The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-09-08
APPEALS TO COURT.
Niggle Trying to Recover His
Lost Official Head
cnessrs DECLINES TO SHAKE.
oae ysesssn Of Mayor Phsfps' anftiofsss
Tests Gfs Legality the oshsr 10
On His Dfgngty-

rx-pogsce Commissioner John G. Sigris.
wbo xas removed from Office - Mayor
P1seIrs At the meeting last Wednesday
nsRnt. made good his threats yesterday 70
carry the nsa4ler into court snd have ths
asession - Abe MAYORS poser decided.
The case xisl come before lodge Lznglsy
next Friday afternoon on writ OF GER
fiogasi addressed 70 Mayor Phelps ana
t'isy Cierk sssssrt requiring them 20 pro-
daar ia eonrt q certified transcript OF fns
proceeding. st Ehs meeting at which Mr..
N4rass ~ gwen his waking papers.
Yesterday morning ex-comnIssloners
Clssasty and lgEis sent 20 the mayor
Office. setting Ender instructions from their
attorney. aud sskssl Mr.. Phelps II be would
recognizes them as commissioners or refuse
70 do -. The mayor. before answering.
ieft the room TO confer with Corporation
Counsel scott. and on rstnFning informed
his visitors shat he aid not care 80 discuss
police matters with them. Mr.. Chessty
was anxious TO have his honor either
recognize or refuse 10 recognize them IN 50
many words. but his desire was not graft
bed ME. Cheasty told Dir. stggis that he
wanted 70 speak 10 the mayor IN private.
aud go Mr.. Niggle Immediately withdrew.
The conversation that followed Was one
sided, Mr. Clasasty having the floor most OF
the time. lie refused 20 shake hands with
the mayor. and. when the latter told him
that he believed he tChessty) was throw
ing good deal of personal resentment
into the matter. replied that be thought
the same remark Vas true - TO the
mayors actions. Before leaving Mr.
Cheasty said that, no matter from whom
the charges against him emanated. the
mayor having refused 20 talk on that mat
ter. they we're false and their author guilty
Of being liar. TIE mayor told Mr..
Ghsasfy that he thought he was making q
mountain out Of an anthiii, and person.
ally had not thing against him. There
was no reconciliation, however. and Mr.
Cheasty Ieft, still under the opinion that
the charges against him were melted by
personal motives Mr.. Cheasty will take
his case into court to determine IL the
mayor had the right TO remove him, but
be realizes that il will do nothing more
than settle disputed point, in hls case. as
bis term OF Office expires next January.
He has not determined the course hs will
pursue or the exact time proceedings will
begin.
Mr.. Niggle Was ready 10 20 ahead yes
terday, having been in consultation with
his attorneys about the case, IL il said,
even before be was removed. The papers
were all drawn M and filed late ia the
afternoon with the clerk OF the superior
court The principal ono is an affidavit
signed by Niggle, in which he tells some
thing OF his case aud asks for writ Of
certiorar directed 20 Mayor Phelps and
City Clark Stewart. who, by virtue of his
position. Is clerk of the police commission.
Mr.. NiggEe. on oath. says that he was APP
pointed police commissioning February 7,
1894. and on February - was confirmed
by the house Of delegates, which appoint
ment was for tho period OF four years and
until bis successor was appointed. lie
qualified February q, aud since that time
has discharged the duties OF ms office.
September 5 Mayor Phelps was chairman
of the police commission and by section
s. article XIX, of the city charter,
may remove any appointed officer
for cause. He says that on
September Mayor Phelps, without
iurisdiction1n the premises aud without
notice TO deponsat and without ahording
him an opportunity to be heard or give
any explanation of his conduct, served
upon Mr.. Niggss the notices OF removal
previously published In the Posr-IsrELLE-
sKNcgs Continuing. Mr. Niggle asserts
that by the judgment and notice the
mayor assumed Co remove him from the
Office Of police commissioner. lie denies
that any of the alleged grounds are true
and claims that no ground existed for his
removal; that In assuming 90 remove him
Mayor Phelps acted ja3ieially and With.
3sast Ifass
authority 70 consider charges against him.
nor were any charges made against him by
the mayor or other persons. He further
claims that the actions OF the mayor have
greatly damaged him: that no other pro-
eeedings were had TO remove him than
those already stated, but by virtue Of those
proceedings the mayor claims that he
tNsgglel has been removed and refuses 20
allow HIM TO participate in any action of
the board OF To discharge any of the dutie.
pertaining TO hts office. Mr.. NiggIe asserts
that the record of the alleged removal is
IA the possession of the city clerk and IA at
be has no other plain and adequate rem
esiy at Law. Therefore he asks that a writ
OF eertiorsra be directed to the mayor and
city clerk compelling them 60 return Sep.
TENDER ii. at 10 o'cleek. In the equity de-
partmens of the superior court, certified
returns OF all the proceedings aud the
whole record concerning the alleged re-
inovai of Mr.. Niggle. 80 that the couxt may
further act thereon as OF right and accord
ing to Law ought TO DO done.
Judge Langley issued the writ. returna-
bic September "a. at so o'clock.
IL is held by some that the case Of John
MeReavy. member Of the state capitol
commission who was removed for
.'caase. " is parallel 60 those of Nsggle and
cheastv. The matter was taken into
court on purely legal points and IL was
decided against MeReavy. The report of
that case. as IL IS summarized, Is as
follows.
"rhe aci OF March n. iSsS. In relation 10
state capitol commissioners, provides that
ths commissioners appointed shall hold
osfsee tili the completion Of the said build
ing and the acceptance thereof, unless
sooner removed for cause by the eovernor.
ead a. such set contains no provision
rsnVerning the method Of removal II
mast be construed In connection with a
fsgor act Of the same session providing
far the removal irom cSiice BY tie governor
o. atl state officers appointed bv him wno
are net liable 20 impeachment, aud. con.
STRUNG these acts together. ne legislative
Intent is glasn that the tenure o. Office Of
az appoinslxe member 81 the commission
saanl1 le indefinite and such officer
liable 90 removal without hearing for
IA lsc0adGet. EnAlfeASance OF sncomp potency
whsn the governor should be satisfied Any
such causes exist"
WEDDING ENDS EHg srokr.