Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-10-07

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ADOPTED.
The board Of equalization and re-
view, appointed TO review aud vquallze
the plat and list for the curbing, gut
tering and paving Of District No. l.,
reported that Il had performed IT, du.
ties according 10 law, and recommend
ed that the same DO approved with the
exception Of thlfty-Ono feet, known ~
Olive street. Adopted.
WATERWAYS EXTENSIONS.
City Recorder Jack reported that
the necessary publication for extension
OF wat.rmains ON the following streets
had been made: | street from Sixth to
midway between Eighth and Ninth,
Richards avenue, Second West, mid.
way between Filth and Sixth North
TO midway between Seventh and
Eighth North, Sixth East street mid.
way between Fourth and FIN South
10 Fifth South street. Adopted.
THE poLICE COMMITTEE RErORr
AGAIN,
The majority aud minority reports Of
the police committee, which have
been published In these columns were
then iaken from the table aud read ~.
ter which the following opinion by
city Attorney Hall on the question was
read.
10 the Hon. Mayor aud city Counoili
Gontlcmon-As to tho appointment aud
removal of policemen beg leave 10 sub
init the followingi
by section a. OF tho charter Of gront
Salt Lake city, 1860 tho city Council
was granted the power aud had the au-
thoriiy TO appoint policemen aud pro-
scribe their duiios. $500 section AZ, page
Is, Revised Ordinances Of isss.I
liy section - of said Charter lseo page
n, said ordinancel,thc city Council could
remove policeman or any other person
elected or appointed TO any Office undcr
the provisions OF said charter from Office,
by n two-thitds vote, but no oiliccf could
be removed except for cause and furnish
Cd with a statement Of tho charges Tor ~.
moval aud an opportunity ofboing hoard
Ia his dofonse.
By an ac. VI tho Governor aud I.cgis-
March 10, 1854, tho amendment 10 said
charter, pagn 5j. said ordinnncol, tho
Mayor. by aud with tho advice aud con.
soul Of tho Council was given authority
10 appoint policemen, and tho Mayor also
was given the p0Wnr 10 rumuyo said
policemen at his pleasure.
ny this amendment ofthe charter OF the
city tho Mayor seCia. to have tho di-crc-
tionary power and could remove police.
q
him. Since this amendment was enacted
the Governor aud Legislative Assembly
by paragraph ~ Of article Of ar act on
titled IAN act providing for tho inoorpo.
ration Of citlt-, approved March ;. 1855"
tpagu - Of -Aid ordinance cUniorfcd upon
tho city Council power aud authority 30
appoint policemen. dollno their powers
and duties and remove thum.
Paragraph ~ i as folio vs.; eighty
scveni TO appoint police or watchnon,
and Ia doiino their powers and dutios,
aud 10 remove all officers Of tho city for
misconduct, and TO provide for the illling
Of such vacancies as may occur Ia any
elective office, aud 10 create any Oflico
that may be deemed necessary for tho
good government OF the city. 10 regulate
and prescribe the powors. duties aud
compensation NJ all officers " tho city not
herein provided for"
Paragraph N has the effect NJ repeating
said amendment TO tho charter, aud In
part said section o, Ia No far a. II takes
from tho city Council Discretionary
power In the removal or appointmon. II
officers. IL empower aud authorizes tho
CITY Council To appoiut policemen, aud n
remove them for misconduct In ONCE.
Therefore policeman can only DO re-
moved Tor misconduct In Office. The
power Of removal cannot be exercised
unless there " formulated charges
against aud notice 10 him Of tho accuse.
ton aud a hearing ofthe evidence Ia sup
por, Of the charge aud an opportunity
given N the party OF making defense.
Article III. OF the Aforesaid act OF tho
Governor and Legislative Assembly pro-
yidos for tho Office of Councilman, their
removal and tho filling OF
vacancies, etc, punishment 81 It's Nom.
borr, and that with tho concurrence of
two.thlrds Of the members Of the Council,
may expol a member for cause.
section u said Article III, provides |
that majority " the Council elected shall |
quorum To do business.
Ny opinion II that paragraph ~ con
trolls the appointment and removal II /,
policemen and watchmen, otc,, and tho |
removal ~ the officers Of the city, ap- |
pointed by the city Council, Tor miscon- |
duct, Aud II also provides for tho fll- |
Ing Of tho vacancies, rs Is thoroin spoCi-
fed.
/ fnd some difficulty In arriving at a
conclusion ~ TO what number OF the city |
Council voting for, shall constitute re- /
moynl whether by two.thirls vote, or
by majority vote; however, rs 10 such |
Offices policemen In particu- |
lar, am Inclined TO the oniuion that
majority vote Of the Council at "a legally |
meaiing II sufficient.
Very respectfully,
WM, q. HAIL, CITY Attorney.
ON motion Of Councilman Lynn the
report was received aud fled.
The reports OF the committee wer @ /
then fe-rtad. Nit. Anderson moved TO |
strike out everything In the majority |
report that referred 10 Nc. Glenn, lac |
resigned his office. Carried.
ON motion OF Mr.. Lynn all reference |
10 MIR. Glenn In the minority report |
was also stricken out.
Councilman Heath-l move that the |
minority report be adopted.
The motion was seconded, but Mayor |
Scott proceeded 10 say that he was
sorry that the matter had assumed |
such an unpleasant phase. lie be-
lieyud the motion would carry but |
wanted to say hrst that Capt. Parker
had done much 10 increase the useful. |
moss Of the force. priof 10 his appoint.
ment, the officers would leave their |
beats without permission and often |
conducted Themselves In a manner |
10 the city's welfare. |
Since the appointment OF Captain |
Parker II was different. The mon dared
not leave their beats aud they were |
accordingly better disciplined and |
equipped Tor service.
Councilman Spati0rd was OF the
opinion that when an officer was ae'