The Montgomery advertiser., 1905-03-30

Mir. Phillips, which made the suspen- sion of the two policemen date from March 1s to March 27. without pay. Before the vote, Mayor Atkins made his final appeal. T feel 1t my duty" he said. to look atfer every depart ment of the city government and es- pecially the police department. I want no strings tied to it. I come in con tact with that department every day and I shall insist that its defects be remedied.
 Again I say that 1t is lawful. legal and right in every respect for the Chief of Police to exercise this power over the police force. and I insist that he should be suspended. I appeal to this Council to sustain the suspension of these men; if not. the city will be han dicapped in the problem of law and or- der for years to come.
 "As the Mayor of your city and the representative of your people, l again appeal to you to vote for the suspen. sion of the policemen and to vote for 1t unanimously.
 And the Council voted for it unani- mously.
 Following is the opinion given to tho Mayor by Attorney Jefferies, which was sustained by the Counci tonight
 Attorney Jefriea's Opinion. Mir. V. B, Atkins. Mayor, Selma, Ala:
 Dear Sir--Yours of the 2Sth inst at hand in which you ask that we give you a written opinion upon tho ques-- tion, in substance, whether that part of Section $s of the Gity H Soae: oss,, wniGn ,nl der the direction of the Mayor, have control of all policemen of the city. and for good cause may suspend any City Council, at which time he must report his said action for their comsid- eration," is valid.
 Under Section 1s of the original Mayor and Councilmen were author ized to create all such offices that may be- necessary and proper TOT the goSa government of the city. and for the preservation of the peace therein, and to regulate and control them ip the performance of their duties, and had power to remove or discharge them at will. ~ -, charter the marshall. clerk. physician or any officer or employe, may pc sus- pended or deposed by two-third vote bituai drunkenness. malfeasance in of flee or neglect of duty without good cause, and to appoint another in the place of such deposed person. such sus- pension Is to be after trial and five
 finder those provisions of the city charter it was, perhaps. permissible for the Gognsl%en me .6S Sy SpDe when the charter provision would go into effect and the party tried, so to speak, by the said Mayor and Council. December ii, 1900, Section 13 was re- pealed. and by Section 5 of such act It was in substance, provided that the elective oiicsrs of said munieipaliityy pshisy of police. who shall appoint all police men of said Selma, subject to conhrma- tion by, said board of counciimen'
 Thus you will see, Section 13 of the old charter has been repealed, but Sec tion 4S, providing that the Mayor and Council can suspend, Is unchanged. and the only effect of the amendment, Sec ton 5. is for the appointment by the chief of police of policemen, and they to be confirmed by the Council.
 By the provisions of Section & AS the the Mayor and Councilmen. and in my opinion they have the right. for the proper preservation of the peace and the due administration of the police. chief of police to a limited extent and, I think, that discretion is not abused by the part of the ordinance first above "until the next meeting of the Coun-
 We know, as common knowledge. that unless the chief of police has some
 
 would be nugatory, and that for en- forcement of the police power inner ent in the municipality occasion must arise when the superior, the chief of police, nust have implied power. to control, even to the extent of tempo rary suspension: this Is emphasized by the fact that the chief alone has the power of appointment of such police men, and the Council alone has the power of confirmation. Municipal cor porations have more power than that which is expressly granted in their charter; they have such implied pow ers as are necessary and proper to carry into effect the powers expressly granted, and such incidental powers as pertain to the purposes for which the corporation was created. the implied and incidental powers are unwritten, and vary with the varying objects of the corporation"
 My opinion Is that the chief of po- lice can suspend, for cause, police of ficer until the next meeting or the Council. yours very truly,
 L.. E. Jeffries.