The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-08-07

oiHey, anu Dy those other attorneys who
have been employed to tie the hands of
tnls police board, that the only power
OF removal possessed by the board is
tnar embodieds In chapter 8, page 81, Of
the charter.
Section 1. Any member of said police
force who shall be guilty of misconduct
or breach of duty sshalI be liable to be
punished by said board by reprinand or
py temporary SUSPENSION without pay,
not 70 exceed one month, or by E-le not
20 exceed one months salary, or ~ re-
service.
''The meaning and intent of this provi-
sion are as clear as those of the other
provisions which have cited. The board
mas not only the power of removal. in
aus discretion, for the good of the SER
vice. and without a hearing, but 1t Is
also given the power. which it would
not otherwise have. of infltcting punish
ment less than removal for misconduct
or preach OF duty, after hearing, and
after complying with the requirements
of the section
mere are many cases where a mere
removal would not carry out the inten-
tion OF the legislature ard would not con-
duce to the good of the police depart
ment- II member of the force should
De guilty of positive misconduct or breach
OF duty TO serious extent, he should
De tried. for the purpose of holding him
UP as an example to the other members
OF the police force He should then be
removed, or if the board in its Judgment
does not desire to proceed that far, he
should be fined or reduced in rank. If
the position OF the assistant corpora
ton attorney is correct, the above sec
tlon includes all the power Of the board
on the question of removals. They are
compelled to admit, if their position is
correct, that there is no other section in
the charter, and no principle Of law, ex-
cept the quoted words, which would
govern the power of the board. But, gen
tlemen, reflect for a moment upon the
conclusion to which this claim would
lead. The board would have no power
to remove except where members of the
department are guilty of misconduct or
breach of duty These words imply
positive wilful act of wrongdoing, con-
nected with the police service, commit
ted by a member of the department
Suppose that the present board should
ind dozen members Of the police de-
partment SO physically and mentally in
capacitated, through no fault of their
own, as to be unable to perform police
duty. This is not misconduct, 1t is not
breach Of duty. Under the construction
contended for by the assistant corpora
ton attorney, those men have life lease
of office and must@be paid full salaries
until they comrnit=a positive, willful act
of WrGngdoing. The very statement of
the position shows its absurdity."
Chairman Warner, of the committee,
here interrupted Mr. LAWYER and said
that such men could be removed for in
efficiency. -
Mr.. LAWYER pointed out again that ply
steal and mental disability was neither
misconduct nor breach of duty, and was
certainly something that nobody could
be punished for.
He concluded by saying to the commit
tee that the board of police commission
ers intended to accept fully the respon-
sibility Of their position, and that the ac-
ton of the cofnmoIl council with regard
to the approval Or non-approval of the
pay rolls for June and July was a mat
ter Of Indifference to the board.
Mr.. Griggs resumed the discussion by
sta ting that he regretted that the board
Of police commissioners had not seen fit
to ask the legal department for an opin-
ion on these questions.
Mr.. Lawler told him, with considerable
emphasis, that he had called at the cor
poration attorneys office early in the
forenoon, that he was informed that the
corporation attorney was out of town,
and that none of the numerous staff Of
assistants could be discovered In or
around the building. He told Mr. Griggs
that if he would take the precaution of
leaving in the office somebody besides q
clerk, the public business might be ex-
pedited.
Mr.. Griggs. in closing, said that with
regard to the power of removal, the po-
lice board had the same power that the
board of fire commissioners possessed,
and could therefore remove only for
cause. -
Mr.. Lawler refuted this by calling the
attention of the committee to the ex-
act language Of the clause governing the
power of the fire board to remove, and
showed that that board was specifically
limited to removals for cause. Mr.. Griggs
finally admitted that it was his personal
opinion that the position of the police
board, with regard to the approval of pay
rolls, was correct. This admission seemed
to astonish the Republican members of
the committee, and they were assured by
Mr.. LAWYER that If Mr.. GrIggs would give
time and attention to a study Of the
charter, he would also concede the posi-
ton of the police board in the matter of
removals
Oscar Hailam, representing the dis
charged policemen, said: when the good
people of the city of St. Paul adopted
the charter, more than anything else, it
was with the understanding and under
the impression that the police force
could not be disturbed
President Haas-Has the police depart
ment been SO well conducted the past
four or five years that the people voted
for the charters to keep these men in for
life? II vE
A general laugh went round.
At this point. as no one seemed inclined
to, offer an argument, Mr.. Lawler and
President Haas begged to be excused.
Chairman Warner-What effect would it
have if we passed the pay roll?
Attorney Griggs-All have been acting
under the presumption that the council
had the exclusive power to order the pay
ment Of the pay roll up to this noon. Ev-
cry one assumed that the police commits
sion would present the pay roll to the
city council The $1S5, 900 set aside by the
council for expenses of the police de-
partment was not done with the idea that
any one else would have the money at
their disposal and we did not suppose
that it would be considered as the budget
for the coming year. The legal way out
of the predicament is for the council to
appropriate the remaining balance of the
$dS5, 900 to the use of the police commits
sion. Our department has not sent YOU
an opinion actuated by any political pres
sure. This department. will not act against
the interest of any city department
do not know, do not care to know the
political influences which bore on the
drafters of that section or any section
of the new charter, but it was undoubted-
ly their intention to make the present
force permanent. AS long as an officer
was efficient 1t was intended that that
qualification should be the seal Of his
g