The record-union., 1894-01-23
STILL AT LOGGERHEADS.
Mayor Steinman and the City Board
of Trustees.
The Formers Message on Secret Bal
loting-Lee, Simmons and Others
Fail to Be Confirmed.


Ioting-Lee, Simmons and Others
Fail to Be Confirmed.
Long before the meeting of the City
Trustees was called to order last night
the room and hall were packed with
mass of crowding humanity eager to hear
what action the board would take on
various matters.
Their action on the selection OF the
police force, however, was the MAN
point of interest to the audience, II
having been rumored that they would
ratify as a whole the combinations
made last Monday night, while rumor
was also current that they would recon-
slider their action and then proceed to bal
lot for each nominee separately, in which
case there was likely, it was said, that
some changes in the votes on some ap-
pointees would be made.
Trustee Leonard of the Committee on
Fire Department reported that he had
advertised for bids for repairs on the re-
lief engine, and that nothing can be done
further until the proper time expires, and
he therefore asked for further time.
THE MAYOR TALKS.
w. II. Devlin then read several COM
munications from the Mayor, which We're
listened to in breathless attention by the
audience present. They were as follows
SACRAMENTO, January %, 1894.
To the Board Of Trustees: l hereby noml-
nate and by and with your consent, hereby
appoint James Harrison to be hoseman in
Engine Company No. 2 of the Fire Depart
ment, vice Daniel Murray, declined.
b. U. STEINMAN.
CONCERNING APPOINTMENTS.
Mr.. Devlin also read the following:
To the honorable Board Of TTuSteeS-G @ I'm
TLEMEN: In compliance with the terms o1
the city charter have nominated and ap-
pointed certain persons TO tll various clay
Offices. These appointments, however, are
not complete unless they receive your con
sent. The charter provides: when a nomI
nation is made to the board, action shall be
taken thereon by the board IN not less than
five, nor more tnan fifteen days thereafter
and in case the officer nominated Is not con
firmed the Mayor SHALL within ten days
thereafter, nominate another, ana may con-
tinue doing so until the place is filed" See
tiOn 10 of the charter declares that the al
frmative vote OF five member shall be neces-
sary for the passage OF an ordinance, or the
final transaction OF any business; and Section
35 requires the City Clerk to be present at
each meeting of the Board of Trustees, and
keep record of its proceedings. L am in re-
y
follows:
SACRAMENTO Cali, Jan. Il, 1894.
:. Hon. b. Z. StelnnlaH, jIdgOr-SIR: 1 have
the honor to inform you that at a meeting OF
the Board of Trustees held on January 10Th,
TIE following-named prisons appointed by
you for the various Offices and positions
failed to receive the confirmation of the
board: Timothy Lee, tor Chief of Police; Il.
Cunningham, for policeman; +. Franks, fOr
a policeman; Robert Goods, for driver OF pa
troll wagon in daytime; VIM Fawcett, for Su-
perintendent OF Cemeteries; a Wilson, foI
Water Assessor.
AT a meeting of said board on January
16th. W. E. Douglas, appointed to be a hose
man, also failed to receive confirmation by
the board. Respectfully yours,
80. ;. FLINT, City Clerk
WANTS THE FULL RECORD.
l return this communication in order that
lie may give me the correct record OF your
proceedings, showing that quorum of your
members were present, and that there was in
each CT the cases a compliance with the char
ter in hat the 1inal transaction CT the busi-
hess WAS accomplished by 1.-The affirmative
vote of fiVe mem bers." l am unable to tell
from his communication who voted and who
did not; what members consented to the APP
pointinen;s made by Inc and what members
dld not. and so lar as am able to ascertain
from tie above onmunicatiOn no vote what
eN er W;ts had. 1t is unnecessary tor me to say
that | am entitled 10 the individual judg-
Inent OF each member OF your board; but
am unable TO tell from the information fur
nlshed me, whether any member consented
or did not consent. OF course | presume
that your board complied with the law and
that each member voted openly in the pres
ence OF the public, and that those who con-
sen;eG to the appointments expressed their
consent, and their names were entered on
your journal as conSenting, and those who
did not consent SO expressed themselves and
their names were entered in the journal as not
consent.ng. II any aid not vote l also pre-
sumo, their names and the fact that they did
not vote were entered on the Journal The
journal undoubtedly gives a correct account
OF your action, so that at all times it may be
referred 10 as proof OF tile vote of each mem
ber aud how he voted, showing on its face q
conn pliance with the law.
But as your Clerk has failed to give me a
full record Of your proceedings, l am com
PEELED to return his communication to you
with the request that he give ME full record
of your proceedings showing which OF your
members voted and how they voted.
Upon the receipt of this information | shall
Immediately proceed 10 nominate Others in
place of those you have not confirmed. l pI e
sumo that your journal contains full record
of your proceedings, and that the fault lies
with your Clerk. But if your Journals are de-
fective, would respectfully suggest that they
be amended so as to state these facts.
Unless your journal shows that at least five
members by name voted one way or the
other, the business is not finally transacted
AS this question may arise, and as 1t is essen.
tial that as public officers your official acts
should be entered on the journal, would re.
spectfully call your attention 10 the following:
/. The object of all statutes governing pub.
lie bodies is 10 require publicity, and to in.
sure certainty as TO who voted for q proposi.
tion and who didnot
THE STYLE IN MICHIGAN
In a case in Michigan the record of a meet.
ing OF a council was: Regular meeting MoA
day evening, June 29, 1868. The council net
pursuant to adjournment. Present Alder.
men Buckhout, Carlisle, FISHERMAN, Morley
Owen, Wood and zimmerman By Alderman
Carlisle Here follows the resolution after
which is this minute); Adopted unanimously
on call.
Wnlle the statute of Michigan is. ii is adj
mitled, different from the language OF our
charter, yet the reasoning will apply to both
cases. The Supreme Court held that this
who delivered the opinion OF the court, said
s'We are of opinion that the record does moi
show with sufficient certainty that all the
members present at roil-call at the opening o.
the meeting in question voted for the resoiu
ton; and il ii does not show that all did, il
does not show that any particular one OF
them did. What il does show, that at roll
call when the meeting was opened, and that
afterward, before the meeting adjourned, GER
tain resolutions were unanimously adopted
on call. Now, If 1t were q legal prtSum ptiOn
that all the members who were present at the
call to order OF such meeting rem aimed un
I'll its adjournment, and that no others came
in and took their seats a1terward, and Ii il
were also presumption that every mem bel
voted on each resolution on roll-call, the argu
ments of defendants would be complete, anC
we could say with legal certainty from thi:
re ord that these resolutions were passed witt
the affirmative vote Of each of the member:
named as present IN the clerks minuleS o
the meeting in question.
''But surely there are no such preSump ptlOn.