Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1918-07-18
HAS NO JURISDICTION IN
POLICE CUSTER CASES
Judge Richardson Holds Mayors
Authority to BE Original
and Exclusive.
RENDERS LENGTHY OPINION
Charter Amendment Puts Police on
GERS Directly Under Mayor and
Subject to iIim-Constitution
OF Act Not Mentioned.

Judge d. G. Richardson OF the
Hastings Court. handed down his opin-
ION yesterday morning in the case OF
Police Captain George r. Pollock.
against whom custer proceedings had
been Instituted by Commemorative
Attorney George +. Wise. upon the
recommendation of tho grand jury
which probed at length into the police
scandal. The Pollock case served as
test action, and the decision Of the
judge that tho Hastings Court had no
jurisdiction in the matter. and that tho
MAYOR authority as 20 suspension and
removal OF police officers was original
and exclusive. caused the custer cases
pending in the Hastings Court against
Chief OF Police G. y. Sherry, Captain
George f. PoHoc&. Detective L. c.
Bertucci and Policeman c. a. Strain to
be stricken from the docket
AZ TO the constitutionali,y of the
custer Law. Judge Richardson gave no
opinion. His decision. which was con-
fined to the jurisdiction Of the court
in the matter, part. is as follows
plea to the Jurisdiction OF this
court in this case VIII now be consid-
cred. and Is a-s follows: This defend
ant. in his own proper person. comes
and moves the court 10 take no further
cognizance OF the complaint filed here
in. and moves the court to abate and
dismiss the same for lack of jurisdic-
ton. in this, to-wit:
HOLDS CONSTITUTIONAL METHOD
EXCLUSIVE FOR REMOVAL
First. that the act OF the General
Assembly OF Virginia, approved March
81. 1916. known as the custer law
does not apply 10 a police officer of the
city Of Richmond. because tho consti-
tuition Of the State OF Virginia, by Sec
tion 40, vests in the Mayor tho power
of removal of police officers for mis-
conduct in Office and neglect Of duty.
and. further brcauSe the General AS
sembly OF Virginia passed two GER
tain acts pursuant 10 said constitutional
requirement authorizing the Mayor TO
remove officers Of the Police Depart
ment for misconduct in Office or neglect
Of duty.
Second. that the constitution. hav-
ing declared the manner in which a
police officer may be removed. tho
constitutional method is exclusive and
must be pursued, and the Legislature
has no authority TO vest that power IN
any other tribunal. Third. that the act
known as the custer law excerpts in
terms such officers as are by the con-
sti,ution removable only and exclu-
provided by This act and. therefore.
does not apply 20 police officer OF the
city Of Richmond.
This plea does no, in any manner
raise any question as 10 the ccnstitu-
tionnli,v az the act approved March
81 1915 ,Acts 1916 page 1919. known
as the custer law and this court l.
not called upon. anj does not decide
any such question in This case. II IS
4 plea TO the jurisdiction % this court
IN this class Of cases. and is based
uNon the execution IN tho act itself. in
which II IL said that the eCi shall not
apply in the case Of such officers a
are by the constitution removable only
and exclusively by methods other than
those provided by this act