Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1903-07-02
Did Not Make Any Definite
Charges against Chief of
Police Brownell,
FILED SOME APFIDAVlTS
J. r. Cushmnn, Brownell's Attorney,
Argues They Arc Not Dchnitc--
Burkc's Attorneys Argue That
He HIS Power to Remove
Judge watson Has Case.


son gave n hearing in the county clerks
Office at the court house this evening on
the petition for an injunction to restrain
Mayor Burke of Burlington from inter-
fering with the duties of Chief of Police
Brownell of Burlington. J. II. Cushman |
appeared for Chief Browncll. and J. a.
Brown and r. T.. Brown for Mayor
Burke
Mr.. Cushman first read n brief or bill
of complaint prepared by him Tor the |
orator. setting forth in substance the
facts presented before Judge Watson last
week when the application for this hear |
ing was made and granted and which |
were published in the Free Press last
Saturday morning.
Mayor Burke and Chief Brownell were |
present at the hearing tonight Mr. |
Cushman argued that the time Of sus-
pension of any police officer M provided |
by Burlington city charter sets wholly
with the board Of police commissioners
and that the mayor has no legal right or
power TO suspend the chief of police I'M |
less charges of any improper conduct are
first made in writing and that suspen-
sion or dismissal rests with the board OF
police commissioners.
An officer appointed for specified |
time cannot be suspended or removed |
without first having been given a hear |
ing. If Chief Brownel is entitled to nave
these charges preferred he is first entitled |
to a written notice of such charges and
a hearing. The present suspension is in |
definite. The mayor nor any othor per |
son has filed any charges against the
chief as provided for by police rule NO. \. |
Not one single step toward any inVcsu- !
cation leading up to this alleged suspen-
sion has a $ yet been taken. If as al
legged by the mayor. charges have been
made to him regarding Chief Brownells
cond:ct in office to make them binding
thew mus. have been made in Writing
ND ,nfarrc1 m tho notice commissioners.
Mr. Cushman argued that the alleged
suspension of Chief Brownell is aoinluo
void and that the mayor should be per-
pctualy cnjoned from interfering with
chief Brownell in the discharge of the
duties Of his office, The orator has re-
rcatedlv demanded that specifications of
charges against him be filed in writing.
Tlis has not been done and he claims the
right to discharge the duties OF MS Oh
fee without interference from the mayor.
Mr.. Cushman urged upon the court that
the mayor of Burlington under its charter
has no right to suspend Chief Brownell
and then look around ana try to find some
charges against him. This police officer
Is not subject to removal on the caprice
Of the mayor lie is appointed for three
years and this unwarrantod Interference
by Mayor Burke calls for some kind Of
legal Interference. The issue here is no
usurpation Of office; 1t Is an interference.
The relief desired by the orator in this
case could not be procured through n
writ Of mandamus. So long as h" is not
impea or removed from office the
orator has 4 right to an injunction re-
strainng the mayor from interfering with
the chief in tho performance Of his du-
ties, at least until the chief is properly
suspended. This is n hold-up 10y the mayor
of this police officer during the will and
pleasure of the mayor The mayor has
under the charter and ordinances no sum
mary powers Of removal even, although
the charter makes him tho chief executive
officer Of the city.
So long as this uncertainty exists every
time the chief makes an arrest either
with or without a warrant he is inviting
just as many suits fer false arrest and
imprisonment AZ there are times he acts.
There Is a public uncertainty at present
regarding this ALLEGED suspension and
the court Is asked to stop this intorfer
ence Of the defendant until such time a s
some lawful proceedings are instituted.
1t Is not claimed tina: an Injunction wifi
establish the chiefs title TO the Office
but it will afford him equitable relief
until something else can legally bo done
r.. f. Brown appearing for MAYOR
Burke, said that under the city charter
OF Burlington section 2l3, the chief of
police stands any other officer Of the
police force. The police rules do not
modify in any way the force Of the city
charter Under this section which was
Teau 10 lllt COURT MI l1I0NH argued
that the mayor has discretionary power
to remove the chief of police or any other
police officer without first preferi4ng
charges against him II is idle from this
section Of the charter to argue that the
police commissioners have to do with
the removal or suspension of any police
officer. it is in the sound discretion of
the mayor and no one disc.
MIR. Brown argued that in this case an
injunction will not lie. lie said Mavor
Burke was present and they were pre-
pared to show by him that in this suS-
pension he has acted in good faith and
not in malice. That when he suspended
the chief June C, he believed and now
believes the charges against that official
as presented to him require inVestiGa-
ton and that he intends to bring those
charges before the police commissioners
within a reasonable time for an impair
tial examination, One reason for this de-
lay is there is just now n serious ques-
ton whether tho city Of Burlington has
any police commissioners,
j. a. Brown called the attention Of
the court to the fact that the police rules
Of the city Of burlington have nothing
to do with the city charter, n set of rules
cannot affect this charter they are sim
ply for the guidance of certain matters
Regarding tho police force. The mayor
is governed by the city charter not by
any police rules,
In rebuttal MI, Cushman discussed the
binding force of the police rules. They
are as binding rs the charter, they are
provided for in the charter for govern
ment Of the police force. In reply to the
argument of r. T. Brown. MI Cushman
showed by the city charter that the
mayor can remove the chief Of police
from Office only after he has been found
guilty.
The chief was removed June G. This bill
was not brought till June 2G, tic 20 days
provided for by tho charter and as yet
Chief Brownell is as yet not proved guilty
of any misdemeanor but no charges have
been brought against him. The charter
provides that the mayor may suspend an
officer during an investigation. VIII the
other side tell US when this investigation
commenced. We are not trying to evade
these charges. We arc trying to smoke
them out and we know of no way only
the one we have now invoked
J. A. Brown offered to put Mayor Burke
on the stand to substantiate what his
counsel had said. The court refused to
take oral testimony hut allowed the de-
PENDANT to file an answer or affldavits
Mr.. Cushman asked permission 10 file
counter afldavts showing that for the
last q DAYS tho mayor had been shooting
horses and paying no attention to their
repeated requests for action In this mat
ter Judge Watson ruled that this did
not come within the rule. but ordered
tho afldavits Of Mr., Burke to he filed
at once that Mr. Cushman might have
an opportunity Ia examine them, The
MAYOR and his attorney then retired to
prennre said af1da Wits