The Providence news. (Providence [R.I.]) 1891-1906, 1900-07-24
THE NEWPORT POLICE BILL.
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Pardon s. kauli and Benjamin III. Ricn-
ards. They rely on the following points;
THAT the constitution OF the state Us
the fundamental law OF the state. In
other words IL Is that instrument which
authorizes the formation, or continuancS
of a government for state and provides
for defining, limiting and distributing its
powers.
That the question may be properly
asked what provision or power given oy
the constitution has been violated by the
passage Of this act
''If any IL must be the legislative power
which the act invades. The distribution
of powers In the constitution confers all
of the legislative power upon the general
assembly.
1T reserves nothing OF this power TO
the towns, and whatever power in iegis-
lation has been given to or Is exercised
by the town is derived from the legisla-
ture.
.If the towns do not derive their power
10 elect officers or even TO exist at all
from the legislature, whence are these
powers derived?"
Gen. Wilson made the oral argument
for the constftutionality of the act and
urged that the general assembly. which
had the right TO create by charter the
city OF Newport. had the right to say
how the police there should be gov
erned.
He showed how police boards almost
identical were established in other states.
and the laws establishing the commits
sions or boards were held constitutional.
A PERTINENT QUESTION.
Judge Tillnghast asked II the legisla-
ture had repealed the charter of NNf-
port and given this board full control.
n H.. <lt half mol
an act would be constitutional.
Gen. Wilson said all the act did was
TO control the police and licenses and the
board was given merely ministerial pow
er.
Chief Justice Stiness said the act was
more. 1t gave Legislative powers TO the
commissioners and judicial powers.
These objections might hot be pertinent
now. his honor said, as the cases was be-
fore the court OH quo warranto and the
act might he constitutional In part.
Judge Tillinghast in asking a question.
said he regretted to interrupt Gen. Wilson
but had been led thereto by wonder at
what was left to the city.
Gen. Wilson then told OF the demand
! made on the judiciary committee by the
best citizens of Newport for the passage
| OF this act. There was moral condi-
| ton of affairs i'm Newport that demanded
relief.
These remarks led counsel on the other
| side to ask IL the case was not being
| heard on demurrer and Gen. Wilson To
! reply that "thc court had been told that
| Newport had no chance TO vote on this
| change but the best citizens had been
| heard on it,
Col. William T.. Sheffield made the clos
| ing argument for the commissioners.
| He maintained the other side were ar
| guing that the created was greater than
| the creator.
The argument OF Col. Sheffield was fin
| shed about I 80 o'clock. In his argu-
| ment Col Sheffield poke strongly of the
| moral benefit the acp would he to New
| port. and he undertook to criticise the
| other side for putting Newport to ex-
| pcnses in testing the constitutionelity OF
| the act.
| IN his latter effort he was brought up
| sharply by Arnold Green. who said Cen
| Wilson had agreed there would be no oh
| lection made to the manner I'm which the
| case was brought before tho court
The case was held for adviscment
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