The record-union., 1892-06-20
RODGERS CITIZENSHIP.
Judge Van Fleets Decision Still the
Topic of Conversation
The Popular Wish is That Rodgers
should be Appointed to Fill
the Vacancy.

Superior Judge Van Fleets decision
annulling the election of John B. Rodgers
as Chief of Police, continues to be the
main topic of conversation on the streets.
Everybody has an opinion, and all
seem well supplied with alleged authori-
ties TO back up their opinions.
There are just two sides to the argu-
ments that are rife at present-and they
are whether or not there is vacancy.
The unanimous verdict seems to be
that inasmuch as the people have ex-
pressed their preference for Rodgers at
the polls, and as Rodgers is now thor
oughly eligible, the City Trustees should
not hesitate to appoint him to I'LL the
yacancy-and the major portion OF the
laymeu do not take much stock IN the
theories Of ex-Chief Drew's lawyers, that
there is no vacancy. They are not at all
backward in saying that they do not
want Drew again. Even the eX-Chief's s
friends, or many Of them, say that
Rodgers should be appointed. a we'll
known downtown politician remarked
Saturday: 81 wanted to see Drew
get the nomination at the convention,
but when he missed 1t L turned
my attention to Higgins, the sue
cessful candidate. / worked hard
for Higgins on election day, and would
have given anything TO have seen him
elected. But when the smoke OF battle
cleared off, and it was found that Rodgers
had carried the day, why, l simply did as
all lair opponents should do-took oil my
hat to Rodgers and wished him shcceSs in
Office. The people wanted Rodgers and
proved it by giving him majority OF
their votes Rodgers may nave been in
eligible at the time OF his election, bat he
is not ineligible now, and although
worked against him, | say now that he
should be duly installed in the Office by
the Trustees to fill the vacancy. Pm
around a good deal and most everybody
l have talked with believes as l do"
The lawyers arrayed on either side con-
tinue to cite their authorities and assert
that their respective positions are correct.
But while many believe that eX-Chief
Drew is entitled to hold the office until
next election, it is safe to say that the
majority of the legal profession believe
the other way that there is a vacancy.
That being the case it devolves upon The
City Trustees to fill the vacancy.
DIR. +. f. TebbetS advances a new solu-
ton of the case. 1t can best be given in
his own language. Il don't think that
either Rodgers or Drew have any right to
the office according to that decision" he
said. 1T seems quite clear to me that ii
Rodgers was ineligible, the man receiv-
ing the next highest number OF votes at
the election should take the office. That
means that Dan Higgins is the real Chief
of Police. Suppose, for instance, that
you and / are candidates for Chief of
Police, and we are not exactly the kind of
men that the people want TO elect. They
put up Chinaman and give him more
votes than we get. Do you suppose for a
3.ar hot f.,1-
the office? Not much. The Chinaman
would be ineligible because he was not a
citizen. The court says that Mr.. Rodgers
was ineligible because he was not a
citizen. What's the difference. OF course
I'm not comparing Rodgers with China
man, but simply illustrating my theory
on broad SCALE In the case of the China
man, his votes would not have been
counted, and you or Whichever re-
ceiVed the highest number of votes
would be elected
The reporter submitted DR.. Tebbets'
theory to Attorney r. L. Devlin.
'Well,'' said the latter, ''the doctors
Supreme Court would reverse three of
its own decisions on this same subject.
Only one man can be elected. If the peo-
ple's choice was ineligible, why the Trus-
tees must fill the vacancy"
All three of the Trustees have been
asked what they proposed TO do. They
have not satisfied themselves yet, SO they
say, that they have the right to fill the
vacancy yet. Mayor Comstock did not
hesitate to say that if the board has the
authority to proceed he will vote to ap-
point Rodgers. The other two Trustees
are non-committal, but Mr.. Conklin has
intimated that as the people want Rod
gers he should be appointed. Trustee
Green declines to say anything about the
matter, and is considered by the Mayor
as being doubtful.