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Brevier Legislative Reports, Volume XXI, 1883, 311 pp.
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AFTERNOON SESSION.

The following described bills were introduced, read the first time and severally passed to the second reading:

By Mr. FERRITER [H. R. 133] providing tor Board of Metropolitan Police Commissioners in all cities of 25,000 or more inhabitants. It provides for the appointment of three Commissioners, who shall receive $400 salary each. It was referred to the Committee on Cities and Towns.

The following is the full text of the bill:

An act providing for a metropolitan police in all cities of 25,000 or more inhabitants, and for the appointment of a Board of Metropolitan Police Commissioners for such cities, and denning their duties and prescribing their power, providing for the appointment of officers, patrolmen and other members of the metropolitan police force of such cities, by such Board and the manner of paying them for their services, and providing tor the abolition of existing Boards of Police and police forces in such cities, and for the abolition of the office of City Marshal in such cities and declaring an emergency.

Section 1. Be it enacted by the General Assembly of the State of Indiana, that in all cities of this State of 25,000 or more inhabitants, according to the United States census when last taken, there shall be established within and for such cities a Board of Metropolitan Police to consist of three Commissioners to be appointed by the Governor, Secretary, Auditor and Treasurer of the State; the said Commissioners to be so appointed shall be of good moral character, sober and discreet, who are citizens of the State of Indiana and shall have resided in such city for at least three years next preceding their appointment. One of the said Commissioners to serve until the first day of January, 1884; one to serve until the first day of January, 1885; and one to serve until the first day of January, 1886, and for the term of three years each, as their successors are appointed and qualified. Said Commissioners shall be subject to removal by the Governor, Secretary, Auditor and Treasurer of the State, or a majority of them. Before entering upon their duties they shall each take and subscribe before such Clerk the further oath or affirmation that in any and every appointment or removal to be by them made to form the police force created and to be organized by them under this act, they will in no case and under no pretext appoint any policeman, officer, or other person or for any other cause or reason than fitness or unfitness of such person, in the best judgment of said Commissioners, for the place to which he shall be appointed, or from which he shall be removed, and the said oath shall be recorded and placed among the records of said Court. The said Commissioners shall each give bond in the final sum of $5,000, payable to the State of Indiana, conditional for the faithful and honest discharge of their duties, subject to the approval of the Governor, Secretary, Auditor and Treasurer of the State, or a majority of them. The salary of the Board of Metropolitan Police Commissioners of such cities shall be fixed by the Governor, Secretary, Auditor and Treasurer of State, which salary shall not exceed $400 each per annum, payable quarterly out of the treasury of such city.

Sec. 2. The said Board of Metropolitan Police Commissioners shall have power to appoint a Superintendent of Police. Captains, Sergeants, Detectives and such other officers and patrolmen as they may deem advisable; said Commissioners shall not have the power to appoint more than one patrolman for each 750 inhabitants in such city. Such Superintendent, Captain, officers and patrolmen shall receive such compensation as the Commissioners shall determine, provided that the compensation for Superintendent shall not be less than $1,000 nor more than $1,800 per annum; that the compensation for Captain shall not be less than $700 nor more than $1,000 per annum; that the compensation for a page: 47[View Page 47] sergeant shall not be less than $600 nor more than $800 per annum; that the compensation for patrolmen shall not be less than $550 nor more than $750 per annum. The compensation for all other officers and employes should be fixed and determined by the Commissioners as in their judgment will be reasonable, and to promote good government in such cities. All persons so appointed shall serve during good behavior, and shall be of good moral character and be able to speak the English language. Such Commissioners shall have power for cause assigned, on public hearing and on du^s notice, according to the rules to be promulgated by them, to remove or suspend from office or for a definite time deprive of pay any officer or member of such police force, except that detectives may be dismissed at any time by said Commissioners, and they shall have power to make general and special rules and regulations for the government and discipline of said force, and to make and promulgate general and special orders to said force through the Superintendent of Police, who shall be the executive head of the force.

Sec. 3. The said Commissioners shall appoint one of their number to act as President, who shall be ex officio a member of the Board of Health of such city, and they shall apoint some person not a member of the Board to act as Secretary and Property Clerk, who shall give bond to said Commissioners in any amount and with sureties to be approved by said Commissioners conditioned for the safe keeping by and his rendition upon the order of the Commissioners of all money and other property which shall come into his hands by virtue of his office, and he shall receive such compensation annually as may be determined by such Commissioners, and hold his office at the pleasure of the Commissioners.

Sec. 4. The qualifications enumeration and distribution of cities and mode of trial and removal from office of each officer and member of said police force, shall be defined and prescribed by rules and regulations of the Commissioners of Police.

