Beavers v. Armistead

• Decision Date: 24 November 1923
• Docket Number: 3738.
• Citation: 120 S.E. 526,156 Ga. 833
• Parties: BEAVERS v. ARMISTEAD ET AL.
• Court: Georgia Supreme Court

120 S.E. 526

156 Ga. 833

BEAVERS v. ARMISTEAD ET AL.

No. 3738.

Supreme Court of Georgia

November 24, 1923

Syllabus by the Court.

The police committee appointed under the charter and ordinances of the city of Atlanta has jurisdiction, by a statutory proceeding as provided in section 2071 et seq. of the 1910 Code of the City of Atlanta, to inquire into the "efficiency" (as defined in said sections of the City Code) of the chief of police of the city, and to render judgment. They also have jurisdiction, under the provisions of section 2014 of the City Code, after charges have been preferred and the officer has been afforded an opportunity to be heard, to try the chief of police for neglect or breach of official duty.

The proceeding by the police committee in trying the chief of police in either of the instances above indicated is the exercise of judicial or quasi judicial powers, and in any such proceeding the police committee is a special judicatory to which the writ of prohibition will lie in a proper case. City of Macon v. Anderson, 155 Ga. 607, 117 S.E 753.

The writ of prohibition will lie against this committee in such a proceeding only when it is without jurisdiction, or acts in excess of its jurisdiction. City of Macon v. Anderson, supra; Jackson v. Calhoun, 156 Ga. 756, 120 S.E. 114.

Such committee having jurisdiction in a proceeding charging the chief of police with inefficiency, the writ of prohibition will not lie to restrain the committee from trying that officer, on the ground of lack of jurisdiction, or of excessive exercise of jurisdiction.

(a) The committee having jurisdiction, if it should improperly decide the case against the officer, he would have an adequate remedy by certiorari to review the finding or judgment of the committee, if the same should be adverse to him. Jackson v Calhoun, supra.

(b) In this case the proceeding was against the officer under section 2071 et seq. of the City Code of Atlanta of 1910 under a charge of "inefficiency," as defined in those sections of that code. If the charges against the defendant fail to state a case, the officer can take advantage thereof by a demurrer, or motion to dismiss, or by objection to evidence, or otherwise; and, should the committee make rulings adverse to him, he has an adequate remedy to review the rulings by certiorari.

The plaintiff also seeks to prohibit the police committee from proceeding in this matter, on the ground of prejudice and bias entertained by its members against the petitioner. As such bias or prejudice...