The record-union., 1898-12-19
THE POLICE DEPARTMENT.


than a clerk and subordinate Of the
Mayor. This has led, ever since the
adoption of the new Charter, to fric-
tion concerning the Police Department.
1t is said that there is such friction
now, namely, that there is effort upon
the part of the city's executive to di-
rect detail of matters in the Police De-
partment; to prescribe who shall serve
In this or that capacity, what officers
shall be assigned to this or that beat,
or special duty, ETC.
If this is correct report, we shall as
sumo that the Mayor is sincerely con-
WINGED that he is the head of the Police
Department, and that the Chief of Po-
lice is merely his subordinate who is TO
carry out such details in his depart
ment as the Mayor may prescribe or
permit. For 1t is not conceivable that
the Mayor would willfully attempt to
usurp the functions of another's office.
As a matter of fact the Chief of Po-
lice is created an officer for the express
purpose of being the head Of the Po-
lice Department. controlling, command
ing and directing it's detail and its pol
icy. But this is to be done under
the general supervision of the Mayor,
precisely as he has supervision over
all departments Of the city gov
ernment. But he has no more
power to prescribe what the beats
of the police officers shall be. or which
one shall do particular duty, or to set
up code of regulations for the depart
ment opposed to those of the Chief, than
he would to direct how firemen should
handle hose or pipe men direct streams
at a cont1agration, regardless of the
wishes and commands of the Chief En-
gineer, who alone is responsible in such
case.
But the Mayor has precisely the same
general supervision over the Fire De-
partment that he has over the Police
Department and no more. Section 1873
of the Charter reads: 1.-The Mayor shall
exercise general supervision over the
Fire Department, and see that officers
and members discharge their duties,"
etc. But no one has ever ventured to
assume that the Mayor is thereby en-
powered to direct the detail of man
agement at fires. or the care of appa-
ratus, or the system of turning out"
etc
Section 124 of the Charter reads that
THE Chief of Police shall have COM
mand and control of the police force,
subject to the general supervision of
the Mayor" etc. The article then pro-
ceeds to state in numerous sections
what the duties of the Chief of Police
are. He may suspend officers and re-
port them to the Mayor; he is to en-
force the laws and ordinances and sup
press riots, and his lawful orders are
to be obeyed by officers of the depart
ment. He is to keep a public office.
which is to be open day and night.
From the force chosen for him by the
Trustees and Mayor, he is to appoint
the Sergeants and designate the court
bailiffs.
Nowhere in the Charter is there a
word or line to indicate that the Mayor
has power to meddle with the details
of police duty. The Charter makers
would. have been absurd to have so pro-
vided. for such provision would render
the Chief of Police powerless. His Of
fIRplsG
and look to the Mayor for orders to the
contrary, if they disliked those of the
Chief
The law is to be given its plain and
obvious meaning as expressed in words
to be taken in their ordinary accepta-
ton. When the law says the Mayor
is to have general supervision" of the
Police Department it means just what
it is intended when il says over and
again that he is to have general super
vision Of all departments and all city
officers, the educational and health de-
partments alone appearing to be ex-
sion giving him power to inspect the
books of all departments of the CITY
government, and to see to it that all
public officers execute their duties and
obligations faithfully.
But clearly the Chief of Police is to
command and control his force pre-
cisely as Section 124 prescribes. But
such command and control are sub
ject to general, not the specific super
vision of details, by the Mayor. Clearly
it was never intended and it is not the
law, that the Mayor may map out the
detail work Of police officers, fix beats
and assign men to them, detail some
men to one duty and some to another
Nor indeed was It ever contemplated
that the Mayor should even suggest
such detail, since TO do so at once in
PRODUCES a demoralizing element into
the department and paralyzes the head
of it for efficient service.
Precisely as the "Record-Union" said
concerning that Red Cross woman who
told such fearful tales about the in
human treatment Of American soldiers
in Manila hospitals, she turns out to