Norton v. Adams

CourtRhode Island Supreme Court
Writing for the CourtSTINESS, C. J.
Citation24 R.I. 97,52 A. 688
Decision Date12 April 1902
PartiesNORTON v. ADAMS.
52 A. 688
24 R.I. 97

NORTON
v.
ADAMS.

Supreme Court of Rhode Island.

April 12, 1902.


Quo warranto on relation of George J. Norton against Rufus W. Adams. Heard on petition for writ Petition dismissed.

Argued before STINESS, C. J., and TILLINGHAST and ROGERS, JJ.

Franklin P. Owen, for petitioner.

John P. Beagan and William C. Bliss, for respondent.

STINESS, C. J. Pub. Laws, c. 964, in February, 1872, authorized the towns of Westerly

52 A. 689

and East Providence to provide for a day and night police. Accordingly an ordinance was passed by the town of East Providence, which provided: "The permanent police force of the town shall consist of a chief of police and such number of police constables as may be required by the laws of the state, the ordinances of the town," etc. "The officers of the police force shall consist of a chief of police," etc. "The chief of police shall be at the head of the police department and shall have precedence and entire control of the department, its officers and members, when engaged in the service of the town. He shall devote his entire time to the affairs of the town," etc. This officer was not a mere police constable, but a member of a paid force, similar to those in cities, and the office of chief of police was thereby made a new and distinct town office. His tenure of office is not that of police constables, who continue in office, "during the pleasure of the town council and no longer." Gen. Laws, c. 40, § 34. It must, therefore, be that of town officers, since no other term is fixed. Id. c. 39, § 19, fixes the term of such officers "until the next annual election of town officers, and thereafter until their successors shall be lawfully qualified to act; unless It is expressly provided to the contrary." Consequently the election of the respondent, Adams, in November, 1901, was according to this provision. But Pub. Laws, c. 964, cited above, gave to the town councils the right to remove all officers by them appointed, "for misconduct or incapacity, at any regular meeting." Acting under this authority, the record of a regular meeting of the town of East Providence, held April 2, 1902, shows the following entry, which the agreed statement of facts states was passed as a vote: "I hereby move that under section 2, chapter 964, of the state laws, relating to East Providence, Rufus W. Adams, by reason of incapacity due to increasing age and physical defect, be removed from the positions of police constable,...

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12 practice notes
  • State ex Inf. McKittrick v. Williams, No. 36718.
    • United States
    • United States State Supreme Court of Missouri
    • November 9, 1940
    ...244, 89 Pac. 755; Benson v. People, 10 Colo. App. 175, 50 Pac. 212; Schaffer v. Jackson, 106 Okla. 194, 255 Pac. 961; Norton v. Adams, 24 R.I. 97, 52 Atl. 688; 22 R.C.L. sec. 268, p. 563. Public officers cannot be removed except on definite charges constituting the offense defined in the go......
  • Rockefeller v. Hogue, No. 5--4594
    • United States
    • Supreme Court of Arkansas
    • May 27, 1968
    ...supra; Mechem, Public Officers, § 454, p. 287; State ex rel. Beck v. Young, 154 Neb. 588, 48 N.W.2d 677 Page 91 (1951); Norton v. Adams, 24 R.I. 97, 52 A. 688 (1902). See, also, Annot., 135 Am.St.Rep. 256. The use of the word 'hearing' implies certain essential elements as quoted in Wiscons......
  • J. M. Mills, Inc. v. Murphy, No. 73-301-A
    • United States
    • United States State Supreme Court of Rhode Island
    • February 26, 1976
    ...153 (1963); Cugini v. Chiaradio, 96 R.I. 120, 189 A.2d 798 (1963); Aniello v. Marcello, 91 R.I. 198, 162 A.2d 270 (1960); Norton v. Adams, 24 R.I. 97, 52 A. 688 (1902). Whether the municipal council has succeeded in satisfying those preconditions in a given case is a question that may be ra......
  • Chace v. City Council of Providence
    • United States
    • United States State Supreme Court of Rhode Island
    • March 23, 1914
    ...of appointment and removal of the chief of police to the city council by the express terms of the charter. In the case of Norton v. Adams, 24 R. I. 97, 52 Atl. 688, the court had under consideration chapter 964, Pub. Laws R. I., passed February 21, 1872, under which the town council of East......
  • Request a trial to view additional results
12 cases
  • State ex Inf. McKittrick v. Williams, No. 36718.
    • United States
    • United States State Supreme Court of Missouri
    • November 9, 1940
    ...244, 89 Pac. 755; Benson v. People, 10 Colo. App. 175, 50 Pac. 212; Schaffer v. Jackson, 106 Okla. 194, 255 Pac. 961; Norton v. Adams, 24 R.I. 97, 52 Atl. 688; 22 R.C.L. sec. 268, p. 563. Public officers cannot be removed except on definite charges constituting the offense defined in the go......
  • Rockefeller v. Hogue, No. 5--4594
    • United States
    • Supreme Court of Arkansas
    • May 27, 1968
    ...supra; Mechem, Public Officers, § 454, p. 287; State ex rel. Beck v. Young, 154 Neb. 588, 48 N.W.2d 677 Page 91 (1951); Norton v. Adams, 24 R.I. 97, 52 A. 688 (1902). See, also, Annot., 135 Am.St.Rep. 256. The use of the word 'hearing' implies certain essential elements as quoted in Wiscons......
  • J. M. Mills, Inc. v. Murphy, No. 73-301-A
    • United States
    • United States State Supreme Court of Rhode Island
    • February 26, 1976
    ...153 (1963); Cugini v. Chiaradio, 96 R.I. 120, 189 A.2d 798 (1963); Aniello v. Marcello, 91 R.I. 198, 162 A.2d 270 (1960); Norton v. Adams, 24 R.I. 97, 52 A. 688 (1902). Whether the municipal council has succeeded in satisfying those preconditions in a given case is a question that may be ra......
  • Chace v. City Council of Providence
    • United States
    • United States State Supreme Court of Rhode Island
    • March 23, 1914
    ...of appointment and removal of the chief of police to the city council by the express terms of the charter. In the case of Norton v. Adams, 24 R. I. 97, 52 Atl. 688, the court had under consideration chapter 964, Pub. Laws R. I., passed February 21, 1872, under which the town council of East......
  • Request a trial to view additional results

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