The Cairo evening bulletin., 1869-07-14
On the 9th inst, received from
Mr.. John Hyland, City Treasurer, the
following communication, viz:

p lOllOWl0R communication, WIS
ofice Of tho CITY Treasurer
Cairo, lil.. July GtL, lst1.
t. The Honorable Mayor and CRY counci Of tho city
| OfCaro:
! GrsItrsry;-some time 20 April, uhi. yoarl be.
Mocker had -sued license. for which Doe had received
| the money aud had not paid ihe same nio the city
r.ors and .Idr,iy sasr' d.r",srrd tsi shai fe.
eeiyed from Mr. Koehier hatcher, ahou, sllG; from
Reci Mann, for merchant. license, about A. ~ (;
| from Rev. Thomas srOther for merchant. license
| about So 20: aud from other parties, whose names
! can w. furnished, other sums, none Of which bee hs.
him. ~ the city mnr.hal, Michael Rnmbrok, f1r fhc
ed in reply the request TO prefer charges which, 90
thai the city Interests tIAy he protected against dis
honesty, now and hereby accordingly prefer
/ that psi,ck Mockler. City clerk. h,. violated
hsa -, g this. that he ha' s.led llegn.e. without
osl'ei rnouies for those lcen.e. nnd upon demand
repeatedly made refused 70 pay hese monies, tins
Improperly collected 20 fhr officer oi th. ,ity who,
under he charter Tnt ordinance g. the proper rns'o'
p That pstr,k Moekisr. CIV clerk. hss violated Boo.
duty u fhs. that D." proposed 90 u", john hyiandt
city Treasurer, :" dishonesty and eernluy dl'.i'
vth mot th" m1nirs coming into the cii' Treasury Tor
B Th., Patrick Mo,klcr. C.,y Clerk. las, boo mauy
ua' .u tho lsrge ofh.. doe, p1Ili. orHcr
At ufNhch b. "-uss'iully Submitted.
JOHN nYLANn, city Treasurer.
Impressed with the belief, that the in.
,erests 81 the city required the suspen.
sion MIR. MOckler, from the office OF city
clerk, until the council should have an
opportunity 20 hear aud determine the
charges, and that the accused might
have proper notice Of the charges made,
! forthwith addressed 20 bim a commu-
nicatiou, Of which the following is "a
copy, 30 wit:
Mayor ONE. Cairo. lIl. July o'h, I.,.
NJ. r.tr r.s Mockl.f Cisy Clerk
-ir -Hr John Iylani. CITY Treasurer, ha- this
iHy preferred against sou charg"s Of a very grave
character, 4. follows
!. That, IN ,ios'ou ofyour duty a. officer ~ The
cfy, you have, without f'hor,iy 81 law received
monte. belongins % We GUY and hsye rsia.ed % psN
keep the monie- - thec cliy
rhsi, "a violation % yonr duty, a. Aforesaid, YOU
have proposed % him, the sait John hyand, CITY
Treasurer iu i-h0hertiy and 'ourpuy divide monies
coming into their,a-uy Tor licenses and other pur-
pcses
sslf incompetent, negligent aud derrlict of duiy.
Ncw, Therefore, tI- D. o. u"i.ii You ti'i 90 Ines.
DAY next ION Of JAY INST, 4, - o'clock y NJ
.hall submit ihes" charges 20 the liberation u the
giy council n JOINT session gonycurdi niu -1l l.A
'lat tn council. max" investigation 70 ascertain The
sid charges are true hnl ia', lsy 4 prove 9" D"
lr. yul shall e removed from oit"e You Nil there
fore appear before ths council, 10 the time above men,
| prove ihe .sid charges snd esculp'ie Yourself
an or nance entitled an ordinance 20 adopt The ori.n.
ofthe city OF Cairo. revised and codined. and
efs,s. gains. yo herein .et for,S Is annoanded yo
ore hereby suspended rsni the Office of cy cleIk anu
hs 3 once y. You @ ,ysr s 70 'bsS'ai bsy Police
man John Cumngs, who = authorized 90 receive the
,ame, the key tho oice and All bsoks, papers, prop
erS and effects ia your Iossesson, hcl9agIg 70 the
/ c.iy john II. oBERLY, Mayor
In compliance with the order of sus-
pension above set forth, Mr.. Mockler
| handed over 10 Mr.. Cummings the key
OF the Office and Of the safe, and fully
surrendered possession of the Office, un-
der protest; refusing, however, TO give
possession OF the safe com enation.
Finding the office vacant, aud being
unable 10 satisfy myself that l had the
right TO appoint Clerk al interim, ad.
dressed a communication TO the City At
torney asking Information upon this sub
ject, and received the following reply,
viz:
cay Attorney. onics,
CAIRO, Jaly 5th, ls's.
John II. oberiy Mayor, Sc,'
pE.E siE Your communication Of this date, asking
my opinion to your power To NIL vacancy caused by
the suspension from Office of the city clerk has been
received and considered. While look IN vain in the
thoriIng the mayor 20 MI Vacancy howsoeyer
ring, IN The ofee sf the city clerk, yet am we'll salts
SEQ that from your position a. chief executive ONCE
sfthe coTporationi hsSing a supervisory power over
the subordnsie officers Of the city, with power
move and suspend from the necessity well as the
snaloges Of the case, and from tho inconvenience and
10 the public which might Otherwise happen,
that you mayor, have the power 10 NIL temporarily
the vacancy occurring by the suspension OF Mr.. Mock
ler, City Clerk Certainly your appointment would
give 10 the appointee eolonhle authority, and
would call your attention 60 the general principle oflaw
enuncated by our supreme conu, that the mlnstei-
al Of an officer Dc eto whes they concern the pub
lie or third persons are valid aud eifectua though IL
may appcsT that he has legal right 10 the Office
So that the necessity ofbe requiring the vacancy
oecssioned by the suspension Of Mr. Moekier 20 be
temporarily filled and the mayor being the only au-
thory by which be done, were there gap
in the laws OF the city leaving II doubtful whether The
power has been conferred yet ,he Interests and rights
aafzI Ileb IAN IA lee a called
With much respect, am yours truly,
L. .P,BUrLER, City Atty.
Acting upon this opinion of the city
attorney, and so that the public might
suffer no Inconvenience pending the de-
termination of the charges referred to,
appointed Mr.. Thomas Nally as clerk,
pro tenn, in which capacity he Is now
acting.
On the 9th inst, after notice of the
charges had been served upon him, Mr..
Mockler expressed willingness to pay
to me the money irregularly collected by
him for licenses, but was unable to fur
nish list OF the names of the citizens
who had paid 10 him the money. l in
formed him that | was doubtful OF the
propriety Of my receiving the money
of my right To do so; but, after delibera-
ton, and with the advice of the city at
torney and members of the council, l
concluded that 1t was my duty to obtain
the money il | could. Accordingly, OH
the 9TH inst | made upon him formal
demand for the same. On the sth inst.
Mr.. Mockler handed To me one hdndred
and eighty dollars and ninety-five cents,
$3.50 95) as the amount OF money III his
hands belonging 10 the city. This money
L inclOsed iuclOsed in communication