The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-08-07
CLAIMS Full control
POLICE COMMISSION RESPECTFULLY
PRESENTS IT'S COMPLIMENTS
TO THE COUNCIL
HAAS AND LAWLER APPEARED
And Made a Plain Declaration as to
the Powers Claimed by the
Commission Under the
New Charter.

day afternoon, resulted in finally snow
ing the position of the board Of police
commissioners, with reference to the pow
err of the common council over the pay
rolls Of the police department, and dis
closed, also, the position Of the police
board on the question of removals.
When the committee was called to or
der, President Haas, of the police board
stated that he and Commissioner LAWYER
had been requested by the board to APP
pear before the committee merely as
matter of courtesy. and in response to the
invitation which the committee had CIV
en-. He said the board claimed that the
common council had no jurisdiction what
ever over the pay roll Of the police de-
partment and that its power over the
police fund, as prescribed by the charter
was simply to appropriate the aggregate
amount to be expended by the police
board in any given year.
After Mr.. Haas had concluded, long
opinion prepared by Assistant Corporation
Attorney Griggs was read, which held in
substance, that the common council
should approve the pay roll Of the board.
and that the board had no power of re-
movaI except for cause, and after hear
ing.
Commissioner Lawler stated fully and in
detail the position of the board of police
commissioners with regard to the legal
question above referred to, and also with
regard to the policy which the new board
INTENDS to put in force. His statement
was in substance as follows:
1--WE appear here today at the request
of the board of police commissioners en-.
tirely as a matter of courtesy to THIS
committee and to the common council.
can demonstrate to any court, and to any
fair minded and intelligent lawyer, that
the common council has nothing whatever
to do with the pay roll Of the police de-
partment. Under the new charter 1t has
no more power to disapproVe or to APP
prove the pay roll of the police depart
ment than it has over the pay roll of the
national guard of Minnesota or the regu-
lar army of the United States. The only
power which the council has in this re-
gard is to appropriate the aggregate
amount to be expended by the police boarI
during the fiscal year The words of the
new charter are as follows:
Paragraph of section. chapter 8,
page 80:
5. To fix the compensation of all mem
bers of said department, except the chlef
Of police, and otherwise to manage and
control its receipts and disbursements and
expenditures In furtheraEce of the e1fl-
cient and econ omica1 administration or
said department. Provided, however, that
the expenses of said police department
shall not in any fiscal year exceed the
amount of money appropriated and set
apart therefor by the common council or
said city; and said common council shall
by ordinance and within the limitations
of this charter have the power to INK, IS
one item, the aggregate amount of n s,-ey
to be expended in any fiscal year fer the
wages and salaries of all memiAzSa; OF
said police department, other ths&a the
chief of police; but it shall have no power
to increase the same or to fix the com
penSation or wages to be paid to any
particular member or class Of members
of said police department, the said ponce
board in these respects having exclusive
control
Under this provision of the charter the
police board are held responsible for the
expenditure of the police appropriation,
and the common council has no super
Yisory power in this matter any more
than it has over certain other boards
connected with the city government.
Chairman Warner here inquired to what
boards Mr.. Lawler referred.
He answered, ''The water board and
several Others.
Mr.. Lawler explained that the only rea-
son that the pay rolls for June and July
had been sent to the council for approval
was because the comptroller had sent
them there The board was not able to
anticipate the decision or the supreme
court establishing the validity of the
charter, and for the sake of making no
mistake, in the event of the charter being
held invalid, was willing that the council
should take action. The decision Of the
court, however, made such action unnec-
essary. Mr.. LAWYER stated that while
he was on his feet, he would give the
council and the public full information
as to the position of the board of police
commissioners relative to removals and
relative to the policy which it intended to
adopt. He cited the opinion of the SUI
preme court in the GetcheH case, which
plainly laid down the law giving the
board the power, within its discretion,
to remove the members of the present
police department. Section 6, page SIS, Of
the charter is as follows:
Section 6. All officers, employees and
members of the police force and de-
partment of said city of st. Paul, at the
time when this charter becomes effec-
tive shall continue to hold their several
offices until removed by the said board:
and all orders, rules and regulations APP
plicable to said police force and depart
ment and in force at said time shall con-
tinue in force until otherwise provided
by said board.
He continued:
Under this section, the board has the
same power Of removing members of the
department which any employer, in the
absence of a special contract to the con-
trary, has over an employee 1t is a prfn-
ciple of law, taught in the elementary
text books. and which even the veriest
law student would be ashamed to be ig
norant of, that in the matter of public
office the appointing power has also the
power of removal, unless that power has
been taken away or limited by legislative
enactment"
He challenged the assistant corporation
attorney to point out word or line in
the charter which limited, or narrowed.
the power of removal He told the COM
mittee, in very plain and emphatic Ian
guage, that the police chapter of the
new charter was drawn by Republicans.
and that it was a matter of common
knowledge on the streets and in political
circles before the election that the new
police board was to have the fullest power
and was to be held to the fullest respon-
sibility for its actions. He said that the
only mistake made by the Republican poIZ
iticians who tried to nullify the charter.
and who are now trying to tie the hands
Of the police board, was in not being
able to predict the verdict which the peo-
pie pronounced on election day.
He continued: 1.-THE trouble is not with
the charter, but in the fact that five
Democrats have been appointed on the
police board, and that they are endeayor-
ing honestly and conscientiously TO give
the people of st. Paul an efficient police
administration. Gentlemen of the com
mittee. we intend to enforce the letter and
the spirit of the charter. We intend to re-