174 Ind. 388 | Ind. | 1910
The city of Decatur is a city of the fifth class, organized under the general law as it existed prior to the passage of the general law of 1905 (Acts 1905 p. 219) concerning' municipal corporations. Prior to the time said act went into effect, an ordinance had been enacted by the common council of the city of Decatur authorizing the mayor to appoint and to remove special policemen. Under that au
The question for determination is, What was the effect of the enactment of the cities and towns act of 1905, supra, upon the prior ordinance of the city of Decatur, and the prior authority and power of the mayor to appoint reserve policemen? The contention of appellant is that the prior statutes expressly provided for the enactment of an ordinance granting the authority and power to the mayor to appoint, and that it had been exercised (§3541 Burns 1894, subd. 8, §3106 R. S. 1881; §3541 Burns 1901, subd. 8, Acts 1895 p. 180, §53); and that by reason of no reference in the act of 1905 (Acts 1905 p. 219, §53, §8655 Burns 1908) to subdivision eight, supra, the ordinance was not abrogated, and is yet in force, and that the power of appointment still rests in the mayor.
Appellee’s contention is that by said act of 1905 the power of appointment of policemen is in the city council, unless it shall by ordinance provide for the exercise of the power by a committee of the council, and reliance is placed on §8791 Burns 1908, Acts 1905 p. 219, §170.
The court did not err in sustaining the demurrer to the complaint. The judgment is affirmed.