The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-01-24


opinion of that officer, which displayed
much research and care, the city at
torney sustained the right of the mayor
under the law to remove appOintlVe OIL
ficers. Thereupon the council con-
firrned the successor to said office, APP
pointed by me. Therefore nay right
as mayor to remove Mr.. Kendall and
appoint his successor, has for its sup
port the three presidents mentioned.
Besides before making the first re-
moval mentioned, | made careful
investigation of the matter and came
to the conclusion that the mayor was
vested by law with such power.
There certainly can be no question
but that my previous exercise of this
power was fully justified by the oc-
casion, and that its exercise has greatly
eonduced to the interest, quietude and
good government of the city and that
this power in the hands of the mayor.
is essential to the successful admins
tration of the affairs of the city
The logical and inevitable result of
your action will be that notwithstand-
ing the change of administration no
appointment can be rightfuIly made
until the council shall have first by
removal created vacancies, and
as the law which it is claimed
gives the council the power Of
removal requires a two-thirds vote,
in council nearly equally divided on
party lines, as the present council is,
and others will no doubt be, the diff
Guilty of making vacancies in that
manner must be apparent to all.
To the extent of such vacancies
only as you may hereafter create or
otherwise occur under your decision
can the mayor appoint, although most
if not all of the present appointive
officers were appointed before the law
of the legislative assembly of 1892,
authorizing the mayor by and with the
advice and consent of the council, to
appoint all of the appointiVe officers
took effect.
This authority necessarily comes with
the power to remove. Besides there is
an ordinance which requires the mayor
to make the appointments on or before
the first Tuesday of February, 1894.
(See revised ordinances, p. 1851 You
have not repealed this ordinance and
am not aware that such is your in
tention.
Your action is not consistent with
this ordinance, while my appointment
of Mr.. McAllister was authorized by
its express terms.
The effect of the statute of 1892 re-
ferred to is to limit the terms of the
appointive officers who were in office
at the time this law took effect in
June, 1892, to the time of the appoint
ment OF their SeceSSorS, and the or
dinance referred to was evidently
passed in view of that construction of
the statute.
As the resolution removing Mr.. Ken
dali is so far reaching and its conse-
quenceS so important, and was acted
upon so hastily, 1 have taken the
liberty of again bringing the matter
before you, and respectfully request
that you will not make a final decision
involving such consequences as I have
pointed out. and which will place the
mayor of your city in the attitude of a
usurper, in the face of the precedents
before referred to Warranting his ac-
ton, until impelled to such a course
under sense of duty resulting from a
full and critical examination of the
subject. Respectfully submitted
r. N. BASKIN, Mayor.
O'Meara moved that the appoint
ment of Mr.. Mulloy be confirmed.
Lynn moved that the matter be 1e-
ferred to the committee on streets.
Young thought the mayors COM
munication should receive careful atten-
ton and it's merits and dement's. if ii
had any of the latter, should not be
passed upon hurriedly. He also thought
that the matter of removing Mr.. Hines
should be considered, and hence ia
vored referring the communication tC
an appropriate committee.
LynnS motion was then put and car,
ried. and later the committee on mu-
nicipal laws was associated with the
committee on streets.
se POLICE CHANGES.
The following was received from the
mayor:
To the President and City Council.
Gentlemen-I hereby appoint Fer
gus Ferguson and w. w. Macintosh
as desk sergeantS in the places of J.
w. Armstrong and S. j. Paul, removed
Also appoint Thomas Simpson, w. A
Edwards and F. p. Mcdonald as Pa.
trolmen on the police force and. re
spectfully submit my action in the
premises for confirmation. A. II. White
is hereby removed from the police
force.
R. N. BASKIN, Mayor.
The recommendations made were, ir
accordance with the wishes of Chief
of Police Pratt as evidenced by let.
ter to the mayor from Mr.. Pratt, which
was attached to the mayors conmuni.
cation.
The appointment of the two desk
sergeants was confirmed and the bal
ance of the communication referred tt
the committee on police.
EOR DAMAGES.
The mayor submitted a bill from
Hogle Bros. for damages caused by The
breaking of the water pipe at the cor
ner of Second South and Main streets
! in the sum Of $3.50, said bill having
been first submitted to his honor.
Committee on claims.
THE CITY JAILOR.
The mayor submitted a bill for al
ordinace authorizing the chief of po
| lice to act as ex-officio jailor. He II
receive no extra compensation for ser
vices as jailor, but that he may ap
point an assistant jailor at a salary Q
| 81, 020 year for whose acts he shall b,
responsible.
Referred to the committee on mum
cipal laws.
LICENSE INSPECTOR"
City Treasurer Duke submitted TIL
! following:
Il desire to call the attention of you
| honorable body to that portion of tn
new salary ordinance affecting the Ii
office of license inspector, the working
force in this department will be s.
Icurtailed and handicapped that / an
certain the license revenue of the city
! (Which for nearly year to come viii
be the chief source of revenue), vii
iSuffer serious loss Within the past 81.
months it has become vastly mo-
difficult to collect license money, an
1 submit that on proper investigate
lit will be apparent that instead of re
moving the inspector there is all tn
more urgent reasons for retaining hin
1t will be impossible for the treasur
erS Office, with its present force an
duties to properly attend to or devot
isufficient time to the collection of Ii
licenses. as it requires one man to be O
the streets three parts of the time
UNLESS the error complained of is RENE
ldied, I would not give the assuranc
that there would be none who ar
lsubject to pay license who were NO