Sec. 5. Said Commissioners shall, as soon as they shall have been appointed and qualified, assume and exercise the entire control of the police force of each city, and shall possess full an d exclusive power and authority over the police organization, government, appointment and discipline within such city. It shall have custody and control of all public property, including Station Houses and City Prisons, patrol wagons, books, records and equipments belonging to the Police Department. All existing Police Boards, police officers, police forces, created and maintained by the ordinance or resolutions of the Board of Aldermen or Common Council of such city are hereby abolished, to take effect upon the organization of the Board of Metropolitan Police Commissioners of such city.

Sec. 6. The officers and members of such Metropolitan police forces shall possess all the common law ans statutory powers of Constables, except for the service of civil process.

Sec. 7. It shall be the duty of the Board of Aldermen and Board of Common Council of such city, as shall have two such Boards, and of the Common Council of such city where but one of such Boards exists, to provide at the expense of such city all necessary accammodations within such city limits for Station Houses to furnish the same, to warm and light the same by day and night, and to provide food for person or persons detained in any of said Station Houses, when such food is deemed necessary for such person or persons by the officers in charge; also to provide for the payment monthly of the pay-rolls of the officers, members and employes of such Board of Metropolitan Police Commissioners upon the certificate of the President and Secretary of each Board as to the correctness of the same; also, for such necessary office expenses, record books, stationery, printing, telegraphing, badges, clubs, furniture for rooms, and for the preservation, repair and cleaning of the buildings and rooms used by the Commissioners, for advertising fund, light, board of the prisoners, and for the arrest, conveyance and custody of prisoners, it being the intention and meaning of this section that the necessary expenses incurred in the execution of criminal process for offenses charged to have been committed in such city by the Board of Metropolitan Police Commissioners and the maintenance of the Police Department hereby created within such city shall be a charge to such city.

Sec. 8. The members of the metropolitan, police force shall have the exclusive power, and it shall be their duty, to serve all process within such city issuing from the Mayor or City Judge's ; Court of such city, and all the duties now performed by the City Marshal or his Deputy in serving writs, executing orders of said Court, attending said Court, conveying persons to and from the County Jail or Station Houses of such, city, arraignment or trial before said Court, or conveying prisoners to the House of Correction or Work House, Reform School or County Jail, or ; other place of punishment or imprisonment under the judgment, sentence or order of process of said County shall be performed by members of said metropolitan police force, and the office of City Marshal of such city is hereby abolished, and the duties of such office shall hereafter be performed by the Superintendent of the Metropolitan Police Force of such city, or by the Captain or Sergeants of Police under his direction. i

Sec. 9. No officer or member of such metropolitan police force shall receive for any service rendered by him in discharge of any police duty, or as a witness in any case before the Mayor or City Judge for any duty performed as baliff of such Court any fee or compensation whatever except the regular fixed per diem or yearly allowance made for his services as an officer or member of such police force.

Sec. 10. An person or persons, or corporation or Common Council, or other municipal, Township, County or State officer or officers who shall in any manner interfere or interrupt the Board of Metropolitan Police Commissioners of such city in any act of theirs, or of the police force herein authorized to be created, or shall prevent such Board or force from discharging their duties as defined in this act, shall, upon conviction before the Mayor or City Judge, or before the Circuit Court of said County, be fined not less than $100 nor more than $1,000 and imprisoned for not less than thirty nor more than ninety days for each separate offense.

Sec. 11. The Commissioners whenever it shall seem to them discreet may, upon the application of any person or persons, showing the necessity thereof, appoint and swear in any number of additional patrolmen to do duty at any place within said city, at the charge and expense of the person or persons by whom the application shall be made, and the patrolmen so appointed shall perform duty only at the place designated by said Commissioners. They shall continue in office at the pleasure of said Commissioners for a term not exceeding one year, shall be subject to and obey the orders, rules and regulations of said Commissioners and conform to the general discipline of the police force of such city, and to such special regulations as may be made by such Commissioners for their government; and the persons so appointed may be removed at any time by the Commissioners. The Commissioners may, upon emergency, with the written consent of the Governor of the State and Mayor of such city, appoint such number of special patrolmen as they may deem advisable, but such special patrolmen shall serve for not exceeding seven consecutive days, unless their employment for a longer period shall be ap page: 48[View Page 48]proved of by the Police Commissioners of such city. and special patrolmen shall be paid in the same manner and at the same rate as herein provided for the regular police force.

Sec. 12. It shall be unlawful for any patrolman or other member of said force while on duty to solicit any person to vote at any general or special election for any candidate or candidates for office, or to challenge any voter, or in any manner attempt to influence any elector at such election, and any patrolman or other member of said force shall be fined in any sum not less than $10 nor more than $50, and be dismissed from service.

