The Providence news. (Providence [R.I.]) 1891-1906, 1899-05-15


Solicitor Colwell with the clerk of the
committee on judiciary of tile House of
Representatives, on the subject of the
constitutionalty of the proposed bill TO
create police commission for the city
OF Providence, has, without any delay,
called for an answer from Representa-
tive John II. Blodgett. of Providence.
a member of the judiciary committee.
Mr.. Blodgett, who has done all the
real hard work on the bill now pending
has given the subject great deal OF
very careful study. anu the result or
his researches is that he has found a
mass of opinions in which both state
and United States Supreme Courts have
declared that the legislatures and state
officials have the right TO appoint oil-
GERS for the control of municipalities.
The opinion given by the United
States Supreme Court in the case OF
Barnes VS.. District of Columbia, 81, u.
s. Rep, p. 554. is of nature TO carry
conviction, and its wording Is so plain
that even the lay mad can follow II
without trouble. The opinion is as
follows:
"A municipal corporation liz the ex-
ercise OF all its duties, including those
most strictly local or INTERNAL is but
a department of the state. The legis-
lature may give IL all the powers such
a being is capable Of receiving, max
ing il "A miniature state within its local
ity. Again. il may strip IL OF every
power, leaving IL corporation I'm name
only; aud IL may create and recreate
these changes az often as IL pedSes, or
il may itself exercise directly WITHIN
the locality any or all the powers usu-
ally committed TO a municipality.
Nor can IL in principle be OF the silght-
est consequence by what means these
several officers are placed In their posi-
tion, whether they are elected by the
people OF the municipality or appointed
by a governor The Whole mu-
nicipal authority emanates, from the
legislature. The legislative charter In
dicates its extent and regulates the dis
tribution of its powers as well as the
manner of selecting and compensating
its agents The mayor OF
city may be elected by the people or he
may be appointed by the governor, with
the consent of the senate, but the
slightest reflection Will show that the
powers of this officer. his position as the
chief agent and representative OF the
city, are the same under either moae
OF appointment. III Is equally
unimportant from what source he re-
ceives compensation or whether ne
serves Without II.
There is something more from the
United States supreme court on the
same subject and equally emphatic. II
is taken from the case CT the Metropo-
Titan Railroad company VS.. District OF
Columbia 152 ~. S. Rep, p. s, 1889, ana
in II the court afiirms the doctrine set
forth in the opinion above In this lam
guage:
I'VE do not suppose that II is neces-
sary TO a municipal government or 10
municipal responsibility that the oih-
GERS should be elected by the people.
Local self-goyernment Is undoubtedly
desirable when there aEe-not 11rtlpie
reasons against its exercise. But II is
not required by any insxorable prin-
ciple.
''All municipal governments are but
agencies OF the superior power OF the
state government, by which tney are
constituted, aud are invested with only
such subordinate powers of local legis-
lation and control as the superior legls-
lature sees fitfto confer upon them. The
form OF those agencies and the mode OF
appointing officials TO execute them are
matters OF legislative discretion. Com
missioners are not inirequently APP
pointed by the legislature or executive
OF state for the administration ot mu-
nicipal affairs or some portion tnefeoI,
some times temporarily some times per-
manently. Ii may be demanded by mo-
tiyes OF expediency or the exigencies of
the situation. hy the boldness of corrup-
ton, the absence of public order ana se-
cGrity for the Necessary ol n,kh vNetd-
tive ability in dealing with particular
populations. Protection OF life ana
property are enjoyed perhaps in greater
degree than thty coua D. ln ga d dses
under elective magistrates: and is pre-
served in the legislative representation
of the state on general governments
AS for opinions OF state supreme
courts there are those IN plenty ihe
constitutionallty OF an act creating
board OF police commissioners for the
city of New York appointed by the gov
ernor OF that state and payable by the
city Was sustained IN 1857 Ia People VS..
Darper. is, New York, y. 5ff, and again
sus aired in 1857 as 10 the city of Al
bany In the case of People VS.. Shepard,
81. New York, y. 2S6.
The city OF Baltimore. as Is well
known, has had since 1850 police COM
mlssioners appointed by state author
ity. The consututionahty OF this act
was sustained in Mayor VI. Police COM
mlssioneIs ~ Baltimore. lb Maryland.
p. $40. In st. Louis commissioners have
been appointed nv the governor since
1861 and the constltutlonality OF this
act was sustained Ia the case OF state
VS.. County Court of ST. Louis County.
81 Missouri. y. 561. The constitutional
ity OF the appointment OF police COM
missioncrs fer Boston and Fall River
has been sustained by the Massachu-