Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-11-03
WANT POWER THEMSEL YES
The Council Takes The Police Depart.
ment from tho Mayor
LAST NIGHTS BUSINESS.


Councilman Follaud presided at the
ordinance revision meeting held by
the City Council last night. The chap
tors on "wards," "waterworks, "po-
llce," and "weigbmasier," were read,
amended and passed. The one in rela-
tlon to police caused considerable dis
cussion and was NO changed IA to take
the Affairs Of that department entirely
out Of the hands Of the mayor and
place them under the Jurisdiction OF
the City Council anu committee on
police associated.
The following clause was also added
TO the ordinance:
''Tha City Council shall suggest names
to tho mayor of parties they desire APP
pointed OH the police force, and the may
or shall appoint such policemen by and
with the advice and consent OF tho City
Council"
Thp city attorney informed the coun.
cilmen that the amendment was OF
such nature that It was not llkely
that any attention would be given II
by the mayor.
THE QUESTION ANSWERED..
In response to resolution from Mr..
Rich, adopted by the City Council
some time ago, city Attorney Hoge
filed the following;
10 tho Honorable President aud Menu
bors Of the City Council;
Gentlemen-1 have boon asked my
opinion as to tho meaning Of tho words
"by and with the advice and consent OF
the City Council where thoy appear In
tho ordinances, especially In the case ~
appointments by tho mayor. These and
similar words are used In "a number VI in-
stances. They appear first la tho Constl-
tuition of tho United States, sec. ?, article
., whore II speaks ~ the power OF the
President using this Language: clio
shall have power by ani with tho advice
aud consent OF the Senate TO make troat-
ie..n In this case the President makes
tho treaties which are Afterwards sub
mitlod to tho Senate tor their consent,
which II glyon as provided In the same
section becomes a valid treaty, II not con.
scented to IL IL Of no effect
The same section provides, land shall
nominate, and by and with tho advice Of
the Senate, appoint Ambassadors" eic.
] believe the universal practice IN for tho
President TO select the names OF suoh
persons ~ ho may desire TO III tho ap.
pointve offices, which arc great many,
send tho names OF the persons 40 selected
TO the Senate for Its advice and consent.
II the Senate refuses to consent TO the APP
pointment, the appointments fails, aud
como other name IN usually presented by
the President. The President never takes
the advice Of the Senate, rs u Senate,
prior TO sending In tho names selected by
him.
Tho Same language Ia used in our
Organic act In reference To tho appoint
i've offices under the act by tho Go vernon
While the language Ia the ordinances
aud In the act of February n, 1907, IL AS
follows; "The mayor hereafter shall APP
point by and with the advice and consent
Of the council" etc.
am Of the opinion tho same ooustruo-
ton should be placed upon the Language
that Ia placed upon tho appointing power
Ia the Constitution Of tho United States
and Organic act. Tho mayor In the first
instance makes his selection to III an APP
pointiyo Office, transmits tho name to tho
Council for Its advice and consent, and II
the Council refuses to consent the mayor
II so advised by its action. | do rot be-
leye, ns In claimed by some, nor do
believe the law or law .makers intended
by this language, that the mayor should
In the nrst Instance advise with or got
the consent Of the Council before sending
In the name of the party ho may want
appointed,
Office Of chief OF police, l au OF tho
opinion the Council cannot abolish the
oilico OF chief Of police. ! refer You 10
section 5, page II, OF tho ohartor, ~ pub
llshod In revised ordinances. kospUcl-
fully submitted.