Omaha daily bee., 1884-06-17

this city, whether appointed by the city
council, or elected by the qualified voters
OF the city, or of any ward thereof, shall
become habitually Incorporate, or in any
way incompetent TO the discharge of the
duties Of his office, or become grossly
negligent in the discharge of his duties,
or shall refuse to pay over any money
in his hands belonging to the city, or to
present his books or accounts to the prop
er officer or committee of the council for
examination, ad justment or settlement,
or shall be guilty of any other misconduct
in Office, either in refusing to
obey the lawful orders or resolutions OF
the city council, or to execute the ordi-
nances of the city, oil in any other man.
ner, such officer shall at once be removed
from Office, by the mayor, with the coun.
sent or by the advice of a majority of all
the members of the city council.
Section 4 says that at the close of the
arguments the council, by a vote OF ayes
and noes, shall determine as to the truth
of tho charges or any of them.
If the charge or charges, or
any Of them, are sustained
the council may take such action in de-
claring the removal from Office of the per-
son accused as to them may seem proper.
The mayor by and with the consent of
the city council may suspend any officer
from office, whenever charges have been
preferred against him, and pending the
trial of the same, and may fill the tempo.
rary vacancy by appointment, except in
case of the trial of any member of the
a,N,, oa,,p,,I, ,sH IN a0oD fL1 111n,yn3- do
suspended the president of The cOun.
ell shall act as mayor.
That the council can at once suspend
the marshal, who is simply an employee
of the city is obvious by the above. It's
right to suspend the mayor is recognized
by the ordinance which was drawn by
Mayor Chase himself. The charter is
not very specific with reference to the
suspension of the mayor, but the right
to suspend is given by inference and sus-
tanned by precedent. The section of the
charter relating to vacancies reads as
follows:
"When any vacancy shall happen in
the Office of mayor by death, resignation
absence from the city, removal from
office, refusal to qualify or otherwise, the
president of the council for the time be-
ing shall exercise the Office of mayor
with all rights, privileges and jurisdiction
of the regular mayor until such vacancy
be filed or such disability removed"
It is self-evident that the clause cor
otherwise" refers to suspension from Of
fee pending an impeachment trial, else
what reference does the other clause have
when it says that the president of the
council shall act as mayor until such va
cancy be filled or such disability remov
edo What disability is there that would
cause a vacancy, unless it be the disability
caused by suspension2 In the case of
Ex-G Governor Butler the supreme court,
at the request of the legislature, gave a
semi-offi cial opinion that the p~resenta-
ton of articles of impeachment operated
as q suspension of the governor, which
could only be removed by his acquittal;
and David Butler was accordingly sus.
pended from the day the articles of i'm.
peachment passed the house. Meantime
the secretary of state performed the du-
ties of governor.