Daily press. [volume] (Newport News, Va.) 1896-current, 1898-01-26
HIS HANDS ARE TIED
Mayor w. A. Post Replies to
Z. T. Jones' Petition.
ARE STATE OFFICIALS
Police Commissioners Arc Not Auswerable
t" His ENceliency and Therefore He
Cannot Order an Inpestiga-
ton. Jones' Next Step.

was dismissed, from the police force
| without being given q hearing, yest5T-
| day received q reply from Mayor w. "A
toSt. to whom he presented petition
asking that his eXceiency take action in
| inc matter and if necessary order an in
vestsa ton. But Mayor Post holGs tina t
the police commissioners are State off
| GERS ard his hands are therefore lied as
! he IS ptr~erless to regulate their acts.
The letter from his Sxceliency, to, ex-Of-
| hcen JOINS is as follows:
| 'sir. 4. II. Jones
Dear S.r:-In order TO deal intelH-
gently with your petition, asking that
would investigate the ats of the polo,
commissioners in their conduct of the
affairs OF the i partment. have asked
the cGinmonWealt5'S attorney the fol-
| lowing questions:
First. Are the police commissioners
city Officers or are they state officers?
S1tonH. If thry are State Officers
have any right to investigate their acts
as police Board?
hird. II they are city officers ard |
nave the right to investigate their acts
please aivise, me as to the lgg..1 course
t" pursue in conducting the investigu-
ton?
TO my letter the commonwealth's at
torney has just replied thut the pul.c,-
commissioners are STATE Officers ana
that l have no authority to INVESTIGATE
;heir dcings. He cited decisions of the
SnpiSme court, upon which his opinion
is based. To my mind there can he IL"
doubt tins, police board is ame uub.e to
some authority and the law provi2&es th 9
manner in which proceedings against
State officers may, be taken Your
counsel can, IF course, best advise you
in this matter.
With graf respect. your obedient
servant,
wv. a. POST. Mayor"
Following is TIE written opinion of
CONFERENCE.-The Attorney j. *. New
ION to the mayor:
HIN. Walter \. Post, City
Dean Str:-ln your letter Of the 18th
inst. in-whr-t you seek my advice as to
your power in tbs matter of the petition
OF Mr. Il. j. Jones for an investisa ton
of the acts Of the board of police c on
misslonecs cf this rl,y, you ask me the
'aniirwinS questions:
First. Are The police commissioners
city officers or State ollic rs?
Second. LII They ars State Officers
sh.aNe the right to investigate their acts
as u police 'b..i ~?
/ Third. If they are city officers and
IA V'., She iss.ht to inyestiga te islease adj
wise me as to the lesaa course TO pursue
IN regard TO the question at issue.
Mt is unnece ssnry for me to answer
your third question. be aus. in, my
opinion, the police ccNmmiSs. onerS are
not city Officers. ! will therefore an
sWer your first and Seconr. Questions
1t was decided by GU court of APP
peals in Eurch VS.. Hardwtck that TIN
section of our State Constitution which
canfers upon mayors the power TO hives
tiSate and TO remove certain officers
does not empower the mayor IF "a city
TO remove a policeman a distinction
between city or municipal officers and
State officers was made. The power
conferred Wy this section was held to
Apply to city OF municipal Officers, but
not TO State officers. A poll man. was
held 70 be a State officer ana, in deter
mining whether he was or not the court
attEr citing Il number OF authorities,
used tbs following language:
" The distinction recognized in all of
them Is batween' officers whose .'nties
are exclusively, of local natur5 and off
GERS urspoinr,d Tor : parti. ular locality.
but yet whose GMties are OF 4 public CT
general nature. Wen they are Of the
Latter character tncy are Stat officers.
whether the legislature makes the APP
pointment or delegates its authority TO
the municipality. TIL, State as pJ-
litical society. is interested in the sup
preston of crime and in the preserva-
ton of peace and good order and in pro-
tecting the right of T, rsons and proper
tV. No duty is more general and ali
FServ.as;ing than this. j extends alike
to towns and cities as to the country
The instrumertality by which these OH
jects are. fferted. however appointed. by
whatever L,in2 called. are agencies of
the State a"d not Of the municipairy
for which they are .ss2g>ontsfi or elect,i;L'
The rue the by which this question
is to be determined is not how the Off
celis a9pt,inted. but what ars, his duties.
If bis duties concern the State at large
or the general pu!Nic he is a State off
GER and if they relate exclusively to the
particular municipality he is a city or
municipal officer I take it that the
board of police commissioners are un-
douotedly State off ers. which are cre--
It'd by statute to manage and control
the police depa@tmv mt ST the city, per-
form duties that concern the general
,pu,4'ic as much as the policeman who. in
the p 'rformance of his duty. is under
It's rnanagf ment and CONTROL The palise
commissioners of tnis city are und, tlbt-
>sdly State Officers. In u Michigan case
cited in Rnrclr VS.. Hariwick the court
said tn. board of police commissioners
IS clearly an agency OF the state govern
ment ard not OF the municipality Tee
noli@e commissioners being State Off
GERS has the mayor authority anti rower
- investigate the acts of the boarV? In
my opinion h has not The mayor ha
only such power as are eXslrS ss4y or BY
necessary implira ton conferred on him
by the chez Ter of this city or the con-
stitut.e.n or general law of this StatT
1 ne case eiu'oNC Cilep mas decided tEat
the constitution refers to municipal Of
ficers only and / FAN 10 find any suc!,
grant of power in be general laws of
our tStat5 as must be vested in the muy-
or in order for him to act. Therefore. if
/ the power exists a all, It mus be by
virtue of our charter. I believe that ta
section Of our charter which g:v<s to the
mayor the power to Investigate ani re-
move goes no further ;han does cur
State constitution: its language is al
most exact!y the same anl It's pain anG
nanIf ST intent is that 4. shall apply to
municipal CT city officers. However,
you have under it the right TO investi-
gate the acts of and to remove any ma
nicfpai or city officer. such, for example.
as the city auditor, city engineer, street
commissioner, city clerk and all thos$
whose funt tons and nc:ties are ex>slu-
5ively local.
Yours truly,
QSigned) y. K. NJ. NEWTON.
Com. Atty
Attorney 4. NJ. Lett, counsel for Mr..
Jones, when sen by reporter for the
Daily Press, said that he had not read
Ci2amonweaGths Attorney Newton's
| opinion and did not care to say anything