Sec. 13 The Superintendent, Captains and other officers of said force shall each give bond in <he final sum of from $1,000 to $3,000, to be determined by the Commissioners, conditioned for the faithful discharge of their several duties.

Sec. 14. All laws and parts of laws coming in conflict with this act be and the same are hereby repealed.

Sec. 15. Whereas an emergency exists for the Immediate taking effect of this act, therefore the same shall be enforced from and after its passage.

By Mr. HOWLAND [H. R 134] to amend Section 1 of an act providing for the regulation of stock running at large. It was referred to the Committee on Agriculture.

By Mr. WILSON, of Marion, [H. R. 135] requiring notice to municipal corporations by persons receiving injury on account of any neglect by officers of corporations within thirty days It was referred to Committee on Cities and Towns.

By Mr. WILSON, of Marion, by request [H. R. 136] providing for the sale and exchange of unserviceable military stores. It was referred to the Committee on Military Affairs.

By Mr. ANTRIM [H. R. 137) to amend Section 5 of an act to amend an act providing for a general system of Common Schools. It was referred to the Committee on Education.

Mr. STEWART, by request, presented certain claims, which were referred to the Committee on Claims.

By Mr. SHOCKNEY [H. R 138] to amend Section 1 of an act to amend Section 8 of an act providing for a general system of Common Schools. It was referred to the Committee on Education.

By Mr JEWETT [H. R. 139] to amend Sections 75, 79 and 93. the same being Sections 1,648, l,652 and 1,666 of the Revised Statutes of 1881, of an act concerning proceeding in criminal cases. It was referred to the Committee on the Judiciary.

Mr. SUTTON presented a claim from Neal & Co., contractors, for iron work on the new Insane Asylum building, and asked that the Legislature provide for their relief. It was referred to the Committee on the Judiciary.

By Mr. MUTZ [H. R 140] to regulate the tariff for freight and passenger fare on the railroads in Indiana. Referred to the Committee on Railroads.

By Mr. BEST [H. R. 141] to amend Section 60 of an act concerning elections and the contesting thereof, the same being: Section 322 of the Revised Statues of 1881. It was referred to the Committee on Cities and Towns.

By Mr. SENDERSON [H. R 142] to amend Section 142 of an act, the same being Section 2,105, Revised Statutes, concerning public offenses. It was referred to the Committee on Rights and Privileges of the Inhabitants of the State.

By Mr. HENDERSON [H.R. 143]to amend Section 7 of an act supplemented by an act, being Section 3,441 of the Revised Statutes of 1881. changing time of settlement of School Trustees with the County Commissioners. Referred to the Committee on Education.

By Mr. HUSTON [H. R. 144] prohibiting Railroads and Transportation Companies from giving or offering to certain public officers reduced rates. It was referred to Committee on Railroads.

PAY OF EMPLOYES.

Mr. McMULLEN offered a resolution Allowing the Assistant Doorkeeper and other employes $5 per day, and the pages $2 per day.

The resolution, on motion of Mr FRAZIER. was referred to a Special Committee of Three, which Committee subsequently reported in favor of adopting the resolution.

The report of the Committee was concurred ini

CALENDAR OF BILLS.

Mr. GORDON offered a resolution, which was adopted, that the Clerk be instructed to have printed and lay upon the desk of members each Monday morning a complete calendar of bills.

KANKAKEE RIVER SURVEY.

Mr. McMULLEN offered a resolution that 500 copies of the report of the Kankakee River survey be laid on the desk of members.

Mr. HEFFREN moved an amendment by adding the words "Provided that the reports have been printed."

The resolution was adopted as amended, after an ineffectual motion to lay it on the table.

ASYLUM FOR INEBRIATES.

Mr. WILLIAMS, of Sullivan, offered a resolution which was adopted, that the Committee on Temperance be instructed to inquire into the necessity of constructing an asylum for the compulsory treatment of confirmed inebriates.

INTEREST ON SCHOOL FUNDS.

Mr. SMITH, of Tippecanoe, offered a resolution that it be the sense of this House that the rate of interest on school funds shall not be less than 7 per cent.

Mr. McMULLEN opposed the resolution and said that so far as bis County Is concerned school money has been lying in the office unused because the rate of interest was too high. The current rate of interest is only 6 per cent. He was opposed to that resolution.

Mr. MUTZ was willing that the resolution should be referred to the Committee on County and Township Business.

Mr. HEFFREN was opposed to the resolution,, and said we have in Washington County $10,000 of school fund lying unused because; it has to be loaned at 8 per cent. He moved to lay the motion on the table.

The motion was agreed to.

The House adjourned till 10 o'clock a. m. to-morrow.

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