The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1919-08-08
Solicitor Submits Opinion.

It became known about ten days OF
more ago that n movement was on FOOT
10 unionize tho members Of the police
force and to ask for the affiliation Of the
proposed union with tho Ohio Valley
Trades and Labor Assembly. Acting
upon this knowledge. City Manager
Ephlin requested Solicitor O'Brien to
submit an opinion as TO whether it would
be proper for the city to give its assent
to such q step.
Mr.. OBricn after giving the question
his careful consideration. yesterday sub
mitted an opinion. in tho form Of let
ter, to the city manager. The solicitor
takes the view that II not only would
be highly improper and wrong for the
city TO give. such assent. but 1t would
be absolutely dangerous for the people
OF the community to allow such an or
ganization TO be perfected.
The solicitor points out that In case
the policemen were unionizcd and should
call a strike no citizen could be induced
to place himself in the light OF 'scab
-sbingr BY taking tho the striking police.
mems places and tho city would there
fore be left without police protection.
The solicitor further suggests that Tic
policemen have taken an oath TO serve
the city. In cas-" they join 4 union. he
points out. they must take an oath 70
ebide by it's rules and orders. In case
Of controversy between city and union.
the solicitor holds. tho officers would
have to violate orc oath or the other.
The effect Of the solicitors opinion Is
that a pollccman's first duty is 10 tho
public and that thcy must know no sides
or causes. which could not be true If
they are allowed to unonize.
H. IL
ager and solicitor will carry this mat
4 ter before council and place tn" matter
sauarely up to that body. and 10 tho
! Judgment Of tho citizens Of Wheeling.
!. 30 per cent OF which. the solicitor says.
are strong believers in and supporters
: Of union labor. but who do not believe
that II is right for police officers to join
a movement which. by its very nature,
would cause them to take sides in con-
troversy.
City Solicitor O'Rrien's letter follows:
August !, 1919.
I Mr.. Charles q. Ephlin.
sCity Manager
- Wheeling. ". Va.
Dear Sir: have given careful thought
and study to tho matter submitted to me
as to whether the city should give it's
assent TO tHG FORMATION ny inc pClltNN
j department OF n union and OF it's then
: facilitating with the regular organized
trades assembly. and am convinced that
Il would not only b" highly improper and
wrong for the city to give such an as
sent. but It would be- absolutely danger
!, Gus for the people Of this community To
allow such an organization to b" per-
fected. Every official in the city and
fully ninety to0ee) per cent Of our c:.-
izens are strong believers in and SUP
porters OF union labor. but they do NOT
believe that il is proper or right for
police officers who must be neutral in
the performance of their duties. and
must know no sides or causes. except
the preservation OF law and order. to
Join a movement which. by it's very ma
& 9ure. would cause them TO take sides.
: You can readily see. as must everybody.
that should these policemen strike. either
) for good or bad cause. tho city would be
,nsotally without police protection. Our
people would be subjected to the dangers
y OF riot, rapine, murder and all other
crimes. and we could not I'll their places
with others. because no man in the city
OF Wheeling would "scab" and under our
charter We could not employ others out
side OF the city. Again lct me suggest
; that your police officers have taken an
oath Of office TO serve the city. If they
7 jofn q union they must take an oath to
q abide by it's rules and orders. and thus
serve 1t. Should the union get into con-
/" froversy with the city. which oath would
these men obey' They would be COM
PEELED to violate one or the other. 7 am
Convinced that the good Judgment Of the
police officers themselves will lead them
to oppose any movement in the direction
suggested They arc all high-class men
and have the city's welfare at heart. and
I believe that If you will call to their