Year: 1860

SNH~isi
City of Baltimore" Cs The Mayor and City Coun-
Gil of Baltimore Application for n'GndGMns
Reverdy johnson, J. Mason Campbell, William |
Henry Norris and S. Teacke Wallis, Esqrs., for
the reators; j. Meredith, VIM. Price, William
Schley and Thos. S. Alexander for the respondent.
As is we'll known to our readers, the Police bill
which passed at the present session OF the Leg
slature, contained clause looking to the decision
by the Courts of the question to the constitu-
tionalitv of the Act and providing for the issuing
of writ of manddmas in the following words:


SEC IL The said Board shall be- and they hereby
authorized provide themselves with such offices and
office furniture and other things and such clerks and
other subornates they need and to have and
common sea they shall divide the city into the needfu
number of police districts and provide if necessary in
each of them station house houses, with all things
and attendants required for the same and all such other
accommodations be required for the poce the said
Board for the purposes of this article shall have the use of
the fire alarm and police telegraph in said city, and of all
watch
accommodations and things provided by the Mayor and
City Council of Baltimore for the use and service Of the
police created by said Mayor and City Council fully
and to the extent as the now and may be
used by for the said city police and the said Mayor
and City Council and all persons and municipal officers
in charge thereof hereby ordered and required
to allow such accordingly in case the said Mayor
and City Council its officers agents refuse neglect
to allow such and when the shall be requir
ed by said Board the said Board apply to the Supe
Court of Baltimore city, in the name of the State for
amdnddmns to compel compliance with the provisions
of this section and the application therefor shall be heard
and decided by the Court one weeks notice Of the app
cation shall be given and the respondent respondents
shall have the right to answer within the week. and
testimony be needed either side, the same shall be
taken within ten days after the is filed the said
week shall have expired from the decision Of the Supe
Court the premises either party may appeal within
ten days and 1t shall be the duty OF the clerk to SEND up
the record Immediately and the appeal shall be heard by
the Court of Appeals if then in session. and if not in
session at the next term in both Courts the case shall be
taken up and tried in preference to all others.


In accordance with the provisions of the above
m on the Sh day Of the
month, made application to the Mayor for the sur
render of all station houses, watch boxes, &c, as
L L. III
declined to comply. On the 10th inst, therefore,
the Commissioners, by their counsel, Messrs
Reverdy johnson, j. Mason Campbell, Will
liam Henry Norris and S. Teackle Wallis, made
the writ of aaandamus Upon this application,
Judge Martin ordered a hearing in the case on the
27th yesterday provided copy OF the writ be
served upon the Mayor on or before the 18th INST


This order having been complied with, the
Mayor and City Council, by their counsel, Messrs.
Jonathan Meredith, VIM. Price, VIM. Schley and
It. S. Alexander, on the 18th filed their answer
to the writ, to which answer the counsel for the
Commissioners demurred.


l. The points in the case fully presented in the
printed briefs prepared by the eminent counsel on
each side, and which we accordingly subJoln


The counsel for the respondent will maintain in argu
ment, the following positions:


/ By the Constitution of Maryland the City Of Balti-
more is recognized and established as municipal Corpo-
ration Such certain powers faculties and franci
are, by the Constitution secured TO said city, as con-
StaionaL rights.



character and extent of which will appear by just con
Sructon of the Constituton are, respects the es
tabhment of police force in this city, ercluSice of any
power of the legislature except only, to fixing from
time to tme the number of Justices of the Peace and of
Constables.


g. That at all erents, the Legislature has power
vadly, pass any Bill confer powers of faculties
Board, to be exercised within the territorial limits Of
Baltimore in conflict with the police established by the
City of Baltmore-much less as police to act TOR or on
4 That the Bill mentioned in Petition in this ease
for the above stated and for the various additional
suggested in the Answer in this case IS uncosu
tutional and void.


g. That the prayer for a mandamus as prayed in this
case, if granted, would be virtually subverng the City
Government establishing in lieu thereof, anamo
ous body unknown to the Constitution, and utterly in
compatible with its provisions.


g. That the police provided By Constitution for the
City of Baltimore, being intended by that instrument as
entire arrangement complete in all its parts casno
be superseded by the Legislature, in any manner
nterfered with except in the mode pointed out by the
Constitution itself


T. That the power of calling out the military confded
by the Constitution the Governor alone and that under
strict limitations: and the attempt to confer upon the
Board of Police Commissioners the power without
any limitation at all, is repugnant to the Constitution
and void.


s. That the Sheriff. the Justices of the Peace and the
Constabes recognized by the 10Th section of the 4h
article of the Constitution the permanent Police of
the City of Baltimore, and that the Legislature has no
constitutional power to substitute any other permanent
police for that so recognized by the Constitutions


9. That the position upon which the respondent mainly
relies is this That the whole ground covered by the bill
is already preoccupied by the Constitution. That to



the entire arrangement made of the subject by the
Constitution itself That by the terms of the act
the Legislative Police is made to extngush the Cont
tutional Police of the City of Batmore-which cannot
be done unless the law held to be superior to the Con-
stitution.


