Police force shall be appointed. ing in the public streets, roads, places and highways, to report all leaks or other defects in water pipes and sewers to the proper authorities, to provide a proper force at every fire, in order that thereby the firemen and property may be protected, to protect strangers and travelers at steamboat and ship landings and railway stations, and generally to obey and enforce all ordinances of the city council, criminal laws of the state and United States. Whenever any crime shall be committed in said city, whether the person or persons accused or suspected of being guilty shall flee from justice or not, the superintendent of police shall immediately report to the chief of detectives all facts which may have come to his knowledge concerning the offense, or the accused or suspected parties; and the board may, in their discretion, authorize any person or persons belonging to the police force to pursue and arrest such accused or suspected person or persons, and return them to the proper criminal court having jurisdiction of the offense for trial. Section 4. The police force of such city shall be appointed by said board, and be composed of a superintendent of police an inspector of police (whose duty it shall be to act under the direction of the superintendent of police, as his deputy or assistant, and perform such other service as may be required of him by the board of police commissioners or the superintendent of police), so many lieutenants of police, not to exceed twenty, so many police-court officers and station Number of lieutenants, police-court house keepers as may be necessary, and so many watchmen, officers, and patrolmen. Compensation. Appointments. or patrolmen, not to exceed three hundred Said board of police commissioners shall, upon the passage of an ordinance or resolution, and the making of an apppropriation therefor and in conformity with such resolution or ordinance by the common counsel of such city, employ and equip mounted policemen, in such manner, for such compensation, and for such districts within the corporate limits of such city as shall be prescribed by the common council of such city. The officers and members of such police force shall receive such compensation as shall be fixed by said board: provided, that the superintendent of police shall not receive a salary exceeding twenty-five hundred dollars ($2500), eight hundred dollars of which sum shall be paid by the county in which such city is situated. The inspector of police shall receive a salary not exceeding fifteen hundred dollars ($1500), lieutenants not exceeding nine hundred dollars ($900), police-court officers not exceeding eight hundred dollars ($800), patrolmen not exceeding eight hundred dollars ($800), and station-house keepers not exceeding six hundred dollars ($600) per annum each. Each member and officer of the police force shall be a citizen of the United States, and a resident citizen for three years of the city in which he shall be appointed, and able to read and write the English language understandingly. Appointments on the police force shall be for during good behavior and physical movals may be made. Powers of and mental ability to discharge the duties attached to such appointment; and no member of said police force, unless When rephysically or mentally disabled, except the superintendent and inspector, shall be removed until written charges shall be preferred against him for neglect of duty, misconduct, or for the violation of any of the laws of the state, or ordinances of such city, or rules and regulations of the board. All such charges must be in writing, and notice served on the person charged, who may defend, by himself or counsel, in accordance with the rules and regulations adopted for the government of said police force. The board shall have power to examine into the truth of all charges against members of the board. said police force, and if such charges are found to be true, the board may reprimand, suspend, fine, or dismiss any member from the police force so offending, but in case of fine the amount may be forfeited-out of the member's pay; in no case, however, shall the forfeiture in any one case exceed thirty days' pay. All fines derived from this source shall, when collected, be paid into the city treasury to the credit of the "police relief fund." No person who shall, for cause, have been removed from the police force established by this act, shall be reappointed by the board of police commissioners to any office in the said police force, except by the unanimous consent of the board. Any lieutenant of the police force may, at any time, by the unanimous vote of the board, and without written and specific charges being preferred against him, be reduced to the rank of patrolman and ordered to patrol duty. Section 5. The superintendent, clerk of the police department, and inspector of such police force shall be appointed and removed at the pleasure of said board. The board shall have power to detail members of the regular force to act as secret detectives, who shall be under the control of the said board and the superintendent; and said board may allow such secret detectives, as extra compensation, in any one year, a sum not exceeding one hundred dollars each. Section 7. The said superintendent of police shall give a bond for the faithful discharge of his duties in the sum of twenty thousand dollars, to be approved by the board and the city solicitor, which shall be filed in the city clerk's office, and thereafter, under the direction and control of the board, he shall have command and control of the police force of such city. Fines, and collection of same. Lieutenants may be re duced to the rank. Appointment of superintendent, clerk of police board, and inspect ог. special, and Each officer and member of the police force, also each pri- Oath of povate policeman, special policeman, and substitute police- lice force, man, before entering upon the discharge of his duties, shall private, take an oath before any one of the police commissioners, all of whom are hereby empowered to administer the same, to police. well and faithfully discharge the duties of his office. Said oath shall be subscribed to by the person taking it, and shall be filed and preserved in the office of the police com Bond. Police shall not receive fees, etc. Duties of police commissioners and police on election day. Wear uniform. How vacancies shall be filled. missioners, and the inspector of police. And each lieutenant of police shall give a bond in the sum of five thousand dollars; and each patrolman shall also give a bond in the sum of one thousand dollars. with sureties to the satisfaction of the board and city solicitor, for the faithful discharge of his duties, and for the payment of any damages that may be adjudged against him by any competent tribunal, for the illegal arrest or imprisonment, or injury by him of any person. No member of the police force shall receive, or share in for his own benefit, under any pretense whatever, any present, fee, gift, or emolument, for police services, other than the regular salary and pay, except by the consent of the board and superintendent, publicly given. Nor shall any member share in or receive any fee, gift, or reward from any person who may become bail for any arrested, accused, or convicted person, or who may become surety for any such person on appeal from the judgment or decision of any court or magistrate, or any fee, gift, or reward, in any case, from an attorney at law, who may prosecute or defend any person arrested or prosecuted for any offense within the county within which such city may be situated; nor shall any such member either directly or indirectly interest himself or interfere in any manner whatever in the employment