The Montgomery advertiser., 1905-03-30
SELMA MAYOR IS SUSTAINED
 BY VOTE OF CITY COUNCIL

gay and Elder spoke on Justice to the city and justice to the policemen.
 Mayor Atkins was the leading speak CT. 'Gentiemen of the Council" said he. "as your chief executive am call ing on you to settle question on which as much as anything else the peace and dignity of the city of Selma is at stake. Acting according to the dictates of my conscience and realiza- ton of what | deem my duty, I have taken exception to the contention of the City Attorney and have sought and found legal opinion that has substan- tiated my belief. believe that the chief of police has the power to sus- pend members of his force for cause and as the mayor of Selma and the representative of the people I appeal
 to you to sustain the chief of police in
 suspending two policemen for cause, which has been shown. Gentlemen, it
 stands to all reason and principle that a chief of police has the authority to govern and regulate his force to that extent
 Mayor Atkins then alluded to his construction of the neglect of duty. which Is implied in the charter. T hold that wher a policeman insults a
 citizen. or does any thing that Is tend ing to disturb or excite the peace | rather than preserve it he is guilty of neglect of duty Without questioning the guilt or innocence of Policemen Moseley and Davis, Mayor Atkins spoke at length on the contention introduced by him. He then read the opinion of
 Attorney Jeffries, which is given below. City Attorney Shafer followed with his opinion and after reviewing his | contention he read the brief, which | consumed nearly thirty minutes. By | m rY1aans rap fhia Cnuon,l ,,aax.
 charter of the city by which it must
 be governed hold that the suspension | of the two policemen by Chief of | Police was legal" declared City Attor- | ney Shafer. Such a stand would be
 in direct violation of the acts of the
 Legislature of Alabama" MT. Shafer's
 address before and after the reading
 of the opinion was long. He said
 that only in one or two particulars did
 the opinion of Attorney Jeffries differ
 with his. On those differences the
 question before the Council was based. | Then came the animated discussion
 by Mayor Atkins and the Councilmen. l Permit Chief to Suspend.
 We are dealing with what authority
 we have delegated to us by the Leeis-
 Iature to regulate our police force and
 believe that the same power, to a
 limited extent, Is delegated to the chief | po.'Se, soiu ehe Mayor, ana ne re-
 ferred to that passage of Attorney
 Jefries's opinion which says: By
 the provisions of Section 4S the power
 or suspension is still vested in 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
 power. to delegate that power to tbe
 chief Of police to a limited extent. and
 | .hink that discretion is not abused by
 the part of the ordinance first above
 quoted. which permits him to suspend
 until the next meeting of the Council" | CoPciiman Berry. ever vigilant on
 the side Of the police, in whatever mat | ter that may come up, got in when
 Councilman Agee submitted his first
 motion with a substitute that was ii,
 enect that under the evidence inc
 policemen be adjudged innocent by the
 council and thereby vindicated. As
 usual he was ruled out of order. Aftar
 the ruling of President Peacock Mr
 Berry continues to speak.
 You are out of order, MT. Berry"
 said the chairman. | But sir, l am offering a substitute
 TOT the Councilman's motion" renlied
 Mir. Berry. p'eu
 The chair has ruled your substitu.. | out of order" But -"
 MT Berry you are out of order" {" ir. ! terrupted President Peacock.
 Time and again Council Berry arose with his substitute and time and aqaIn was he ruled out of order.
 L. rule the substitute out of ordar~ | loudly decleared President peacon,,
 the fourth time. o'N
 When the motion of Mir. Aeee was
 put Councilman Berry spoke on what
 ne considered its demerits. He said technicalities 'er up will the Councilman allow an |,
 terruption?" asked MT. Agee, II" 1 will not" said Mir Berry CT | tired of this sort of thing" "'' put MT. Agee explained that the mo.
 t .ioh was hot 10 ge around technicaIi-
 ties. Councilman Berry's address drift-
 co into an account of how the Chief of
 Police Is appointed '- | 'Councilman Berry," interruntod l President Peacock. The Councilman continued to sneak l councilman Berry," the second and
 then the third time. When the Coun
 cilman finally listened, President Pea-
 COCK said; T rule your discussion ont
 or order This Council Is not discuss
 ins the manner of the appointment of | the Chief of Police. If you desire vo,,
 have the right of appeal from the de-
 cision of the chair"
 | Very well,' replied Councilman Rer- | ry. T won't appeal" and he sat down. Councilmen Meyer and Kornegay fol-
 lowed with speeches in opposition to
 the original motion of Mir. Aaee. that | the policemen be suspended to the next | meeting of the Council, and their speeches were followed by that of Councilman Hall, which was eloouent 1 and forceful. Said Mir. Hall:
 Occurrence Outrageous.
 MT. President and Gentlemen of the Council: We are considering an i'm portant matter. On our action in this matter depends the peace and order of Selma. l believe in the Chiefs power to suspend, but in this case I did not go far enough. When he was told by the correspondent of The Advertiser in the police room that day what Police man Mosely had said, he should have
 men. He should have protected the citizen. He could have saved the fair name of Selma which has been black ened throughout Alabama by this out rageous occurrence. I know from my own experience as captain and private in the army that a patriot would stand by the dignity of his country on the risk of his life. Then why not a Chief of Police on whom the name of our city rests. I sustain Chief Walters in suspending the men, but believe that
 he had very strong grounds for it or he wouldn't have done it. He had to. 'fWhers is the consistency, gentlemen