The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-06-20
FRIDAY, JUNE 20, 1902.
Ill POLICE MIDDLE.

Cnlef GLAMOUR mas caused considers
BILE talk about the city and it afford
a theme for much dis cu.;,uu1 az! spec
mutation as well. AS given in his stats
ment published in yesterdays Gazett
MI. Calhoun considers the recently ap
pointed police committee to be in
clined to usurp authority not intended
to be conveyed to it by the body res
ponsible for it's creation. He regard.
the committee as having trenched OF
his prerogatives and virtually deposet
him SO far as the actual administration
of police matters in detail are con
cerned, and rather than be a mere
figurehead, a superior of subordinates
with the power to direct and control
them practically vested in other hands
he prefers retirement from a position
in which he feels he can no longer
conscientiously remain.
The committee, OF at least one mem.
Der, declares that Mr.. Calhoun is la.
boring under a Misrepresentation of the
actual facts; that instead Of attempt
ing to arrogate to itself any of the
authority and power vested in his Of
fee, the committee has merely at
tempted to give him general instruc-
lions as to how the ordinances should
be enforced and the affairs of the de-
partment conducted. This the COM
mittee claims to have the right to do
under the resolution responsible for
the committees appointment. \
These as near as they can be given
appear to be the facts as they are
said to exist by both parties to the
unfortunate controversy.
With a police force no larger than
that of Billings, five or six men, it
would seen that no occasion should
arise for any clash Of authority or for
any great or serious misunderstanding.
Without wishing to mix UP in the af-
fair, The Gazette, however, cannot re-
frain from expressing the opinion that
n police committee is laboring under
a Misrepresentation as to it's full power
and authority. I
AS this newspaper understands the
matter the committee claims to have
been created with full power to man.
age the police force; that it and not
the mayor is now responsible for the
administration of the departments af-
fairs in proper and lawful manner;
that by consenting to the committees
appointment the mayor delegated to
that body the authority which, the law
says he shall have and surrendered
to it the power heretofore vested in
him as regards his position as virtual
ex-oficio head of the police depart
ment and thereby also escaped the
responsibilities that erstwhile rested
upon him.
This may be so, but as The Gazette
understands the provisions of the polit.
ical code the mayor is not possessed
OF the authority to make such dele
cation of authority and consequent es-
capement of responsibility, even If
he We're so minded. The law is very
specific in it's declaration that he shall
not make such devisement of author
ity. Paragraph four Of section 47s1,
which defines the authority of the
mayor, saw "To cause the ordinances
OF the city or town to be executed, and
to supervise the discharge of official
duty by all subordinate officers"
This, to an ordinary layman, seem
ingly is very clear and deprives the
committee of the right to exercise the
Jurisdiction which it claims has been
conferred upon it by the council. Close
search of the code fails to reveal any
section or paragraph bestowing upon
the mayor the right to delegate any of !
the authority given him in the politi-
cal code.
In section 47S5, which defines the
duty of the chief of police, paragraph
three contains the following: ITO
have charge and control of all police
men, subject to such rules as may be
prescribed by ordinance, and to re-
port to the council all delinquencies or
neglect of duty or official misconduct
Of policemen for action of the council"
It will be seen that the law pre-
scribes explicitly the duties of the ,,
chief and also provides that he is sub
ject only to such rules of the council
% It may provide by ordinance. The !
was not created by ordi-
nance, hence not eve a stretch of the
Imagination In that direction places
Y in control Of the police department.
The rules It adopts for the govern.