Before Gary, J., Richland,

Action by A. Hardy, John D. Frost, E. A. Allworden and J. D. Miot, as Board óf Police Commissioners, for injunction against W. S. Reamer, Mayor, Geo. W. Collins, F. S. Earle et al., as aldermen of the city of Columbia. The Circuit Court decree is:

“An order having been issued and made returnable before me, at my chambers, in the. city of Columbia, county and State aforesaid, on Tuesday, the 26th day of October, 1909, at ten o’clock in the forenoon, for the defendants to show cause, why they and each of them should not be enjoined and restrained as prayed for in the complaint, pending the final determination of this action, the defendants appeared and demurred, and made answer to the complaint, as will more fully appear by reference to the original return to the rule and answer. Messrs. Green & Green appeared on behalf of the defendants, and Messrs. Eyles & Lyles on behalf of the plaintiffs.

“I find as a fact from the verified complaint, answer and affidavit submitted by plaintiffs, that the plaintiffs were duly elected members of the board of police commissioners for the city of Columbia, and took the oath of office and duly qualified as members of this board; that neither they, nor any one of them, have resigned or vacated their offices; that their term of office has not expired; that they have not voluntarily or otherwise relinquished any of their rights, privileges or duties as holders of such offices. And that the defendants have attempted to exercise the rights, privileges and duties of plaintiff’s offices, and are daily hindering and impeding plaintiffs in the proper exercise thereof. In fact, the material averments of the plaintiff’s complaint and affidavits are not controverted by defendants, as the latter rely on their right to abolish the board of police commissioners, as will later more fully appear.

“A municipal corporation of this State has no inherent right to exercise police functions. The right to police the city was merely vested by statute in the mayor and aider-men.

“The act approved February 26, 1902, gave to the mayor and aldermen of cities of between twenty and fifty thousand inhabitants full ‘power and authority’ to establish in such cities a board of police commissioners. And by an ordinance of April 8, 1902 (sec. 23-34, Rev. Ord. City Columbia, 1907), such a board was established in the city of Columbia. It is this board that plaintiffs are members of, and that defendants seek to abolish..

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