The Providence news. (Providence [R.I.]) 1891-1906, 1902-04-11

Mr.. Norton asked the court TO oust
Mr.. Adams and the latter thinks such
action would be an unwarranted interfer-
ence with his rights under the constitu-
ton Of the United States and this state
in that he would be deprived OF what
are his rights without charges being
made against him. and he, having an OPP
portunity 10 defend himself
The case was before the court on an
agreed statement of facts. so there was no
testimony introduced and though coun-
sci on both sides presented able argu-
ments the main point as the hearing and
arguments disclosed is a very narrow one.
1t is simply whether or not under the
laws applying to the town of East Provi-
dence hearing is necessary when the
statute or special act says police consta-
bles and other officers can be removed at
the pleasure of the town council at
regular meeting. The main facts about
the meetings at which the election Of "A
new chief was attempted were stated 20
the court today as published i'm tho pa
pers already. The reason Adams was@re-
ing age and physical incapaeity
Franklin +. owen. counsel for Mr.. Nor
ton. read the statement Of facts. also the
commission OF Mr.. Adams as chief OF po-
lice The latter commission read for
year from his appointment. Mr.. Owen
claimed that there was nothing In the
General Laws fixing the term of the
OH for Or
ordinances TO that effect.
Judge TiHinghast asked for what period
Mr.. Adams was elected. Mr.. Owens re-
piled, at the pleasure OF the council He
cited the special law In regard To West
erly and East Providence, providing for
sewers. etc. passed previous to lSi2
which contained provision that the po-
lice constables of those towns might be
removed at the pleasure OF the common
council, provided the removal was az the
regular meeting for misconduct or in
capacity
Chief Justice Stiness-There Is nothing
I'm the statutes any law creating the Office
OF police.
Mr. owen said he was unable 20 find
in the statuts any law creatinf the Office
but n was an office that every large town
had established. The chief justice said
the authority then must come from a
town ordinance. Mr. owen read the or
dtndnfeS or lOt lpNh Nn'Nlub 'h' 'Hi''
of chief was duly ordained thereby. Ile
read the special statute before referred
| Ia.
Judge Tininghast asked II Mr.. Adams
/ had no hearing and was not Informed OF
| charges.
Mr. owen said mono of tho members of
| the council could tell whether Mr.. Adams
| was capable Of performing his duties or
! not and they were the ones 60 decide
| under the special law. II was different
| from most Offices. this one OF chief Of
pouce OF East Providence. a man is
| generally elected for a definite time. such
| az for life or for "a certain legally defined
| time.
| A remark was made by Mr.. owen that
| ne only referred TO life as definite pe-
| Rod OF election and added that though
| no term was fixed for the members OF
| the court yet they were practically
/ elected for life.
Mr. owen said that the chief was. by
/ the law. only assured OF his office from
/ one regular meeting 10 the other. In
/ other words that he was only sure when
| the town counsel met and adjourned each
| month that he would get his salary for
| the next month.
\ william g Bliss. who was associated
| with John r. Reagan as counsel for Chief
| Adams, said that the agreed statement
| of facts raised no moral question. The
| question was simply one or law, he main
| tained and under the law Chief Adams
| was entitled 10 hearing on any charges
whether the same were made by the town
| council or not The special law. he claim.
| ed. It'd not deprive him or his right 90 a
| hearing aud u law could only do $50 hv Ga,
| most explicit terms
l Mr Bliss cited many sutboritles to show