Year: 1859

Gentlemen Of the Common Council:
herewith return to you, with my disapproval,
an Ordinance, passed Oct 18th, 1859, amenda.
tory of an Ordinance for the establishment and
regulation ofthe Police Department.


The doubt which is entertained by, and the diff
ference of opinion which, not without cause, exists
among members ofyour body, as to the legal
operation Of this amendatory Ordinance during
the present quarter, constitute in my mind seri-
Gus objections to the approval of it at this time.


1t is provided by Ordinance that the Policemen
shall continue in Office three months from the
date Of their appointment.


We are now advanced somewhat in the present
quarter and should an election take place now, or
at any time during the quarter, under this amend
ment the question would at once arise as to the
term for which tSe Policemen would be elected.
If for three months, then there would result from
1t new and distinct division of our official year
in regard to the Police Department, which would
certainly be productive of embarrassments and
difficulties in the management Of our government
tai affairs. Those who profess to think different
ly, must have been strangely blind to the conten-
tiOus spirit and strify action which the Council of
this city has almost invariably exhibited when
the Police Department, or any part oft has been
the subject Of its deliberations 1t has been the
chief apple of discord in this body. So paramount
indeed to all the other branches and interests of
our city Government has this Department been
regarded, that when absolute apathy apparently
prevailed, and patriotism seemed quite exhausted
in struggles for the public good, on other mat
ters, the mere sound of the word Police, or word
or motion affecting this Department would act
with electric-like effect in rekndling the fire of
patriotism, and startling members as il by magic
from needless lethargy to vigilant socitude and
determined action. Upon subject exciting and
alFabsorbing as this has ever proven, it is not to
be expected that an Ordinance indefinite and I'M
certain as this is as to time and manner of its ope-
ration, would be otherwise than fruitful of CON
fusion and improbable contention.


At the same time at which this amendatorv Or
dinance passed, which reduces the pay of Captain
fPOlice twenty-five dollars per month, you cleo
ted person to fill that Office for the present quar-.
ter. Can your amendment go into effect against
that officer during this quarter? In my iudg-
ment it cannot; for the that you are power
less to either increase or diminish the salary of
an officer for the term for which he has been
elected. And yet, other time having been
fixed by the Ordinance itself, it should, if good
and perfect law, take effect Immediately after its
approval. But that for the reason stated, it can
not do, unless this corporation Of ours can over
ride constitutional law.


And, if that part of the amendatory Ordinance
is thus suspended in its operation, how, let me
ask, could you impart to the other portions of it
the legal vitality essential IN a perfect and opera
tive law? But should you succeed, by forced
construction, or otherwise, in doing so, will not
the Ordinance be at best deformed, halting hob
bling thing, with life and the power of action in
one part, and the absence of both in other parts
of it? Should you conclude, however, to make it
law, few, think, could avoid the derisive con-
clusion that it was "sent into the world before its
time, scarce half made up"


In the changes of most of its administrations
during the brief existence Of our municipal gov
ernment, the retrenching efforts of the minority
have generally been directed most vigorously
against this branch of government Whether it
is because our police force is really too strong and
too well paid, or because the incumbents therein
obtain position there through the will of the ma
jority is question which suggests itself to
my mind, the solution Of which, however, shall
respectfully leave to you.


WIN. SINGER, Mayor.


Marysville, Oct 2eth, 1859.