The Paducah sun., 1906-04-24
Mayor Yeiser Thinks Council
Exceeded Its Authority.
Giving Police Powers to All Officers
Not Policemen Is the Bone of
Contention.
MANY FRO AND con VIEWS.

faction of the present administration
intends to contest the action of the
board of aldermen in making the
wharf master, market master, license
inspector. city weigher, sewer inspec-
tor and several other city officers
special policemen" alleging that
the action is illegal. They cite char
ter provisions in support of their con-
tentions.
The council has no right or au-
thority to make these officers special
policemen " Mayor Yeiser declared
this morning. "The charter reads
plainly in this matter, and If you
wilplook on page a you will find
where the court of appeals upholds
my view of the matter"
The charter provision reads:
Section 3172-I. Creation of new
Offices. Council cannot create Offices
not mentioned in charter, but may
appoint employees who are not off,
GERS"
The matter. 1t is alleged by the
republicans, was the result of litiga-
ton relative to higher city officers
where salaries were involved, and
one decision of, the appellate court,
cited in the section, is in regard to
the Office of city prosecuting attor-
ney. Jesse Gilbert deceased,
brought suit when the city went into
the second class to test the validity
of the act which put him out of of
flee before his term expired. 1t is
claimed that this section cannot be
applied to the action taken by the
board last night
The section read plainly that the
council "can not create offices not
mentioned in the charter but
"may appoint employees who are not
officers" and it is taken that this
gives the council power to confer
police powers on the officers or en-
ployes above enumerated.
Mayor Yeiser also suggests an
other matter in proof of his conten.
tion in regard to the act of the board
The charter provisions say clear
ly that the board of works shall have
absolute control of the market
house, wharf, etc. and the market
master, and wharf master are Off
GERS under the board of works di-
rection. The council has no author
ity to impose any further duties up
on them. 1t is the duty of the con-
trolling power of the department
and this lies solely with the board of
works"
Chief of Police Collins stated this
morning THAI he did not believe the
council acted legally: that it was his
understanding that the police COM
was the only authority
which could legally grant police
powers, express runners, special rail-
road officers, ETC.. and made police
men by action of the commissioners
and these matters never come before
the council under the second class
charter. This is the stand the com
missioners seem to take, and from
appearance may contest the act of
the board taken last night.
1t is alleged by the democratic fac
ton that the board of works insists
on controlling and managing alD mat
-ers coming under its Jurisdiction.
and that the police commissioners
viii insist that it be permitted 20
control the police force. This re-
mains to be developed, however,
Commissioner John X. Bonds re-
fused to have anything to say in re-
gard to the matter except that the
council had right to do anything
I wanted to. he supposed.
The action taken by the board last
night was taken for economical pur-
poses. The aldermen think they are
'cting legally, and no opposition
vas made 10 the act The city So
ichor was present and offered no
but probably would
lave done so had he though the ac-
ion Illegal.
Il had nothing to do with the mat
er brought up last night by Alder
nan Miller when he desired to
'ut back the two plain. clothes men,"
Chief Collins stated. "The police