The Montgomery advertiser., 1905-03-31

IOOs tnt iUoNlOu tO thc protection of the city, the regulation of the police force. By all principle and reasoning we must exercise control ever the police force through the chief of police. I agree with Mayor Atkins and that was the intent of the motion" "
 Councilman Hall said he voted for tho motion with the view of sustainin g the suspension of the two policemen by Chief Walters and he did not see how 1t was q ratification of City Attorney Shafer's contention.
 T think the Councif voted wisely looking to the future of the city," said Councilman Hall. T am of the opinion that the chief of police has the power to suspend and in my address to the Council I said I was going to vote to sustain Chief Walters in suspending the policemen
 Mayor Atkins said.
 The Councils action last night was by no means an indorsement of City Attorney Shafer's contention. It up held the chief of police I'll suspcnding Policemen Moseley and Davis. MT. Agees motion read stand suspended from March 13 to March 27 without pay There is only one way to look at 1t and MT. Shafer wrongly construes the Councils meaning"
 "will the Legislature be asked to remedy the alleged defects in the char ter?' the Mayor was asked. He re- piled:
 The charter Is clear enough as it stands. There is no doubt about the power of the chief of police to suspend. although there is difference of opinion among the lawyers. The city and the Council stands unequivocally on this contention"
 MT. Shafer's Opinion.
 Although the Council has not come out with the declaration that Police men Moseley and Davis were guilty of neglect of duty by it's vote it also in voked punishment on the officers.
 City Attorney Shafer's opinion is as follows:
 Has the chief of police the power to suspend or depose a policeman?
 The answer to this question must be found in the meaning of Section 10 (the general welfare clause of the charter), Section 13 trepealed since the passage of Section 93 of the city code), AS of the charter of the city of Selma and Section 93 of the code of the city of Selma.
 The charter of the city of Selma is an act of the Legislature of the State O. Alabama, passed by it, and approved by the Governor on February IT. 1883, and is one of the laws of the State of Alabama.-(Acts of 1Ss2-3, pp. 396-432, Sections 1-52)
 Section 52 of the charter repeals all laws and parts of laws in conflict with the same. Thus. whether Section 93 of the code was passed. before or subse quent to the enactment of the charter. if in conflict with the charter. is null and void.---Baader vs. City of Cullman n, 115 Ala 540-542. Clearly so under this authority. even If passed under and by and in harmony with section 13 of the charter. before its repeal
 The charter of Selma creates a cor porate body of limited powers only. The general welfare clause" recog- nizes and states this fact: Section 10. That the Mayor and Councilmen of Selma shall have full power and au- thority to pass bylaws ana ordinances and to pass all such resolu- tions, bylaws and ordinances. as they may deem necessary and proper for the good government of the city, not con trary to the laws of the State, and to carry into effect the powers conferred by this charter, upon said Mayor and CounCilmen. and the bylaws, ordi- nances and resolutions heretofore passed and adopted by the said mu- nicipal corporation styled the City of Selma, and which remained of force, at the time of its dissolution, are here by revived and established. as and for the bylaws. ordinances and resolutions of the corporation hereby created, so far as the same are applicable and are consistent with tho limited powers of the corporation hereby created. and are not in conflict with any of tho provi- sions Of this act; and the same, thus qualified. are continued of force and of = feet. until altered or repealed by the municipal authorities of the corpora . ton hereby created; provided, that nothing in said bylaws. ordinances or resolutions contained shall be construed as conferring upon said municipality, or it's officers. any power or authority other than as prescribed and set forth in this act"
 This proViso Is a proviso to the whole of Section 10 of the charter, and a linn itation to the whole of 1t, clearly so. from the very context of it. If this were not so as matter of good Eng fish and even if the proviso were left on entirely from the language of Sec ton 10, or even If by express words, 1t were limited to tho last clause of Section 10, the law as laid down in Baaders case. above cited, would read 1t onto and into, as part of the whole Of Section 10 beyond doubt, question or CaVil.
 Charter Organic Law,
 The charter is the organic law of the city just as are the constitutions the organic law of the Federal and State governments, respectively. We must look to 1t first and last for every power of the city as q corporation. And in determining the powers given, the ac- cepted canons of construction must he applied.
 Coolcys Constitutional Limitations. Ith ed. p. 3o9, says: The powers con- ferred upon municipalities must be construed with reference to the object of their creation. namely, as agencies Of the State in local government. The State can create them for no other pur- pose, and 1t can confer powers of gov ernment to no other end. without at once coming in conflict with the consti- tutional maxim, that legislative power cannot be delegated. or with other maXims designed to confine all the agencies of government to the exercise of their proper functions. And when ever the municipality shall attempt to exercise powers not within the proper province of local government whether the right to do so be claimed under express legislative grant, or by implication from the charter. the act must be considered as altogether ultra wires, and, therefore, void" (Authori- ties too numerous to citc).
 Based. therefore. upon reason. and sound public policy, the charters of
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