Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-09-21
Opinion Submitted by Ex-
Solicitor Welsh.
Solicitor Esgate Doesn't Know
s"Where He Is At"

s"Where He Is At.
Ex-Solcitor J. v. Welsh has submit
ted the following opinion to City Clerk
Isbell concerning the ordinances to
permit the people to elect their Chief
of Police:
City Clerk Chas. n. Isbell,
City.
Sir:-In answer to your request
submit the following: BY our special
government act, section 1545-26S.
The officers of the city OF Akron shall
consist of q Mayor, Marshal, n City
Solicitor, City Treasurer, all of which
officers shall be chosen by the electors;
and four City Commissioners, who
shall be chosen by the Mayor and Pro-
bate Judge. And the Council may,
when in its opinion expedient, create
by ordinance the Office of Chief of
Police, but when such office Is created
it shall be filled by appointment by
the Board of City Commissioners, and
the Council, may, when it deems II
|
Office of City Marshal.
| 1t will be observed that 1t is left
optional with the Council of the City
of Akron, to abolish the office of City
Marshall and create in its place the
office of Chief Of Police. This is a
feature Of local self-governmentt that u
left optional with the City Council.
| ntt oY.t with
can retain it. The option is left with
the Council to say whether they shall
rely upon the electors of the city to
select the Chief of Police or whether
they shall vest that authority in the
Board of Commissioners and indirectly
in the Probate Judge, who is not an
officer of the city of Akron, and holds
his office by virtue of the votes Of 9th
er than the electors of the city. The
Council heretofore by ordinance Gre
ated the office Of Chief Of Police, they
thought it expedient to take this priv
l ilage. from the people and deposit 1t
I with the Board of Commissioners.
The question now is: Have they the
authority to retrace their steps? Dill
lens Municipal Corporation, section
314-4th addition says: "The power to
make includes the power to repeal
without reference to the people of the
municipality. The repeal cannot oper-
ate retrospectively to impair private
rights vested under it." This means,
that where third parties do not become
interested, as in the case Of the grant
ing of franchises, or certain privi-
lagos where third parties are invited
to act and invest their money and
property, the Council is free to repeal
any ordinance which they have the
power to pass in the first instance.
This principal Of Municipal law is
fundamental and the authorities are
abundant.
Subdivision 2SS of the Special Gov
ernment Act for Akron, says: All
provisions of the statutes of this State
in force when this act takes effect
which conflict with any provisions Of
this act, shall be held to be super
ceded by the latter as to the matter
of Inconsistency and not otherwise.
The creation of the Office of Marshal
in the place Of the Office OF Chief or
Police and the duties OF the office Of
Marshal as laid down in the Mpnici-
PAL Code are consistent with ous Spe-
cial Government Act, and in no way
conflicts with any of its essential fea-
lures.
Section 1707 of the Municipal Code
by general provisions provided for Of
fees of the cities of the second class,
third grade, and it provides that the
. provisions as to Marshal shall be sub
iect to the provisions contained IN the
fourth subdivision Of chapter 5 of the
fifth division OF title II.
From an examination of the said
fourth subdivision it will be found
that it is in no way applicable in the
CITY of Akron. The Office of Marshal
: in our city is governed by the pro-
t visions laid down in chapter 3, division
D 8. title II of the Revised Statutes,
commencing with section 1S47, except
as modified by subdivision 275 of
Special Government Act.
If the Council abolish the
office of Chief of Police, the
occupant of the Office as
an officer ceases to exist, and the
police force is left without a head;
but the statutes makes provisions I'M
der section 1713 for vacancies of this
kind. Said section 1913 says unless
otherwise provided for in this title,
when an office filled by the electors OF
the corporation becomes vacant the
Mayor, with the advice and consent
of the Council, shall fill the vacancy
until next annual municipal election,
The Council has full control over the
Office of Marshal. They are the legis.
lative body. Their Judgment in the
matter is supreme. The Legislature
when it passed our Special Govern
ment Act took away from the people
of Akron, in great measure, the
privilege of local self-goyernment
but left it to the Council to say wheth'
er they should elect the Marshal by
popular vote, or whether they would
grant the power of the appointment ia
the Board of Commissioners. The
Counoi1 haratofora by ordinance grant