Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1902-01-22

anu OIOVers Nays JOHN ". huubOu3
Fort and Fielder.
Ordinance to enforce parliamentary
rules read second time and lost: Yeas,
j. B. Hudson, Glover and Bolton.
Nsye, John r, Hudson, Sherlock,
Fort and Fielder.
An opinion from Judge Allen Fort
and City Attorney James Taylor was
read as follows:
In Re: Police Commission,
Americas, Ga January goth, 1902.
Hon. j. B. Fielder, Mayor, Americas, Ga.
Dear Sir;-Referring to your request that
give you an opinion IN regard to the power
of the Mayor and City Council to elect a
marshal and deputies to serve in lieu of the
present police force, and of the right to re-
peal the various ordinances applicable to
the Police Commission, / have to say that
by Section 43 of the Charter of Americas it
is provided that the Mayor and City Council
shall have power "to protect the property
and persons of the citizens of said city and
to preserve peace and good order therein;
and for this purpose to appoint, when nee
Cessary, police force to assist the marshal
In the discharge of his duty; to prescribe
the powers and define the duties of the of
fcers appointed by the Mayor and City
Council of Americas, to fix their term of
service and compensation" It will be seen
from this section that the legislature clearly
contemplated that the marshal should be
the head of the police force, and that he
should be elected by the city, together with
such assistants as might be necessary, This
provision was taken from previous charters
and is an ample grant of power. But for the
provisions of Section 40 creating the Police
the above section would be an
ample grant of power to eject and control
the police department. Section As provides
for a chief of police and such other of1Cers
and men as the City council shall by ordin-
ance prescribe. Does this section abolish the
office of marshal and See. 43 so far as relates
to the police force ? Clearly not, for they
are both parts of the same act 1t is fami-
liar rule of construction that all the sections
of a law WILL if possible, be harmonized so
that the whole act NAV stand unless there is
some constitutional infrm1ty. 1t will be
noted that Section A COnfers npOn the May
Or and Council that they shall have power
and authority to establish police rules and
and in Section As that police
force of the city shall consist of a chief of
police and such other officers and men as the
City Council shall by ordinance prescribe;
they shall all perform such other duties as
may be imposed by the law of the State or
ordinance of the City Council" From these
sections it will be seen that 1t is for the
Council to determine how many policemen
shall be required, and to pass rules and
for their government. After re
pealing all ordinances heretofore passed in
relation tie the regulation and control of the
men appointed by the Police Commission,
see no legal difficulty In the City Council,
under the authority in Section 4S appointing
the marshal and suCn assistants to him as
may be deemed necessary to perform the
police work of the city.
A more serious and dif1cult question is
whether or not Section 40 of the Charter
creating the Board of Police Commissioners
is constitutional, The Constitution of GeOr-
gia, Article 3, Section z. paragraph 8, Code
Section 577l) is as follows: mo law or ordi-
ance shall pass which refers to more than
one subject matter or contains matters diff
ferent from what is expressed in the title
thereof" TIE caption of this act creating
the present Charter of the city is as follows;
IAN Act to amend, revise and consolidate
the several acts granting corporate authori
tY to City of Americas; to confer additional
powers upon the Mayor and City Council of
Amertcus; to extend the corporate limits of
said city, and other purposes"
1t will be seen that there is no suggestion
of board of Police Commissioners in this
title. On the contrary, it is in contradiction
to the sentence that the Act was to confer
additional powers, etc. for the creation of
Police Commissioners greatly abridges the
power of the Mayor and City Council and
takes from them the great power of electing
and controlling the Police and confers this
high prerogative on a self-perpetuating
board in no wise responsible either to the
Council or the public, If the creation of this
beard had been mentioned in the title, it
would have embraced two distinct subject
on that ground and as it was not
Incorporated in the title, the Charter con-
tains matter different from what is express
ed in the title. The Police Board as constitu-
ted in Section As cannot be saved by the gen
eral statement in the title, For other pur-
poses,' because this phrase has been fire.
quently been held by the supreme court in
constituting our present Constitution, to refer
to such matters as are germane to the one
subject matter contained in the title, and in
the view which take of this section, do not
think the Police Commission therein pro
vided for is 'germane TO the subject matter
of the Act, but is variant therefrom. In or
der to have authorized a Board of Police
Commissioners, there should have been a
seperate act as in the case of the Board of
Education. There is another constitutional
difficulty as to the validity of this section.
The Board was appointed by the Legislature
with power OF perpetual succession by it's
own members. They were placed beyond the
reach of the people and of the Council. One
of the most important powers and functions
of the Municipal Government was placed
in the hands of five men without any respon-
sibility, directly or indirectly, to the people
The City Government is vested with the gov
erning power over the City and to the extent
of their Jurisdiction, exercises the power of
the state. To cast upon the City the respon-
sibIlity of preserving peace and good order
therein and of protection of person and
property without affording the means to do
so is unreasonable and contrary to public
policy, All our governments are Republican
in form. The people are the sovereign and
masters. Public of1cers are simply agents
and servants of the people and always anne.
nable to them. An act which sets over the
people board vested with great power
which has never been selected by the people
and which is neither directly or indirectly
responsible to them is contrary to the spirit
and genius of our free institutions and is In
consistent with the fundamental idea upon
which our Republic rests. Any law which
cOp+ravauea this wise nuhlic roIcvs Of Ioca