Evening journal., 1918-01-05
COPS ARE FINED
UNDER STATE Law
CONTINUED From FIRST PageJ


the system Of imposing fines on mem
bers Of the police force for derellction
Of duty. We lrst desire 70 submit 10
you the following authority and legal
right for this method.
An ordinance passed by the City
Council, at City Hall, December p.
1871, for the regulation Of the police
department, states at Section g Should
any policeman neglect or refuse to per-
form the duties Of his office he
shall. for every such onence' ne Hneu
not less than ten dollars, or be sus-
pended or discharged at the discretion
OF the Mayor
CHAPTER 223. Volume 10. Laws Of Della
ware. enacted May IS, 1891. states: In
carving out and eneciing the pur-
poses and object Of this Act, the said
Board Of Police Commissioners shall
hp clothed with all the powers and
stand in the same position in relation
70 the organization, control and man
agement Of the police force os mat
occupied by the Mayor
The Act Of the General Assembly.
passed 90 Dover, April IS, 1895, which
is the Act under which the present
BOARD OF Police Commissioners Is op-
GRATING in the same identical language,
gives 10 the Police Commissioners the
same powers as those enjoyed by the
earlier commission and still earlier by
the Mayor. 80
Furthermore, the Act Of April is
1893. expressly states in Section s; the
ordinances, rules and regulations Of the
said city now in force, relating TO the
police department, shall remain ~
force until the same are changed III
whole or In part by tho SAID boaro ol
Police Commissioners.
The rule under which the Board OF
Police Commissioners is now acting
adopted May i3, 1902, reads as iolloWs
ANY member Of the police force mas
bo punished by the Board Of Police
commissioners In their discretion
either by reprimand. Withholding pa!
for period not exceeding thirty dayi
for any one offense, BY suspension
from active duty for period OF no
more than two weeks, or by dismlssd
from the foree upon conviction CT an
of the following offences.
n would seem clear that the boar
has an unchallenged legal right 10 nm
members OF the force for derelicilon o
duty. A..
THE ordinance under which. the Moyo
managed the police. force gave ium IN
right 10 fine not less than ten dollars
The 1902 rule. under which we are op
craline provides that q days pay shal
no ihe unit for determining the anoun
of fine We imagine that members O
Inc force feel that they are punishe
in accordance with the amount
money they arc fined, whether sue
amount be a Tat amount, say ten 90
lars or twenty dollars. OF. whether sue
amount IS the equivalent OF Two, thre
or five DAYS pay. 10 IS the amount
money that measures the punlshmeI
certainly. and not the manner IN whic
the amount OF money p computed.
THE chief reason why we prefer
reckon fines on The days pay basis
mai we regard il as a more Just basi
inherent members of the force rece'
diferent salaries u Is certainly mol
culpable for highly paid ranking on
Ger 10 be derelict in duty than lot
new patrolman. For this reason tnr,
days' pay fine for sergeant rlsht
amounts TO more than the same perl'
fine for o patrolman on the lowest sa
airy basis. This surely must CONNER
Itself 10 your judgment.
In addition were NNe to fine ponc
men nat amounts. differing accordin
Is 10 the offense, we are sure mat u
varying amounts Of such fines wou
be the occasion for constant dissatl
faction. Il would be humanity impo
sible. taking into consideration I'm
imposed from time 20 time to- arri
at a Just amount 70 fine under eve
circumstance
We trust we have answered your
Guirles. and that in the future, wh
,naRine a charge such as the failu
" This commission 10 carry out .
APPROXIMATION made by Council tn
YOU will obtain the proper inform
ton before making the charge
Yours very truly
The Board Of Police COMMISSIONS
GEORGE BLACK,
Secretary
The communication to the Vote
Non-Psrtisan League follows:
Wilmington, Del Jan. ., 1918
Voters Non-partsan League or De
ware. No, 4 West seventh street. W
mington, Delaware Attention Of
z. NJ. Davis.
Gentlemen: We beg TO reply furtl
IN YOUR favor of December iith.
are greatly culpllstu dt ilc ivhc
your letter an dat the apparent mani
In which YOU have arrived at conc
sions. very bluntly stated, with so VI
few facts In your possession. II a
officer or member OF your organizat
had taken the trouble TO ask a Z
questions, Il would have been pl
even 20 YOU that there would hi
been no necessity for many Of
eplthets contained in your letter OF
i4th. However, as public officials
.hnIl .ndaaun. "a anlirhIan Nnli-