The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-09
Commission Asks Mayor TO
Make Requests Through
the Chairman
MAYOR EXPECTS THE
CHIEF TO CONTINUE TO
EXECUTE HIS ORDERS
Chief Executive Says Recent Commits
sion Was Not Enough In Accord
With the Administration
to Be Consulted.

to Be Consulted.
The horns Of the Mayor and of the
Police Commission are locked
The question at issue is whether or
not the Mayor has the right or authority
to issue orders to the chief of police.
The matter came into prominence after
the meeting of the Police Commission
last night. The commission passed a
resolution, offered by ex-Chairman Par
ker and seconded by Commissioner Jones,
that the Mayor be asked to issue his
requests through the head of the de-
partment, that is to say the chairman of
the commission.
After the meeting Mayor Ward replied
to the resolution of the commission, stat
Ing that he was charged with the en-
forcement Of the law and that he would
continue TO issue instructions to the chief
of police and would expect him to obey
them
The resolution offered last night by
Commissioner Parker was passed by the
votes of Chairman Donahue. Commission
ers Parker, Jones, Martin and Phillips.
Commissioner Brown voted against the
resolution and Commissioner Flies was
called away from the meeting some time
before the resolution was introduced
The resolution is as follows:
The Resolution.
'Gnasmuch in frequent issues of the
daily papers we see where our Mayor
has issued some direct order to the chief
of police, after we, the commission, asked
HIM to issue his requests through the
head of the Police Department namely
the chairman of the Police Commission.
as this body has absolute control of the
Police Department. and in so doing II
will keep down the friction In the de-
partment, and we feel sure that any re-
quest of our Mayor will be carried out at
once If such request has any merit"
Mayors Statement.
The reply of Mayor Ward, which he
dictates for the press is as follows:
Il know of no request ever having
been made of me to send instructions or
orders to the police department through
the chairman of the Police Commission.
Had 1t been made no attention would
have been paid TO 1t further than a
courteous refusal to accede.
"rhe law provides that the Mayor
shall see that all laws and ordinances
OF this city are enforced. 1t names the
police department as the instrument to
be used in enforcing the laws, and not
the Police Commission.
There Is hardly any doubt but that
the Mayor is empowered to remove the
chief and all the rest of the officers IL
any one of them fails to execute his
orders, regardless of what the Police
Commission may think of things.
THE functions Of the Police Commits
sion set out in the following caption
to the Police Commission act:
TO provide the manner of selecting
the police force In the city of Birming-
ham, and to provide for the efficient
management of the police force of the
said city.
power to two things-first. to select tho
force. and second, to regulate their habits,
hours and conduct
when it comes to enforcing or nullify-
ing any lay. or getting in between the
Mayor and the chief of police, the chair
man or any member of the commission
clearly goes outside of his authority. Now
az to the practical working of this re-
quest. the chairman of the Police Com
mission is generally too inaccessible for
any one TO take the trouble to hunt him
up. Furthermore the chairman and his
commission have in the past not been
enough in accord with the views of this
administration on all things to justify 1t
In submitting its movements to his de-
csions
at may be well to say right here that
the Mayor will not burden tho new chair
man of the Police Commission with any
details of government not belonging to
him, but will continue to enforce all laws
of the city of Birmingham. and will
expect the chief Of police to continue to
execute his orders"
Parker's Statement.
In introducing his resolution, Commits
sloner Parker made a statement in which
he said that he did not wish In any
way to antagonize the Mayor, but that he
thought all orders to the police depart
ment should come through the proper
channels, the chairman OF the commits
sion. He stated that the commission
was in absolute charge of the police
department and that the Mayor had no
more right to issue orders to the police
force than he had to issue orders to
the sheriff's office.
Mr.. Parker further, stated that he
thought the Mayor had been right In
everVthinY he had done and that he WAS
personally willing to back the Mayor up
NJ any time when he thought he WAS
doing right and that he was sure that he