The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1899-06-09


same are hereby allowed and the Recorder be
and Is hereby instructed to draw orders on
the city treasurer in payment Of same
A. Bolanecr, chief OF police ........ 7Oco
O. Granberg, pntrolman ... . 60 90
Chas. +. Fay, recorder ...!............ 600
III. g. Palmer, attorney ....... .... Is 90
Il. Is. Brown, health of>ccr, quarter
ending June OBSERVATION-DISCLOSURES. so 90
IL. +. Smith, fire chief ana teamstc- -. 60 90
Patrick Sullivan, street commissioner IS 90
Passed on motion Of alderman St. Cyr by the
following vote:
Ayes-Aldermcn ChjStenden, G.. johnson.
f. l.. Johnson, Donneliy, St. Cyr, Smith, Mr..
President-7.
Nays-none
Approved June LIST, 1869.
NJ. c. Palmer, Mayor.
Attest: Chas. E. Fay, Recorder.
The following bills read and referred to tho
Finance Committee:
Virginia Light & Water company. May
Ilght ..................... ........ 100 90
| T. Schipley, services asfre chief. 70
Following communication from the MAYOR
| accepted as read:
| To the President and Common Council of the
City of Virginia:
Gentlemen:
Section 1861 OF our city charter provides that
all ordinances and resolutions shall, before
| they take efrect, be presented to the mayor
and ii he approves thereof he shall sign it.
! same; and such as re shall not sign he shall
return to the council with his objections
| thereto, ut their next meeting thereafte
At your regular meeting held at the coun-
Gil chamber May 18th. 1892 the following reso-
| luton was passed by your honorable body:
Resolved by the Common Council OF the
! City of Virginia that on and after June Isl,
1888. the police force be not allowed to leave
the city while on duty, 80 that they be in the
| city at any and all times in readiness to do
| their duty when called upon to serve papers
or to render any aid all other official ser
| vices"
| Sections 1890 and 1868 Of our city charter,
relative to tho police force reads as follows:
! The mayor Shall take care that the laws OF
. the state and the ordinances of the city are
| duly enforced. ~ He shall be the chief cx-
! ecutive officer and head Of the police force of
the city and shall appoint police officers who
! shall possess the powers Of consta bles at COM
| mon law. or by the laws CT this state; end it
Shall be :;leir duty to execute and serve all
warrants, process, commitments, and all
wits WI atSOever criminal or civil and thew
! shall have authority to pursue and arrest any
| person fleeing from justice in any part OF the
state"
This law clearly indicates that the mayor
shall not only have charge of the police force
| but it S hall be subject to his orders. l do not
wish to be understood that the mayor only
| can give instructions to police officers, for
| without doubt the council has the right to i'll
struct ~lice officers as to their duties and to
prescri De rules and regulations in regard
! thereto, in any manner authorized by the
charter, nor can there be any doubt but that
the resolution referred to i: clearly In conflict
| with lat portion of the charter which ha We
called to your attention, and therefore could
not he enforced: 80
Our supreme court has repeatedly held that
! where as the common council in the passing
| CT ord manccS and resolutions goes beyond
the authority gra ntcd the city in its charter,
such ordinances and resolutions are void be-
cause they are in excess OF the power vested
| in the city cou'fcn.
! Inovhere find in the city charter any ex.
! press u implied authority granting tue coun-
| Gil power to pass the resolution unucr dis
cussit q, aud III my judgment, even if the
! council had this authority it would be very
daugt rouS and unsafe rulo to establish TO,
| various reasons, some Of which 1 will hero
| mention: -
SUP pose that just across the Duluth Il Nc
saba railroad track. just outside the city
limits. there should occur u general fight o,
riot and our police officers were called upon
to Gueal the dstarba nee. with this resolution
in force they would have 10 right to cross the
! track and they would be powericss to render
any assistance whatever.
| Suppose again, that the chief Of police was
called Upon to 90 outside the city to make an
arrest in an urgent case, or to assist in the
saving orlife or property, no could not do so
| for he could not leave the city for any Dur.
pose.
Or suppose the officer was pursuing an cs.
Gaping prisoner. The officer could only fol.
| low him: to the city line and no farther, sc
| gentlemen you see that emergencies may at
any time arise when 1T will be necessary for a
police officer to leave the city, even while or
duty.
do not believe, however, that they should
| be ali cwed to go out of the city while on duty
only III cases of pressing necessity and in the
line of their duty, and in determining whe,
1t Is necessary for an officer to leave the city
in the performance Of official duty, 1 think
the law contempates that it is to be left tt
| the mayor and chief Of police and also per.
haps TO any member of the council who may
at any time have occasion to send an officer
out of the city on official business.
| You will see that By the provisions Of the
cha rter the mayor becomes part OF the po-
lice: force, and as he is supposed to be on duty
! at all times under this resolution he would
be prohibited from leaving the city during
| his torn of Office. Now while in some cases
and under certain circumsta noes it might be
we'll enough to hem the mayor in for IL year
or So. yet think that under the present ad-
min list ration, unlees'a change should be made
setU!L 1lI on. moI.4
| 'Iuuanor IoMoL eQl uoI i
in tie Office Of mayor, it would be perfectly
safe to let the bars down and extend the lin
its.
| Ihave given this subject very careful ex-
amin atou:.Nnd am firmly persuaded that
this resolution is proibitory to such an ex-
tent that it is not only repugnant to the pro-
visions of the city charter, but is in conflict
with article one Of the Constitution OF this
state, it being rather in restraint than in reg
ulation There Being no provision in the res
olution giving the mayo: or anyone else the
| authority to permit an officer, while on duty,
to leave tac city Tor any purpose whatsoever.
! have not the least doubt but that this res
olution was passed by the council with good
intentions, but ii the hurry and rush Of bust
ness was not fully considered. and believing
that tho matter should receive a more careful
considera tion Mt your hands return the res
olution to you without my approval, trusting
that upon reflection you will agree with me
hat tho foregoing objections are we'll taken,
and that you will sustain the views herein ex-