The relators in answer to the points of objection set
forth in respondents answer will contend


lst That the Legislature had the competency to appoint
the reators TO the offices created by the awwhieh de-
MED by the respondents answer.


Justify e oee at e de e pefnen
power of the State is vested in Shers Justices of the
Peace Constables be elected by the people, and
that the Mayor and City Council of Baltimore have
elusive right organize and control police force like
that existing in the city, and such is provided
in the Police law of the General Assembly passed at its
AS the Legislative power has other limitations than
imposed in the Constitution of the State
the United States and before any powers denied
exclusively vested elsewhere the purpose to this end in
the Constitution must be clear and distinct.


3d. That the Sherns duties and powers and those of
fected bv the Police law of this General Assembly


4th That the Police law does interfere with the
5th That the Legislature has devolved no judicial
powers the Board of Police by enabling them to ex-
anime witnesses, and to affect asconemplaed in the law,
police officers for misbehavior in office.


9th That entirely competent to authorize process
to run beyond the city limits.


7th That the taxing legislative power of the State,
to be deemed dvested out of the Legislature
except by express provisions of organic aw-and it is
doubtful if such provision would prevent their
sumption by the people and their representatives 1t can
be delegated


sth Conferring the of estimating the



and violates no principle of representation.


9th. As municipal corporations are, as respects their
public franchises and property but branches OF the State
Government the State modify and control them and
every power them for the purpose of local
government, which it exert respects any other
State power property-unless restrained by exclusive
limitation in the Constitution


The hearing in the case, therefore, commence
yesterday.


Much interest has been manifested since the is
suing of the writ of mandomus, and many specula-
tons have been entertained to the probable de-
cision of the Court. The Courtroom yesterday
was crowded, both inside and outside the bar, and
the proceedings were listened to attentivey.


William FL. Norris, Esq, one of the counsel,
opened the argument on the part of the Commits
sioners.


Mr.. Norris commenced by saying:
that if the large assembly who present in the
Courtroom expected HIM go over recount and dwell
upon certain facts and events which had ranspired in
this city for few years past showing the nefcency of
the present system of police and the inability of the
guaranteed them by the Constitution, they would be
disappointed he would only refer to them whenever and
wherever it was necessary in the course of his
Certain powers had delegated the city OF Balti
among which to protect the right of suf-
age but since the 1856 that power had not been
used Certain powers had been delegated only for the
establishment of police but to call out the mill
tary whenever occasion should arise demanding
their concurrent action This delegated to the
municipality by the Legislature, and it delegated
because every citizen is entitled to demand from the
preme power certain protection in all his rights of citizen
ship.


II the power delegated is exercised, then the dele
has right TO annul those grants and pro-
tect the citizen itself II the officers whom the power
given protect each individual in the community in
all his rights fail in their duty, then it is the right
of the State by its strong take the power from
them The State is bound protect the citizen irrespec


tive of the action of the local authorities Mr.. Norris
cited several authorities in support of this position He
referred the Staten Island riot the burning Of the qua
antine buildings and said that not arrest made
there by any those in authority because those deega
with powers suppress the riot almost all sym
pahizers with the rioters; some, minority did protest
against these acts but it not until Gov King of New
York brought the military power OF the State to bear
tLA ila srit diardar tramnlei
down and quiet and order resto ed He did this because
of the obligation of the State protect all her citizens
Mr.. Schley-This suppressing a riot.
Mr.. Norris continued-It was because the local
failed to exercise the rights which had been given
them by the State and those few persons who protested
against the proceedings Staten Island, spoke
citizens spoken the Mayors office here from 1856
to 1859 because this power delegated by the State
has not been exercised that the State has been called
upon to revoke these powers and take it upon herself to
protect citizens Ten thousand of the citizens of Bal
more said to the Legislature protected
in rights of suffrage of property of those
rights society in which expect projections
and now demand that revising the past and seeing
that the powers delegated have not been exercised you
shall recall those powers transfer them others who
will protect


The of 1883 creating local police for this city,
gave the power to invoke the aid of the military in
emergencies the Legislature has withdrawn those
powers from the city and placed them in other hands
principal has revoked the delegated of the
agent-hey have given them to others. who If the


acory spirit should again arise they have the power
to exercise that last resort-the sword-to subdue
blood stained men, who have for long the
laws defiance within city.


Two laws have recently been passed. First-the elec