or retainer of any attorney to aid in the defense of any person arrested or accused; and for any violation of either of the foregoing provisions, the person so offending shall be immediately removed from the police force. Section 8. It shall be the duty of said board of police commissioners to detail on the day of any primary or other election in such city, one or more patrolmen, as they may deem necessary, to each election poll, and to provide ballotboxes for use at any and all such elections, and to see that the arrangements for voting at such polls are such as to prevent any avoidable crowding of voters, and that the challengers of all parties have fair and equal room, rights, and privileges, for the discharge of their duties at such polls, and that the judges of the election at such polls are fully protected from any and all interference with the counting of the votes in a legal, orderly, open, and public manner, and to provide for the custody of said ballot-boxes at all times, except during the taking, receiving, and counting of the votes, and such city shall pay the expenses of procuring and taking care of said ballot-boxes. Every member of said police, while on duty, shall wear a uniform to be prescribed by the board, and shall at all times, in public, wear a badge of his office, to be furnished by the board. No member of the police force shall be a delegate to or otherwise take part in any primary or other political convention or election, except to cast his vote. Vacancies occurring in any grade of said police force, except that of the superintendent or inspector, shall be filled by the board from the next lower grade. Section 9. The president of the board and superintend- Criminal ent of police shall each have power to issue criminal war- warrants. rants in all cases upon the complaint of any person on oath, making the same returnable before the judge of the police court of such city, and they may each commit for examination. The board of police commissioners and the clerk of said board shall each have power to issue subpœnas, tested in the name of the president, to compel the attendance of witnesses upon any proceedings authorized by this act, or the original act to which it is an amendment, and by the rules and regulations of said board; and witnesses for whom such subpenas shall be issued shall be entitled to the usual fee prescribed for witnesses. Each commissioner of police, the superintendent, and the clerk of the board of police commissioners, is hereby authorized and empowered to administer affirmations and oaths to any person summoned and appearing in any matter or proceeding authorized as aforesaid, or to take any deposition necessary to be made under the rules and regulations of the board, or for the purposes of this act, and in case any person subpoenaed under this section shall fail or refuse to obey such subpœna, or refuse to take, when required, the proper oath or affirmation, or to answer any proper question, the board of police commissioners shall then have the same power to compel attendance and punish disobedience as justices of the peace in like cases. Section 10. All stolen or other property taken by the members of the police force shall be deposited and kept in a place designated by the board of police commissioners; and in case of the neglect or refusal of any officer or patrolman to so deposit the property taken or found in the possession of any person or persons arrested, he shall be deemed guilty of a misdemeanor, and subject to indictment on information, and be fined in a sum not exceeding three thousand dollars, and in no case less than the value of the property, or be imprisoned in the county jail not exceeding one month or both; and the sentence of the court in such cases shall operate to vacate the office of the person so convicted. Every such article of property shall be entered in a book kept for that purpose by the secretary of the board, together with the name of the owner, if ascertained, and the name of the place where found, and of the person from whom taken, with the general circumstances and the date of its receipt, and the name of the officer recording the same. An inventory of all money or other property shall be given to the party from whom the same was taken; and in case the same shall not, within thirty days after such arrest and seizure, be claimed by any person or persons, it shall, unless otherwise ordered by the board, be delivered to the person from whom the same was taken, and to no other person, either attorney, agent, factor, or clerk, except by special order of the board. Subpœna. Fail or refuse to obey subpœna. Deposit of stolen goods. Mode of disposing of money or other prop erty. Common council required to levy and col lect taxes. In case said money or property shall, within thirty days, be claimed by any other person or persons, it shall be retained by said custodian until after the discharge or conviction of the person from whom the same was taken, and so long as the same may be required in evidence in any case in court, and if such claimant or claimants shall establish, to the satisfaction of the police judge, that he or they are the rightful owners, the same shall be restored to him or them; otherwise it shall be returned to the accused personally, and not to any attorney, agent, factor, or clerk of such accused person, except upon special order of the board, after all liens and claims in favor of the board and the city, against the same, shall have first been discharged and satisfied. Section 11. The compensation of the members of the police force shall be payable semi-monthly. The clerk of the police department shall semi-monthly draw his warrant, attested by the president of the board, countersigned by the clerk of the police department, in favor of each member of the police for the amount of salary due him, which shall be presented to the city auditor, who shall thereupon draw his warrant therefor upon the city treasurer, payable to such member, and such treasurer shall pay the same. Section 12. For all expenses incurred by said board, such as advertising, printing, stationery, postage stamps, telegrams, fuel, lights, feeding prisoners, clubs, whistles, badges, repairs, erecting buildings, rent, and such other incidental expenses necessary to carry out the provisions of this act, subject to the restrictions herein provided, the said board shall have power to appropriate money to pay the same out of the police fund, and thereupon an order, signed by the president and countersigned by the clerk of the board, shall be drawn upon the city auditor, payable to the person or persons to whom said sum or sums may be due, specifying the purposes for which said appropriation was made, and the said city auditor shall immediately draw his warrant upon the city treasurer, payable to such person or persons in whose name said order was drawn, and the said treasurer shall pay the same out of the police fund, and the secretary or clerk of said board shall make an itemized statement to said board at the end of each and every month, of the amounts so expended and to whom paid. Section 14. And such common council is hereby required to levy and cause to be collected such tax in the same manner as other taxes are now or may hereafter be levied and collected in such city; and said funds so estimated, levied, and collected shall be certified to the treasurer of such city by the auditor of such city, as the police fund, and shall be held by such treasurer as other city funds, subject only to the order of the police commissioners, as herein provided. And any interest derived from the deposit of said fund shall be credited to the police fund; and from the date when this act takes effect, until such tax shall be collected, the officers. |