Arizona republican., 1917-08-03

| corporations to organize, maintain, or | employ an armed body of men"
 ] s of doubtful constitutionality. This | however is not material to the matter l in question as will appear hereafter. Under the city charter the commis- sion has the power to organize, main tain and equip police force, Wnich, indeed, is a power common to munlcl- palities in general. Having such power it may increase or decrease it's police force as it may deem necessary ana provide such system or systems and equipment as it may, in its discretion, deem necessary and proper, and the mayor shall take command of the po- lice and govern the city by proclama ton in times of great danger (Sec. 4 Chap VI Charter.) That body ap- pearently designated by the adJutant general n his communication to the governor, home guards is In Tact and in law police reserves Of the clty or Phoenix each and every member there of having been sworn in as a police officer of the city and carrying With him his signed appointment as a pollce- man by the city manager who mas au- thoritv vested in him by the charter to make such appointments.
 If does not seem to me that there can he any question of the right of this commission to arm it's police with such arms as it may deem necessary 10 CT ficient service and to the carrying out the purposes for which such police force is organized. These are tunes of great public danger, we are living III a state containing considerable per L centage Of population made up of alleh lEG with the enemy Furthermore the state | is at present in the midst of an econ omic unrest, violence has been aVoide, in some communities only by the presence of armed troops of the United States and pending the arrival of such troops order has been maintained only ! bV the concerted action of organized 1 bodies of the citiZenry. The usual means of defense and preservation ol l the public peace in times of sudden alarm has been eliminated by the dfaIt- | ing of the national guard into the 1ed l eral service and the various cOmmunI' l ties are left to their own resources TOT their own self protection. In the light | of these facts it cannot be asserted Mltt any degree of seriousness or maln- tained with any degree of credlbiltS l that the commission u- tTis city or lht legislative body of any munclpalltS | within the state is not absolutely anC legally justified in equipping, armins and drilling an ample police force fol | indeed that is the only means or sci | preservation in event of publlc dlsor- 1 ders That a large body of police ha:
 been armed with Winchester rifle: bought by the city and with Springilelt rifles furnished by the federal govern llxr i,Ict
 As to the second proposition relative to uniforms, this is d question of fact i, Paragraph 40l2 Civil Code provides that no uniform shall be worn by an! organization other than the nationa
 guard etc. which uniform may b' | easily mistaken for that of the nationa 1 guard. etc. The purpose of this stat ute is evidently to prevent lmpostur' 1 bv Dersons not members of the nationa | guard and the various branches of tho naval and military service of the Unlte( States therefore any insigna of dis
 similarity in the uniform of the police i reserves which would be calculated t'
 inform d reasonably intelligent persof 1 that the Wearer was not d member O
 the aforesaid organizations would b' sufficient to take the uniform out O
 the ban of the statute. have dis
 cussed this phase of the question witt the attorney general who concurrs witt me in my opinion on this point.
 Respectfully submitted
 JAMES F. NELSON,
 Acting City Attorney.
 The commission under suspension
 of the rules, adopted an ordinance
 brought to the attention of the com
 mission through an initiative petition
 t., lfa.s
 ture or sell or to attempt to manufac-
 ture or sell any intoxicating liquor il
 the city of Phoenix. This gives to the
 police department much of the poWei
 of arrest which the officers have here tofore lacked. It opens the way for a1 energetic anti -bootlegging campaign | on the part of the city officers.
 The question of public printing foi he ensuing fiscal year was again brought up and the entire matter
 turnted over to the city manager. II
 was reported after the meeting that
 the printing will go to the Arizona Ga i zette and that portion of it at leas' ! will he awarded to The Messenger. 9 1 weekly publication. which previously presented a bid of twenty cents ar | inch as opposed to bids of thirty cents an inch made by The Republican an6 l the Gazette.
 l An ordinance was finally adopted i Wednesday directing that all bicycles l left along the business streets of tho city must be placed in racks already l provided or to be provided ny the city
 at distances of not more than 100 feel apart. On those streets where there are these racks this ordinance will bt in force and penalty of $100 will be
 assessed by the police department whenever a bicycle is picked up alone
 a curh or standing against the wall o | building.
 A draft of resolution to pave cer- tain portions of Third street. was lai(
 over to the next meeting, while on tn, i presentation of a petition for the pay ing of Third avenue and certain cros' streets, the city engineer was in l structed to prepare plans for this work
 Just before adjournment attention
 was called to the fact that the term o | Commissioner MacBean as vice -ehair
 man of the commission had expired. On
 motion of Commissioner MacBean Heconded by Commissioner Dunlap | Commissioner Jones was elected vice.