The Providence news. (Providence [R.I.]) 1891-1906, 1899-05-13
In it Claim is Made That Measure is
Unconstitutional ---ReaSOnS on
Which Claim is Based.

This analysis of the bill is given that
the criticisms hereinafter made on its
provisions may be the more clearly un-
derstood. In some OF the states the
constitution requires that the object
of every act shall be plainly stated in
its title. Were this the case i'm this
state, this act should be entitled:
'An act TO establish board OF police
and license commissioners for the city
of Providence, with power TO transact
the business of the city with inquisi-
torial powers over the citizens thereof,
to which are added certain legislative
powers to make laws and ordinances
also conferred upon said board
After going into the historical part
of the bill and quoting a mass of judi
cial decision. the brief closes with the
following summary:
The act i'm question is unconstitution-
al because the histeey of the state
shows that the four original towns and
all towns afterwards founded, pos
sessed and exercised i'm the fullest de-
gree and in degree fuller than any
where else was exercised the right to
local government; the state has
moulded and directed the exercise of
this right and has passed laws explain
ing and sanctioning IL at the request
of the citizens of tS:se various towns and
cities: said towns still exercise this
right: they have never parted with
their control over the police and other
local matters within their respective
limits; the state has specifically recog-
nized. enlarged and explained this right
and other rights 10 self government in
the town, afterwards the city of Provi-
dence at the request and With the ap-
proval OF its citizens: and therefore il
cannot without their request and
against the protest OF the constituted
authorities of said city. take away
these rights nor authorize the governor
TO appoint board OF police and license
commissioners for the city of Provi-
dence.
The act in question is also unconstitu-
tional because IL takes away the right
of said city to local self government in
numerous particulars over many mat
ters that do not relate to the police and
which the state has always admitted
by its legislation to be within the power
of the said city exclusively subjecting
the citizens thereof TO petty inqusi-
torial details of regulation and control
beneath the dignity of the state and en-
tirely local in nature and character.
Even I'm states where the courts have
upheld the power of the state to appoint
police officers i'm municipalities, not one
has upheld legislation such as is here
proposed.
The act is also unconstitutional be-
cause IL limits membership I'm said
board to appointment from the two
principal political parties. thereby pre-
scrbing a test for political office and
excluding all not within the test which
is incompatible with the principles of
freedom upon which this state was
-fUunded ana ever has been governed.
The act is also unconstitutional be-
cause. against the protest OF the conA
stituted authorities of the city of Prov
idenCe. II appropriates the money and
property thereof acquired by ii In the
exercise OF it's power Ia tax its inhabi.
tants and their property. for purposes
over which the state has no right OF
control.
The act is also unconstitutional be-
cause II confers legislative powers over
the city OF Providence upon a board
OF police and license commissioners
which is not elected by the voters OF
said city. and which i'm no sense consti@
tutes a legislative body. The General
Assembly can delegate its legislative
powers only 10 representative Of the
people. and not in the manner provided
I'm said act.
You ought To- drink bartholomew Lager.
'Ts simply delicious. Absolutely pure.
runS CHIMES RNO Tel I--Q