The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-08-16
who are now made appointive by said

follow that the mayor, al
though specially authorized to appoint
all such officers because the council had
filed such office before the law conferring
the power on the mayor took effect, winch
was on June l, 1898, cannot appoint an
other 60 fill the Office. | am OF the opln-
ion the mayor had the right to make an
appointment to fill the Office in this case,
and when concurred in by the council,
the apDointee becomes the incumbent OF
the office, and as there cannot be two
persons in the same Office at the same
time, necessarily the former IN
cumbent is removed. There IS
another phase of this case which
presents itself and that is whether or not.
unless the term CT Office be absolutely
fixed, which it is not in this case, the
appointing power does not necessarily
have the power to remove; and II the
power to remove is an incident OF the
power to appoint, whether section 245 is
not in conflict with the law of 1893 above
quoted, and therefore repealed by that
act. In the case of ex parte Duncan M.
HenDen 13 Peters United State Supreme
court, page $50, the court uses the follow
ing language after discussing the case IN
the different phases on page 259: In the
absence of all constitutional provisions or
statuary regulation it would seem to be
a sound and necessary rule, to consider
the power to remove as incident to the
power to appoint"
'sThis power to remove from Office was
subject much disputed, and upon which
tanned, in the early history of this gov
eminent. This related, however, to the
power of the president TO remove officers
appointed with the concurrence OF the
Senate, and the great question was
whether the removal was to be by the
president alone or with the concurrence
of the Senate, both constituting the ap-
pointing power.
mo one denied the power OF the pIesi-
dent and the Senate TO jointly remove.
But it was very early adopted as practi-
this power (remoVal1 was vested in the
president alOne.''
'sThis decision cites many of the state
courts as authority where the same con-
struction was placed by them upon SINH
lar language in the state constitutions.
do not think there is or can be any
doubt of the power OF the mayor to re-
move in this case. 1t is in consequence
of the following language used in section
245: Unless sooner removed by the city
council as before stated. Is not this
in conflict with the law of 1888? 1t would
seem so, when we take into consideration
that in 1888 when section 245 was adopted
the appointing power was in the city
council.
"WhiIe there may be some doubt on
this last proposition, am of opinion that
the action of the mayor in this matter is
proper and legal. Respectfully sub
mitted, E. ID. HoGE, City Attorney
Filed.
THINKS HE IS STILL SUPERINTENDENT.
w. II. Ryan as superintendent of water
works sent in requisltion for supplies.
Hardy objected to the requisition being
honored on the ground that Mr.. Ryan
was not superintendent of waterworks,
waterworks.
WANTS AN ASSISTANT.
The following communication was re-
ceived from the city engineer:
TO the Honorable President and City Council
GENTLEMEN-I beg leave to represent
that TO this time | have had no repre-
sen tative upon the work now being done
on the gravity outlet sewer; that the de-
tails of this work are being done under
the su pervision Of inspectors approved by
the board of public works and that the
work being done by the employees of my
department Is only that of setting stakes
to guide in the matter of line and
grade, and has no reference whatever
to the materials and workmanship en-
ployed. In the appointment of inspectors
| / had hoped to have some voice in the Sc
lection of at least one mar to act as chic
who was qualified to represent both my
department and the board, and so save
the cost of one man. Being disappointed
in this, I have since given the work all the
personal attention which my other duties
would allow But this is not sufficient, ane
1 therefore ask for authority to employ
an assistant, whose duties will be to re-
main upon the work constantly and see
that every detail is properly executed
the same as was the case during construc.
ton on the Parley's canyon conduit
Among the reasons which prompt me tt
ask for this addition help are: That an
held equally responsible with the board
of public works for the proper
execution and ultimate effectiveness o
this work, and while they have five rep
resentatives on the ground l have none
that the representatives of the board, i
not antagonistic to, are at least not il
sympathy with my view of what the spec
ifications and contract require; and al
though they are instructed by the boarC
to carry out the work under my direction
it is unreasonable to expect that this vii
be done when in conflict with their OWL
views, unless | am in constant attendance
u
is in accord with me, and in whom | hav'
onfdence-relations which. unfortun
ately for the work. do not exist between
majority of the inspectors and my
self at the present time; and
furthermore, that it is unfai
to hold me responsible for WorL
done under the conditions which prac
tically deny me any control over its exc
cuti0n. In conclusion, desire to say tina
- SF, he -, -
lcordance with the requirements of tn
specifications and of the contract, it will
be effective and enduring Otherwise
may result In diSgracefut failure, and Ii
view of this [ trust you Will not den,
such assistance as Is necessary to insur
it's proper execution If, however, you
Judgment should be against emDloyin,
this additional help, then l ask that TIL
whole responsibility be placed upon tn
board of public works, who have full
corps of representatives., and that m,
duties in connection with the work b
limited to that OF furnishing the requires
drawings and setting the necessary stakes
thus relieving me from any responsibilit.
as regards the material and workmanship
Respectfully, "A. F. DoREMUs,
City Engineer
Horn opposed the granting of the engi
neer's request for an assistant and said j
Doremus is not competent he should re
sign He had got at loggerheads wit
the board of public works and now cam
sneaking to the council. He hoped Do
renus was listening to what he said. ]
he can't inspect the sewer himself
what's he here for?
Bell-The engineer il very competen
officer It seems TO me this matte
should have careful attention. 1t rest
with the council TO either turn Doremu
down or uphold him. He is responsible
for the completing of the sewer in prope
shape and he should be supported
Il LaUson-I am not aware that TIE en-