The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-03-02

sort Of ordinance it viii either result tr
its being declared invalid or else it viii
be so colorless that it viii fail of the eff
feet it's intended to produce.
Thus far it looks very much as II
the '.spOtter'' service of the police de-
partment is backed up to a precipice
brink. This fact will naturally serious
" hamper that department in its fight
against the jointist.
The other trump card will be played
when the following resolution Will be
Whereas. The charter act governing
cities of the first class makes it obli-
gatory upon the mayor to appoint all
policemen, detectives etc, by and with
the consent of the council and fix the
term of Office and salary of same; and
Whereas, This provision of the stat
ute along with others relating to ponce
affairs, have not been complied with,
all of which has a tendency to demon
alize the efficiency of the service and
subject it to criticism; and therefore,
be it
Resolved, BY the mayor and council
of the city of Topeka, that the mayor
and police committee take up this
whole subject matter of police affairs,
and the laws governing the same ana
report their findings and recommends
uons to the council at the earliest prac-
&C K. HOLIDAY"
Have the members of the police de-
partment never been legally appoint
ed % was asked one of the prominent
city officials yesterday.
No. I think not. 1 guess the state
ment that police of this city is an IL
legal body Of men is just about cor
rect. As far as I know. and I think
police department of this city has never
been legally organized. And while
their acts are probably legal whether
they could rightfully collect their sal
aries for the services so performed is a
delicate matter. I am rather inclined
to think that il the matter is brought
before a court and any one should care
to push the matter the back salaries
which have been paid out could be pro-
ba bly, recOllected. A suit being brought
to cover the amount of salaries so paid
out. 1t is certainly a mighty big ques-
ton"
From everything that can be learned
it appears that Mayor Bergundthal
gave Chief Stahl carte blanche in the
of his force and the en-
ployment of his men. The city charter
act. however provides that the police
force of the city shall be appointed by
the mayor together with the consent of
the council. This only power delegated
to the chief of police with regard to his
force is a power of suspension until
such suspension can be reported to the
mayor. the report, however, must be
sent in within "a hours.
The only power of the mayor as re-
yards employment of members of the
police force is as follows: He shall |
De a CONSERVATION of the peace through |
'ut the city, and shall at all times |
lave power to appoint such number |
If special policemen as he may in |
'ases Of emergency deem necessary to
preserve the peace of the city, and to |
dismiss the same at pleasure; pro- |
-ided, such policemen shall not serve |
onger than the next meeting of the |
council, unless confirmed by it."
Both of these portions of the city |
;harter act, however, fail to delegate |
sufficient authority to the mayor and |
thief of police to establish and or |
sanize police force without con- |
irmatOry action from the city cOun- /
Ill. This latter fact from every evil |
lence Obtainable appears not to have
1een done.
The members of the city council /
ire divided upon the advisa bility of /
paying the Stahl bills. The city at
Orney has been asked and will give
lis written opinion of the legal stand /
)Oint of the two questions which are /
involved in the administration of the /
'Olice affairs of the city and which /
lave been sketched out in the above
1t can be safely prophesied that the /
council meeting on March will be |
me CT the most interesting of this
ear or for that matter several months
,ast. 1t is felt by those cOuncilmen |
Who are in favor of allowing the Stahl |
ills that these two trump cards which
re about to be introduced are a part
f a fight on Chief Stahl and in an
Indirect way upon the administration
-self. In fact some of them are of
he opinion that the spirit which
the introduction Of these
vo matters is entirely one of ami
1Ositv to the present stringent war
are which Chief Stahl is waging
gairst the jointists in the city and an
tempt to embarrass him as much as
ossible and secure, if it is further
ossible, a different head for the po-
ce department.