, 1885-11-10
DISTRICT COURT.
Proceedings in This Tribunal Yes
terday.
Opinion on the Case of the City
Treasurership.

E
day, His Honor John W. Lacey, chief
justice, on the bench, and business was
disposed of as follows:
Joseph Moffett vs.. Mary Moffett, de.
fault of defendant taken; case referred to
John 7. Deweese As special master in
chancery.
John T. Chaiin sworn as bailiff for the
United States, N. N. Craig as crier for
same, and W. Il. Bryant and Jas. A..
Bean as bailiffs on the part of the terri
tory.
Grand Jury excused until 10 o'clock
this morning, petit jury same.
Warner VS.. Williams; dismissed.
j. A. Baxter vs.. II. A. Calland; Judge
ment of one cent for defendant; each
party to pay his own costs.
jenkins VS.. Henderson; judgment for
plaintiff and costs.
n. r. Davis VS.. Frank Kitchen; find
ing for plaintiff; exceptions noted.
Costa VS.. Union Pacific Railroad com
pany; two cases; continued.
Territory of Wyoming on relation of
Rudolph f. Glover vs.. Isaac Bergman;
demurrer to information sustained; cxcep-
tons by plaintiff noted.
OPINION.
The r%elator, by an information in the
nature of ono WdrTdHto, seeks the aid of
this court for the purpose of gaining pos
session of the office of city treasurer of
the city of Cheyenne, The information
shows that prior to Aug. 1, 1855, the de-
PENDANT was in fact and of right city treas
urer, his term of office having begun in
February, 1885. 1t is further sought to
be shown that on hat day the defendant
was removed from said office and the re-
lator appointed TO fill the vacancy thus
occasioned; that the relator afterwards
duly qualified, and that the defenl liant, on
proper demand. refused to turn over the
office to the relator.
The averments in the information con-
corning the removal are that the mayor of
the city, on Aug. 4, 1885, believing that
the interests of said city of Cheyenne re-
quired a change in the said Office of city
treasurer thereof. did remove the said
Isaac Bergman from the said Office. and
did, upon said 4th day of August, a. d.
1855, communicate the fact of his said
removal of the said Isaac Bergman from
the said office of city treasurer to the
council of said city when the same was in
lawful session, and the said city council
did then and there concur in the said re-
moyal, as more fully appears by the rec
ords of said city council
The city charter provides that the term
of Office of the city treasurer shall be two
years, but that he may be sooner re-
moved by the mayor, the council concur
ring, for inefficiency, maladministration of
his Office, or when the interests of the city
require a change,
The question is upon the removal of the
defendant. What was the extent of the
power to remove him, and what steps, if
any wore necossorr IN bo ,oLor IN a.,
iog his removal2
First as to the manner of removal.
.Jndpe Dillon saws. "Wbore an o@oer +,
appointed during pleasure or where the
po1oer Of removal is discretionary, the
mower IN remove may no ovor.;so1 ,,,jL-
amt not;ce n, Lo, r., uhoro ,ho
anno;ntment ;s 1nr;,g rood bobov;or o.
whore tho removoI can orIy ho g. -oor,o;n
,nec;6eJ c1y,,, tho rowor or ror,oroI
cannot be overcisod rnIoss ,boro ho q,
cbarr. o,,i,st tho oei,or It, 20 hin, -
the accusation and n 6eorj,o or tho ovi.
dence in support of the charges and an
onnortpn;tv g;ven IN the rorty of making
defiance " : Dllon Mimic Corn soc Iss
n have retained tho autbor,s itarcsl
The nr;rc;nles Tins stated nv, Trdro
Dillon arc r;obtIy co,codoa hy counsel an
both s;dos ~ ho tho unorostiorod mia ~
common law tho charges pot;co hearing
etc boing reonired in cases of removal
for cause Gor Tho reason thai tbe iustice
of tho CONNER Low v;n norrn;, NO ono 70
he condemned nnbeard
Unouestionablv The legislature might
prescribe the manner Of renewing os well
as the causes for removal. but the city
-