Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-26
SWEAR|NGEN
WINS FIGHT
IN COURT
Mayor of Jacksonville Given Com
pIete Victory Over Board Bond
Trustees for Police Control.

JACKSONVILLE, Sept. 25.-Mayor
Van c. Swearingen has won a sweep
ing victory in the fight waged by him
for many months for the control and
direction of the Jacksonville police
force, in a decision handed down by
Judge Daniel A. Simmons in the Cir
cult Court. He has won every CON
tention he has made, except that
Judge Simmons has decided that Fred
c. Roach, whom the Mayor suspended,
is still Chief of Police. because Of the
failure of City Council to act on ris
suspension after the matter had been
reported to that body by the Mayor.
Failure of the Council to act upon the
suspension, according to Judge Sim
mons, automatically reinstated the
Chief The decision was rendered in
the suit of Patrolman Clyde E. Davi-
son against Harry Hall, captain OF
police and recognized by the Mayor
as acting Chief, for reinstatement. In
an interview given to The Georgian
to- day Mayor Swearingen said:
Sweeping Victory.
It's a sweeping victory. The de
cision sustains my every contention
1t means that I as Mayor am in sn-
preme control of the police depart
ment.
In regard to Judge Simmons ruiz
ing that Roach is the Chief, he states
clearly that If the Council had acCed
upon my suspension it would have
ben entirely proper and legal.
THE decision further shows that
the Board of Bond Trustees has for
years been exercising unlawful pow
ers by suspending and removing Of
fcers without legal authority.
Il am entirely satisfied with the de-
cision.
I'm my opinion, all of the policemen
dismissed or suspended in the past
by the Board of Bond Trustees have
excellent grounds for suit against he
city to recover their wages"
1t is expected that Mayor Swearin-
gen will make another effort to re-
move Chief Roach in the near future,
but he has not yet indicated his next
move
William NJ. Bostwick, Jr., former
chairman of the board, against whom
the fight was directed, is out of town.
Head of Department.
According to the opinion of Judge
Simmons, which follows his order
denying Davisons peremptory writ
of mandamus against Hall for rein
statement, Judge Simmons points out
that Clyde f. Davidson was never
legally dismissed from the police de-
partment and that upon the eXpira-
ton of his 30-day suspension 1t was
the duty of some one to return him
to his place. This would bring the
matter up before Chief Roach to re-
instate Dawson and return to him
his equipment, as the order of Judge
Simmons states that Roach must be
pronounced to be chief of police de
facto and de jure, thus constituting
him the only man who has authority
to do the things prayed for in the
petition in which it was sought to
have captain Hall act.
This feature of the decision for
time gave the bond trustees and
their supporters considerable com
fort. as they apparently believed that
the recognition of Roach as chief
constituted a victory. When careful
ly read, however, the decision. which
clearly and comprehensiyely sets
forth the duties of the Mayor, Coun-
ell and Bond Trustees, as determined
by the city charter and ordinances
indicates that Swearingen is the
head of the police department and in
supreme command
Judge simmons decision which
touches on the matter of control fol-
lows in part:
Judges Decision
The petition which is embodied in
the writ issued herein contains many
other allegations of more or less ma
terial facts and law, but the ones ]
have enumerated contain the gist of
the matters complained Of The re-
turn Of Captain Hall is mainly to the
effect that he is not chief of police,
either in law or in fact and that
therefore he has no power or au-
thority to reinstate the petitioner
Thus we are squarely confronted
with the question of the authority of
the Mayor and Bond Trustees, re-