Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1901-06-20
DECISION OF JUDGE NICOL.


TRANSMIT ALL ORDERS TO md.
VIDUAI, MEMBERS OF THE FORCE
THROUGH THE CHIEF NULL AND
VOID.
The loDg.looked-for decision OF
Judge Nicol in the injunction proceed
ings instituted by Mayor Simpson re-
straining the Board OF Police Commits
sioners from enforcing sections 56 and
SO of the rules for the government of
the police force, has been rendered.
The first rule (Which requires Di-
monthly change In squads performing
duty as the statioD) is declared consti-
tutiopal and the Injunction restraining
its operation dissolved. Rdle SO, how
ever, which compels the Mayor to de-
liver ell orders to members OF the police
force through the chief or other officer
acting in his stead. lie declared pull and
void, aud the injunction against its
operation perpetuated. 1t was noised
about last night that the decision bad
been rendered and was In transitu-
that is, that Judge Nicol bad sent it to
the clerks Office IN this city. BY the time
the Office was opened this morning
| people were endeavoring to ascertain
| its import, but no one was able to
answer the question. 1t was at first
supposed that letter carrier would
soon arrive with the interesting docu-
ment, but 1t was subsequently ascer-
tanned that the Judge had sent the
package by express. About tenlo'clock
one of the counsel OF the commissioners
appeared In the Clerks Office with the
package and turned it over to Mr..
Beach, who proceeded to open 1t. There
was also in the Office member OF the
Police Board, and q representative oil
the Gazette. The synopsis OF the
opinion was soon brought TO light and
read, and later the opinion 10 extenso.
The latter is voluminous and exhaus-
tive. The Judge DEGREES that the COM
plainant and defendants lhall each pay
their own costs and expenses In this
cause.
Judge Nicol. after reciting the history
and progress of the INJUNCTION proceed
ings, together with the issues involved
decides "that rule Sc, (0iving the con-
missoners power to make oi.monthly
changes in squads in the station house.
as amended by the Board OF Police
Commissioners Of the city Of Alexandra
for the regulation OF the police force o.
that city, Is not In conflict with the
constitution or laws of this State. AND
that 1t is not unreasonable and there
fore null and void, and that the 10
junction heretofore awarded restrain
ing and eDjoiniug it's enforcement bs
and the same Is hereby dissolved
That rule No. SO prescribed by said
board is not justified by law
and that said board had no
authority to establish it, and that
it Is all unreasonable rule and
regulation, and 1t Is hereby decreed to
be- null and void, and that the injunc.
ton heretofore awarded restraining and
epioiDiug iis enforcement be and the
same is hereby perpetuated."
10 rendering his opinion Judge Nicol
among other things, says:
"The manifest purpose OF the Legls
lsture 10 creating the Board of Police
| Commissioners of Alexandria was Il
| provide add establish n governmental
agency for the more efficient admins
tration OF law In this city. The mem
pers of the Board OF Police Commits
sioners and the policemen appointed
by It are not municipal. but State of1i'
GERS *rhe said board is given the
absolute and unreetrained power to Sc
lect the policemen for Alexandria
This necessarily involves the right AND
power to pass on the qualifications anG
fitness OF those whom they select as po'
licemeu.* *rhe power to appoint
the power to remove and the power tC
regulate necessarily implies the power
to establish rules for the government
and discipline of the police force.*
The Mayor is nowhere given this
power" The Judge then proceeds tt
define the status Of the Mayor after the
police force shall have bsen organized
} and turned over to him. 1.-THE Mayor,
the Judge DEGREES, "then has control O
tho force in accordance with law and
in accordance with reasonable rules
J and regulations established by the
Board OF Police Commissioners
} am unable to say that the adoption o.
} rule SO as amended is an un-
reasonable exercise of discretion
on the part OF the Board OF Po'
lice ommissioners.* \ *Rule 56, al
amended, commends itself to my judg
ment as an effort on the part of the
board to establish perfect equality o.
burden and daty amongst the mer
composing the police force. Nothing
can more conduce to the efficiency o.
the police force than the knowledge
aud realization that there Is no partial
iiy or fsvoritism shown any one, but thai
the light and.hard burdens, the pleasant
nd unpleasant duties fall on all alike
10 my judgement rule 56, as amended
Ia entitled to q fair trial In practical
operation. Should 1t prove unsatisfac
tory it can be repealed by the board
and l sm also OF the opinion that it II
not in conflict with the laws of the
State and that it is not unreasonable
and therefore null and void, and thai
the Injunction heretofore awarded re.
straining and epjoining its enforcement
should be dissolved"
Judge Nicol then goes into an ex-
haustive review Of rule SO, requiring
the Mayor to transmit oil orders to
policemen through the chief, and sums
it ell up as follows; II am opinion
that rule SO prescribed by the said
board is not justified by law, and thai
said board had no authority to establish
il. and that it Is unreasonable and
; sbonld be declared null and void, and
its enforcement perpetually enjoin
ed. Whilst l have reach
ed the conclusion that rule 81
is not justified by law, and il
l.-...ooahla yat 7 hova M haaifa ti0n