OF Lynchburg and Norfolk An
intent to change an existing Law should
fully appear and statutes should not be
so construed as 20 interfere with rights
previously granted by the Legislature
until the intent to do so was clear.
1t is claimed by counsel for the Mayor
that the section of the act which Judge
Keith is asked to construe invests bot
one power-that of remOval-in the Board
of Police Commissioners while the power
Of suspension is exclusively vested In the
Mayor. who is tho chairman Of the board
and has charge Of the police force for the
preservation OF peace. the enforcement OF
II % tIl.. al