Reynolds v. Mayor

• Decision Date: 02 December 1901
• Citation: 50 A. 645,23 R.I. 370
• Parties: REYNOLDS v. MAYOR, ETC., OF CITY OF PAWTUCKET.
• Court: Rhode Island Supreme Court

50 A. 645

23 R.I. 370

REYNOLDS

v. MAYOR, ETC., OF CITY OF PAWTUCKET.

Supreme Court of Rhode Island.

Dec. 2, 1901.

Petition for writ of certiorari by Charles R. Reynolds against the mayor, etc., of the city of Pawtucket, to review the record of proceedings for the removal of a police officer. Writ issued.

Hugh J. Carroll, for plaintiff.

Edward W. Blodgett, for defendants.

STINESS, C. J. This petition for a writ of certiorari is based upon several grounds, only one of which needs to be considered at present. In the charter of Pawtucket is this clause: "Provided, that members of the paid police department of said city shall not be subject to removal from office at any time except for misconduct, or incapacity of such character as the board of aldermen may deem a disqualification for said office, and all such removals shall be by the board of aldermen, upon charges made in writing and of which the officer complained of shall have had notice and an opportunity to be heard thereon; and provided further that the chief of police may at any time suspend any police officer from his office until the adjournment of the next meeting of the board of aldermen, at which meeting he shall report any and all such suspensions with his reasons therefor." Charter, § 4, cl. 2; Pub. Laws, c. 895, March, 1901. Under this authority the chief of police suspended the petitioner June 28, 1901, and made his report to the board of aldermen, as follows: "Pawtucket, R. I., July 9, 1901. To the Hon. the Board of Aldermen of the City of Pawtucket—Gentlemen: Respectfully represents the undersigned, chief of police of the city of Pawtucket, and in accordance with the provisions of the city charter, reports to your honorable body that on the 28th day of June, 1901, I suspended Patrolman Charles R. Reynolds for conduct unbecoming an officer for three days, and at the end of that period continued the suspension. Said officer was reinstated by the mayor July 2, 1901. The reasons for my suspension of the officer were as follows: Warrants had been issued against Louisa Johnson and Emma Martin for larceny of bicycles. Said officer had been notified of the warrants, and ordered to arrest the persons against whom they were issued. The two persons, when afterwards arrested, said that Officer Reynolds met them with the stolen bicycles in their possession, and told them where to leave the wheels, and that he would send for the 'hurry-up' wagon, and take the wheels to the station; and for the...