The age-herald., 1901-08-14
POLICE MUST
 LIVE IN CITY Judge Coleman Renders De- cisiOn in Davis Case POLICE BOARD TAXES ACTION Orders Members of the Force to Move Within the City Limits and Be
 Re-elected-SeveraI Come
 Under the Ruling.
POLICE BOARD TAXES ACTION

A decision was rendered yesterday by Judge Coleman in the Circuit Court de- claring that the board of police commits sloners of Birmingham could not employ nonresident officers on the local force. The decision was given in proceedings in- stituted by A. H. Davis against Officer Johnson.
 A number of officers will be forced to secure other positions or move into the city of Birmingham under this decision.
 At the meeting of the board of com- missioners last night the question was discussed and a resolution passed that officers should move within the city llm- it's and secure reelection. This will be done in almost every case where a man has become ineligible.
 The first effort of Davis to oust the nonresident officers was made at the last annual election when he presented a petition to the board asking that the men be not elected. The petition was apparent ly given no consideration and with this failure quo warranto proceedings was in- stituted in Judge Coleman's court.
 Discusses the Question.
 A portion of Judge Coleman's decision follows:
 'T apprehend there can be no serious doubt that the chief of police capta n and policemen are officers of the city, charged with important duties and held to rigid responsibility as to how they ex- ercise the functions of their office In- deed. 1t has been held that the chief of nn1f fna tc dtokn tA quire little elasticity of the law to in- clude the entire body of police within this class. One of the highest functions of the State Is to suppress crime, maintain peace and good order, arrest violators of the law. All officers of subdivisions of the State and of cities duly chartered who are engaged in the like duty of suppress ing crime. upholding the law, maintain ing peace and good order may well also be classed as State officers. Before the passage of said act creating the board of commissioners 1t was admitted that the Mayor and Aldermen of Birmingham had plenary power, within the limit of its charter, of the police and police depart ment. During that period it passed an or dinance in the following terms, towit All city officers now or hereafter pro- vided for must be residents and qualified electors of the city.
 Police Commission Act.
 Tt is contended by respondents that the act creating the comuission and the act amendatory thereof took away from the Mayor and Aldermen of the city all authority over the police and police de- pertinent conferred on 1t by the charter and vested the same in the board of police commissioners. It Is admitted, however, that the said ordinance requiring resi- In hA 1ffx ac nnn a1 1arsoa af1f nf a1f fpi- bility to office was in full force and un- repealed at the time the police commits sion was created, and has never been re- pealed or set aside by the board of police commissioners. It is, however, contended by the respondent that the act creating the commission was passed subsequent to the ordinance prescribing residence in the city as a necessary qualification and gave to the commission plenary If not ab- solute and exclusive jurisdiction over .hc entire matter of police and repealed all laws and ordinances then existing or in any way connected with that department. This is broad and comprehensive claim. and in it's fullness cannot be conceded. There Is no clause In the said acts creat- ing and defining the powers of the police commission which repealed the ordinance requiring residence as the qualification to hold office, or any other action or ordi- nance QOne or passed Dy tne ddyOT Hnu Aldermen of the city under and by virtue of the power conferred by the charter. If this ordinance can be held to be repealed, 1t must be under the doctrine of repeal by implication.
 "The courts do not. however, favor re- pea1s of implication; and If by a fair and reasonable construction of a later and former act of the General Assembly the two can be reconclled and each left to operate Certainly without confict) that construction will be adopted-3rd Brickells Digest page TAO. referring to numerous decisions on this point.
 Both In Force.
 Tt seems to me full force and effect may be given to the exercise of every power conferred on the commission and at the same time the ordinance pertaining to residence allowed to stand. Much pow CT and responsibility especially liability for maintaining the police department. still rests on and Is vested in the Mayor and Alderman. These various acts of the Legislature may be reconciled and there by the city government proper and the police commission may each perform their seperate functions under the power con ferred on each by the Legislature each moving within it's own prescribed sphere. The said ordinance requiring res idence as qualification may be al-