The times., 1901-06-21

whom they select as policemen. The pow
er to appoint, the power to remove. and
the power to regulate necessarily implies
the power to establish rules for the gov
ernment and discipline of the police force.
The mayor is nowhere given this power"
The judge then proceeds TO define the
status of the mayor after the police force
shall have been organized and turned over
to him. He DEGREES that the mag then
has control of the force in acco 4 nee
with the law and in accordance wittf'Ssea-
sonabIe rules and regulations established
by the Board of Police Commissioners.
He states that he is unable to say that
the adoption Of rule Sc as amended is an
unreasonable exercise OF discretion on the
part of the Board of Police Commission
ers. but that the rule as amended COM
mends Itself to his judgment as an effort
on the part of the board to establish per-
feet equality Of burden and duty among
the men composing the police force. Moth
ing can more conduce to the efficiency Of
the police force, he says. than the
knowledge and realization that there is no
partiality or favoritism shown anyone,
but that the light and hard burdens, the
pleasant and unpleasant duties. fall on
all alike. In his Judgment rule 56 as
amended is entitled to fair trial in prac-
teal operation. Should it prove unsatis-
factory it can be repealed by the board,
he says. but in his opinion it is not un-
reasonable, and therefore nuh and void.
The injunction heretofore awarded re-
strainlng and enioiHing its enforcement IS
therefore dissolved.
Anent rule 80, requiring the mayor to
transmit all orders to the policemen
through the chief. the judge sums up as
follows: Il am of the opinion that rule
50 is not justified by law, and that said
board has no authority to establish it.
and that it is unreasonable and should be
declared null and void. and its enforce
ment perpetually enjoined. Whilst l have
reached the conclusion that rule 50 is
not justified by law. and is unreasonable,
yet l have no hesitation in saying that. in
my judgment the mayor in the transac-
ton of routine business of his Office.
which pertains to the police force OF the
city, and when not prejudicial to the pub
lie interest. should communicate his or
ders to the police force through the chief
of police, or the other officer acting in his
place, and should receive reports from
the police force through the same chan
nell"
Further Judge Nicol says: Rule 50 un-
dertakes to regulate the mayor, which is
beyond the power OF IL board. and seeks
to destroy the discretion vested in the
mayor by law
The seventy eighth annual commence
ment exercises of the Episcopal Theologi-
cal Seminary, situated west of this city.
began at 10 o'clock this morning in the
chapel at that institution, before large
and notable gathering of students and
their friends. In the absence of Bisl0p
Whittle, who was detained On account OF
i'll health. Bishop Gibson, of Richmond,
presided over the exercises.
Bishop Gibson delivered the diplomas of
the institution 20 the following graduates:
Ambrose Brown, II. a, of Danville; Ran
doIph Royal Claiborne, of Amherst CcUn-
ty, Va; William Jenkins, OF Wilkesbarre,
Pa; William Bee Sans. of Bohic, S. c.,
and Jacob Morton White. NJ. A, OF Char
lotte County, Va. All of these gentlemen,
with the exception of William Bee Sans.
were also recommended for the degree of
Bachelor OF Divinity. which they will re-
ceive after writing an approved thesis on
some subject and after their ordination to
the priesthood.
The last and greatest honor Of the in
which is the degree OF Bachelor
of Divinity. was conferred by the Bishop
upon the following clergymen: The Revs.
n. II. Darlington, OF the Diocese Of South
Carolina; ]. Fl. Cox, of the Diocese of Salt
Lake; W. A. r. ,joCdwin, professor at the
Bishop Payne Divinity School Peters
burg. Va; ]. D. Miller, Of the Dioc ese of
North Carolina II. II. Powell. professor
of Hebrew at the Divinity School San
Mateo, Cal. and ]. A. WelbOurn. mission
lry at Keyots. Japan. OF these ciersymen
only the Revs- ". y. f. Goodwin and II.
H. Powell were present The address to
the graduates was delivered BY the Rev.
W. NJ. Clark, rector of st. James Church.
Richmond Va. after which the l3isnop
the benediction thus closing
the session of 1900 and 1901.