Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-02-08
OLD FIRE AND POLICE LAW.
Asks Tor Passage OF - mn Allowing
cities Of the firrt class Co scn-
troll the pIrc Department.

AZ last nights meeting OF the Guy
Council the committee on municipal
laws submitted memorial TO the Leg
islaturc to pass bill authorizing cities
OF 1900 or more inhabitants to con-
troll their own Gre and police depart
mcnta. The report was adopted unani-
mounly. The memorial IN as follows.
Mcmofinllzlng the Legislature u the
State of Utah to pass senate lilll No. -
blouse nlll No. , entitled. - Dill for
an net authorizing citiea ~ 1900 or
morn inhabitants to create a police de-
I pnftmcnt and IRE department. main
/ lain and control the same. and trnns-
/ fcrring the property Of the present po-
lice and frc departments IN said cities
over and 10 the mayor ana city council
/ Or said cities respectively. and repeal
Ing chapter ixxili. Laws Of Utah, 1896.
| entitled, An act providing for the ap-
pointmont and duties ot the board ~
/ police ana iirc commissioners In cities
/ m 1900 and moro Inhabitants and 10
| place the police and IRE departments %
said citlrr upon "a nun-pnrtiHun basis,
| and defining the duties ~ officers aud
members Of raid departments. and
nbnllahlng all officer created under said
act"
| To the Honorable Senate and House OF
Representatives oil the State OF
Utah.
Gcntiomen-Yo Your memorlaiists. the
| Mayor and city Council 81 Salt Lake
/ city. Utah. respectfully represent;
That by an act ~ the Legislature In
l 1898. the police ana nrc departments OF
| cities OF i20O0 aud morr inhabitants
l were removed from the control uf the
| mayors and city councils ~ said cities
I and placed under the direction OF
board of police and hrc commissioners.
D -
understood. was In maintain the police
and nrr departments ~ said cities In
/ dependent ~ political or partisan con-
1 troll. liy the provision ~ said act, the
members 81 said police ana firu depart
| mentn holding Office at the time the law
went Into effect. were continued In N.
fee and were only subject To- removal
after public TRIAL and conviction On
duly preferred charges.
The practical operation Of the
law proved 20 be most unratls.
factory. Dlscord ana turmoil
arose among the officers ana men.
expensive ana vexatiouA litigation fol-
| lowing,
The city authorities cndcayoring In
the interest OF economy To reduce the
number OF policemen and iircmcn,
| found themselves powcrlcHs to do NJ.
rs tho discharged men invariably
sought the courts for reinstatement to
their positions and aa invariably OBJ
taincd the desired relief. Neither the
board OF commissioners nor the mu-
niclpai authorities had the power 20
| appoint a single special policeman In
case OF emergency. and NO general was
the Dissatisfaction that the Legislature
! of 1896 repealed the law and enacted a
new one IN Its stead.
The law ~ 1896 was framed ON the
same general plan as It's predecessor
| aud was Intended 20 remedy ltH defects.
/ N hUtkaN0r did not "a FNmtHN for
the dlHcord which existed In the de-
partmcnts. aud the city corporation
continued to be Involved In expensive
| litigation.
The practical operation of the law Of
| 1896 proved equally aH unsatisfactory
na that VI the original law. The Leg
ialhturc Of 1891 discussed several meas
urca Intended 90 bring about the de-
sired relief. but ala not take definite
action ON any of them, The Legislature,
however failed to incorporate any of
the provisions Of the old laws IN the
memorlhllsts that both the old meas
urca became obsolete when the Revised
Statutes went into effect on January
lat. 1855.
Your momoriailsin believing that the
power 10 create and control the police
and IRE departments was again vest
ed In the Mayor and city Council OF
Salt Lake city, and acting under adj
vice from the city attorney, provided by
ordinance FOR the organization OF said
departments ana fixed the salaries Of
| the officers and employees. Officers and
members OF said departments were duly
appointed and entered upon the dis
| charge " their duties. Certain OF the
former employees failing of rc-appoint-
mcnt began legal proeoodingn Tor re-
instntement. claiming that their tenure
~ Office when appointed was for life on
Il fsNWHlllAn fTnU1 hnhNklnfs
that their salaries could not be
changed during their tenure of oflcc.
In the judicial proceedings which fol-
lowed the ease was decided IN favor OF
the plalntlnA and asllnti the city.
Tho police and fire commission urer.
| solved, your mOmoriaiala un March
/ int 1895, BY ordinance reduced the
number OF polioemcn as matter of
economy.
Tho persons discharged, ON January
liat. 1889, pctltinned your memoraillats
/ Tor Reinstatement claiming certain
rights and privileges unaer the law OF
/ iAgG, aud threatening thut unless their
/ petition was granted mud thsir fnlnrles
paid from time N diHuiasHL hoy would
instltut. legal proceeding.
Your mcmpHalists believe that tho
removal of the police AMI nro depart
incnta from the control of the munici-
| pal authorities has proven a serious
rnistak, ana that this city has suncr-
ed thereby. Tile city has never been
free from litigation arising therofrom.
| Harmonious action hna been lacking
We therefore believe that the intercsts
Of tho people VIII be best rnbfervcd
By permitting tho municipal authorities
To exercise the same supervision oVoi
the police and ilre departments as over
other departments Of tho city govern
| mont
Your memorlallsta attach and mako
q part 90 this memorial a statement
showing legal proceedings Instituted
and growing out ~ the laws OF 1898 ANA
1896, also opinion ~ the city attorney
on the present status ~ said depart
mcnu, aud a COPY or decision OF Su-
premr Court u the state ~ Utah IN
case Of Everin vs. Swan. auditor or Salt
Lake city
Your mcmorlailsts therefore pray
your honorable body 10 enact into law
Senate bill No. -, blouse bill No. -.
| believing that therein win be found the
relief 10 desirable 10 this municipality,
And your fuemuflullsta will ever prny