The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1900-02-19
THEY ARE IN.
81 Policemen Who Were
Turned Out.
A Biddeiord Case Decided by the Law
Court.
Powers of Board of Po-
lice Commissioners.
Biddeford Rum Sellers Must
Now Look Out.

A law court decision OF general inter-
cat. and Of special interest to the city Of
b iddeford, was handed down Saturday.
IL revokss the action of the Biddsford pc.
lios board In removing from TIE polics
force. . year sgo INST fall. 81 officers.
All Of those removed were only special
officers, ana as specials receive pay only
when actually employei, the question
decided by the full tenoh Is not one Of
damages, The suit against the police
board was brought by Leonard Andrews,
who petitioned the court to quash the
order Of the police board whereby the
plaintiff and 20 others we're dismissed
from the pollos force.
Abe case first came up in the Supreme
court In York county. and was sent up
to the full bench on questions OF law.
Andrews cl.imed that under the special
statute creating the poles beard, the
eommi ssiopers had no right TO dismiss
officers from the force without cause, and
without n hearing.
The police com issionsrs' defense was
that Andrews was dismissed under rule
SO, of ths boards rules. which provide s
that In oass they consider ths force in
effective on account OF the numbsr of
officers, they may remove regular. re-
served or special officers without prsiu-
aics.
The Law court decide In the petition
er's favor. and orders the writ petitloned
for to b. issned. The resofipt In the
case IL as failnws;
York, So
Lscnard Andrews, petitioner for writ
Of osrtiorAri Va. Police Board OF Bidds-
ford.
Resoript. Haskell, J.-Petition for
eartiorar. to quash the order OF the Board
Of Police In the city of Biddeford, dism is-
sing the plaintiff and twenty-s Other S
| from the police force.
| The act of 1888, o. G25, established a
hoard Of polioe in Blddeford, with Eau :
thorlty to appoint. establish and organize
the police forcs OF said city, Including
remove the same for napse and make all
nsedful rules and regulations for Its gov
ernmsnt. control and efficiency" 1t
gave the board the same power for gov
erniug the polics then vested In the city
government, except rs provided by the
aos. IL continued In ssrvice the existing
police forcs until removed by the hoard
OF police. IL prohibited the appointment
Of more than the city government might
then appoint. except thereafter wards au
thcrIzed by the ''city."
In abort, the existing police force was
continu ned In service under the control OF
the board Of police, which might remove
| for cause, and appoint not exoesd ing the
number authorized by the city govern
ment. TIE manifest nurpose of the act
was to create roljoe force, not subject
tn change from the result of recurring
elections, but With tenure TO be- out
short oriy for cause. That means causa
! o Il Getting the Individual to bs removed
It Goes not mean GAUSS applicable TO the
| force In gtofs or collectively. It doss not
mean that the force may be discharged
| BY wholesale because they may not be
sgreeabls to the board II commissioners
Indeed. this view was taken by the
| Iozrd when 10 organized, for Il ordained
| rule Al: ''Irials Of police oftleers shall
be held at fuch times Us nav lie ordered
by the board Of police. NJ tlce of the
| time and place Of tha trial, together with
. COPY OF the charges and Specifications
| shall he served 90 the accused party at
least two days before the time OF trial,
1 Including the day CT service etc.
| Again, by rule Ss, any member OF the
fcroe might be disciplined or dismissed
for any one OF twenty-thrse ofienses
spe olfies lly nsmsd
Ills agreed that this Petitioner was
duly appointed and qualified as police
offieeI July g. less. That on September
n, Isqs. the toard adopted rule 30;
Whenever the board Of police consider
the yolios force iusffse tive on account Of
It's numb q police oifioeTs-pgulsr,
reserved or special, may DO removed for
the following cause, via. to make more
effective tie police foros as the heard Of
polios consider proper therefoF--no offense
being charged against sush police officers,
ans the same may be done whenever said
tosrd Of polioe consider the above named
osuss exists with no personal discredit Of
offloeia rsDoyed uron order Of said
! board "
Thereaftsrwards on the sane day that
role 80 was adopted the board OF polioe
oFdersd, Upon due consideration and
Investigation the board OF police consider
that 10 make the police force Of Biddsford
more effective, which esid board consider
nsoeFsary and proper that the following
| named men, whoss names appear uTon
the records Of said beard ~ officers. be
and herehy ara removed by virtue Of rule
| CO Of this board. and this Is the order
| OF said toArd viz. Leonard Andrews'
and twenty -slx o'hsrs WHOSE names Ap-
pear in tie record OF the board Of police.
| The pToeeeding WIS without charge
against any memh. Of this police force or
notice 70 any oEs OF the policemen re-
moved.
RnIs s6 was in violation Of the statute
| oTeating the board NJ polioe hnd their
| action under 10 was the Attempted sx.
srclss OF power not conferred ~ Y and
therefore void. 1he tosrd IVES Only nu-
thorlzsd 70 remove for cause. and such re-
moval 10 n judicial Get, % be raads only
upon notice end hearing. State w. Don
oran. 50 Aia. 4gs; Andrews W. king, -
Me. 2l4. Witt 20 isfue.
While Mr.. Andrews does not expect Pc
ouniary bsnent TO aoarue from his rein
statement en- tbs police fierce, Wil givs
him authority 20 ssFEs warrants plseed
In his hands, an authority thai he Il
said 10 have recently EXPRESSED . dssi-s
fer. IN order that be might maks war