Evening capital. (Annapolis, Md.) 1884-1910, 1904-07-30
POLICE QUESTION ARGUED.
Chief Taylor VS.. Round Sergeant
Hahn Is Heard Before
Judge Revell And
Thomas.

The petition for an Injunction filed
in the Circuit Court this dav week
by Howard b. Taylor. chief of police.
asking that Mayor Jones be restrained
from qualifying any members of the
police force elected by the Mayor and
City Council at their meeting of July
IL, was heard this morning before
Judges Revell and Thomas.
The case was set for a hearing last
Thursday, but Judge Revell being in
disposed. and Judge Thomas not being
able TO get here on that day the case
was postponed until this morning
The case has attracted considearle at
tention among the legal fraternity
from the fact of the conflicting arti-
cles in the City Code providing for
the election of city officers. and a
large number of spectators were pres
ent in the Courtroom during the AT
guments of counsel.
The petition alleges that the cleo
tion was held on the second Monday
in July, whereas. by law the members
of the police force are required to be
elected on the third Monday of that
month. The City Code contains con.
fiicting provisions on the subject.
Article %, regulating the election of
SANJ OaA1NASt AhNAnAAAAS va Nitt
police force, holds that the election
shall be ON the second Monday of the
month, while Article 81, relating to
the police force. specifically states that
the election shall be ON the third Mon
day of July.
James w. Owens, counsel for the
petitioner, argued upon these points
Article 10 provides for the election
of a collector and treasurer on the
second Monday in July, and sets forth
his duties. Article ii provides for
the election of a city commissioner on
the same day and specifies his duties
Article ~ provides for the election
of a messenger on the same day. Ar
ticle 30, under the head of Officials, "
says: ION the second Monday of
July in each and every year, or on
such other day as the Corporation for
the time being shall direct, there shall
be chosen by ballot the following Off
GERS That is TO say. one clerk, one
collector and treasurer, one chief of
police, one round sergeant and six
police officers, market master, city
commissioner and messenger, etc.
Article 81, under provisions of
"Police Department, Rules and Regu-
lations, after specifying the duties
of said officers, goes on to say Said
force shall be elected by ballot ON the
third Monday in July in each and
every year, or as soon thereafter, as
practicable, - etc. Counsellor Owens,
for the petitioner, contended that Ar
ticle 81 repeated Article % and 30. and
that the election of these officers were
null and void.
w. Hallam Claude, attorney for
Mayor Jones, contended that mas
much as custom aud usage becomes
law, and as these officers had been
elected on the second Monday as re-
quired by the City Code, and as no
injury had come TO any one, he con
tended that it was immaterial whether
these officers were elected on the sec
ond or third Monday in July, as the
code especially provides for the cleo
tion of certain officers ON both of these
dates, "or as soon thereafter as prac-
ticable. The intent as well as the
meaning of the law is perfectly plain,
as it would be impossible TO elect
these officers on the date of the cleo
tion--therefore these provisions were
made particularly TO meet the case.
1t is thought verbal decision Will
be rendered this afternoon, as Judge
Thomas will leave for his home, West
minister. and a written decision will
be filed later by Judge Reyell