Johnson v. State ex rel. Davis

• Decision Date: 18 December 1901
• Citation: 132 Ala. 43,31 So. 493
• Parties: JOHNSON v. STATE. [1]
• Court: Alabama Supreme Court

31 So. 493

132 Ala. 43

JOHNSON v. STATE. ^[1]

Supreme Court of Alabama

December 18, 1901

Appeal from circuit court, Jefferson county; A. A. Coleman, Judge.

Information in the nature of quo warranto on the relation of the state against John Johnson. From a judgment for relator, defendant appeals. Affirmed.

p>Page Bowman, Harsh & Beddow, for appellant.

Weaver & Leatherwood, for the State.

SHARPE J.

Prior to December 12, 1892, the appointment, regulation, and control of policemen in the city of Birmingham was by the chartering acts of that city vested in the board of mayor and aldermen of Birmingham. While that system prevailed, that body, under general powers conferred by the charter, adopted an ordinance which declared "All city officers now or hereafter provided for must be residents and qualified electors of the city." On the date referred to, the general assembly enacted a law (Acts 1892-93, p. 177) to establish for Birmingham a "board of commissioners of police," with power, as expressed in the statute "to appoint a chief of police and such other police officers and policemen as is or may be prescribed by city ordinance," and to "exercise full directions and control of the officers and members of the police force in conformity to existing laws and ordinances, and such as may be made in future on the subject" (Id. p. 178 § 4), and with power also to remove such appointees according to a mode to be prescribed by city ordinances. On February 18, 1895, another act of the general assembly was approved which, without mentioning the former act or city ordinances defined the powers and duties of the board of police commissioners by providing, among other things, that they shall "have the sole and exclusive power and it shall be their duty to appoint a chief of police, a night captain, and such other police officers and patrolmen as they may from time to time deem necessary for the proper police protection of said city, and shall exercise full and exclusive direction and control of the officers and members of the police force and shall have the exclusive power to establish and ordain rules and regulations for their government" (Acts 1894-95, p. 1153); and the same act commits to those commissioners the duty of prescribing salaries and rules for the government and removal of policemen. By this record no other ordinance is brought to view whereby the construction of the ordinance here in question can be aided, and, standing alone, the latter seems to include in its requirements officers of the city without exception. Policemen receive their appointment and authority by law. Their duties relate to the maintenance of...