Omaha daily bee., 1885-05-14
VAUGHAk'S VETO.
HG is Determined 10 Have His Pets
Kept in Office.
The Reasons why the Recent Elec-
ton Was Illegal.

As announced in yesterdays BEE, the
mayor has decided that the recent elec-
ton of city officers was not legal, and
that the old city clerk and old chief of
the fire department must stick. 1t will
be remembered that when these same
fellows wanted to get Templeton removed
from the office of chief of the fire depart
ment, to make room for Walters, they
would listen to no reason, and no protest
against the policy Of changing chiefs, for
political reasons, but now that the shoe
pinches on the other foot, this Is their
first cry.
The mayors veto has been fled, and as
written In the bold chirography of John
Jay" reads as follows
OFFICE OF THE MAYOR, COUNCIL
BLUFFS, May IL. 1885: To the
Honorable City Council of the
City of Council Bluffe, Low s.-Gentlemen;
II herewith return to you unsigned the
resolution offered May IL, 1885, to pro-
coed with the election of a city clerk, and
clerk of the superior court Council Jour.
nrl, page 800). Also q resolution that
the council proceed with the election of a
| chief of the fire department., which l also
refuse to sign. The reasons of both OF
the said resolutions, and forsuch refusals,
l beg leave to state.
First-Wtth relation to the reelection
of the said clerk that the statnte of this
state provides that he should have been
elected at the meeting on the second
| Monday after the election Of aldermen.
The evident object of this provision of
the statute, in my opinion, Is that the
clerk then In Office may know at the ex-
piration of his term whether his employ.
ment Is to be continued for a further
time. After having continued him for
this length of time after the expiration
of his term, and when, but for such con-
%tinuance, he might have procured other
employment, In my opinion, Is ar I'm
piled contract On the part of the city TO
employ him for another year, and the
election of a successor at said election Is
a plain violation of the law and great in
Justice to the said incumbent.
Second-With relation to the chief Of
the fire department., Section 2, of the
city ordinance, providing for said officer,
states that the chief should hold his
Office for a term of two years, unless
sooner removed for. misbehavior, and q
successor elected at the annual election.
The intention of this section is evidently
for the purpose of enabling the chief of
that depart nent to become efficient
by experience In the same,
and that the important position
may not be interfered with and ham
pered by reasons of politics and changes
that may take place in the city council.
No charges have been made against the
present incumbent, and 1t is not even
claimed that his services have not been
efficient, and no effort has been made to
remove him Tor this cause, and his term
of Office as fixed by ordinance not having
expired. in my opinion the council has
no legal right by said resolution to pro-
coed to an election, as an ordinance can
not be repealed by a resolution. 1t Is
my intention and desire to here veto all
re solutions, aces and records connected
with the election on May IL, 1885, Of
the city clerk and clerk of the superior
court and chief of the fire department, as
said election was had and doue in viola
ton of the state law and city ordi-
nances. Respectfully submitted.
w. r. VAUGHAN, Mayor.
A notice was served on the newly
elected clerk, Mr.. Dalrymple. yesterday,
notifying him of the soson of the council
and of the veto, and like notices sent to
the new chief of the fire department.
The other officer, G. j. Beckman,
elected as poll tax collector, appeared
and qualified without any objection.