The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1921-09-29
Judge Belden Holds That Police Officer Was
Never Given Public Hearing and Re-
stores Him to Force.
NEW HEARING MAY COME SOON
Court in Decision Filed This Morning Declares Facts
Submitted Indicate Amberlang Did Not Have
Notice Provided by State Law

Charles Amberlang, who was removed
from the police force by the board of
police and fire commissioners following
charges of conduct unbecoming an Off
GER, in connection with what was
termed wild night of revelry and
shooting" is restored to his place on
the force by a decision rendered by
Judge E. B. Belden of the circuit court
this morning in which it is held that
the hearing and action of the commits
sion was not within the letter or the
spirit of the statute. 1t is not clear
just what the statutes of Amberlang is
under the decision, but it is believed
that he may report at once for police
duty and that he will be able to collect
from the city all fees which may have
been due to him during the period he
has been out of uniform. The decision
was sent to the attorneys interested
and to the members Of the police and
fire commission just before noon today.
Robinson Says, "Let Him Stay"
l. Henry 3. Robinson; president Of tie
board, when asked in regard to what
further action would be taken, said:
81 don't know as any further action
will be taken. If the court holds that
he is a member of the force, let him
stay there" Mr.. Robinson said that
he reserved the right to change his
mind in the matter after he had read
the decision of the court in granting
the petition of Amberlang and he said
that it was possible that the matter
might be taken up later under re-
hearing which would meet all of the
demands of the Interpretation of the
law as made by Judge Belden.
This will be a matter for the com
mission to decide, following a confer7
ence with the city attorney. 1t is ex-
pected that the matter will come be-
fore the commission at a meeting to
be held on Friday evening. The cir
cult judge did not attempt to pass on
the merits of the commission in the
removal of Amberlang, but the decision
simply applies to the methods followed
by the board in making the removal.
Decision Is Short But POinty.
The decision of the court is short
estate of Wisconsin, Circuit Court
Kenosha County.
estate of Wisconsin, ex rel,
"Charles Amberlang, plaintiff,
VS. Decision.
"Police and Fire Commission of the
City of Kenosha, defendant.
"No proper timely or reasonable
notice of the charges in question or Of
a hearing thereon such as is contem-
plated by statute was given to the re-
lator; nor does it satisfactorily appear
that the relator Understandings waived
the same, that his appearance consti-
tuted any waiver, or that he advisedly
admitted the truth of the charges. For
reasons of obviously sound public poll
cy the statute provides that "all such
hearings shall be public" The hearing
in question was not such public hear
ing as is contemplated by statute.
While the statute does not expressly
provide that notice of the decision of
the Police and Fire Commission shall
be served upon the officer in question
it is certain that proper procedure re-
quires such notice. It does not appear
that any notice was ever given to the
relator by the commission that he was
discharged from the police force The
court is not called upon to now deter
mine or consider the merits of the
charges, but only whether the relator
has been charged, notified, given suit
able opportunity t ODE heard and sus-
pended in the manner provided by law.
"The ruling Of the court is that the
proceeding of the police and fire COM
mission at which it is alleged the re-
lator was suspended from the police
force did not comply with the law or
spirit OF the statute, does not consti-
tute due process of law, that the in
slant proceeding is appropriate and
that prayer Of the REALTORS petition
should be granted. An order may be
entered accordingly.
Slated, September 28th, 1921.
"E. B. BELDEN,