The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-10-22
Is MASEL A RESIDENT?
The Mayor Wants a Successor
TO the Fire Commissioner.
WHO HAS REMOVED HIMSELF
By Removing From the City. but HIS
Attorney Claims He Is Only
Away Temporarily.

Mayor Phelps last night sent the follow
ing communication 10 the council il re-
gard 70 Fire Commissioner Masel:
Il respectfully inform you that George
7. Nassi has removed from the city OF
Seattle. thereby. under the provisions OF
section 5. article Il. Of the city charter,
vacating his Office OF fire commissioner
OF this city. / therefore recommend that
your honorable body MI the vacancy by
the election OF MS successor. as provided
by the charter"
When the council met in joint session "a
take Up the mayors communication, John
Wiley appeared as counsel for Masel in
the trial Of the charges preferred against
him by the mayor previously. which trial
was TO have come of last night. but he
said that the question OF Mase! vacating
the Office by removing from the city was
news 70 him. and that he had no author
ity TO act for him in that matter After
considerable argument between Wiley
and Corporation Counsel Scott as 10
whether Masel had removed himself from
office by removing from the city. ami
after the mayor had testified as to his
reasons for believing that Masel had re-
moved from the city, and members Of
the council had done some talking, the
entire matter was put over for two weeks
and Mr. Wiley requested 20 write 10 Ma
Sci and have him make an affidavit as 10
whether he is absent from the city tenn
porarily. without intention OF staying
away permanently.
Mr.. Scott opened the discussion ny stat
ing that the mayor had sent a commune
cation TO the council that Masei had re-
moved from the city.
Mr.. Wiley-He has not removed
Mr.. Scott said that all he had 10 go on
was the mayors letter. and il IL was a
fact that Mssel bad removed from the city.
L. 8
ahead and try the charges against him,
because he mad himself vacated his office
by leaving the city.
James-If the mayor has any evidence
IN regard 20 this matter / would Ike to
hear it.
wiley-There is positive evidence that
Masel has not removed from the city by
the presence here OF myself as his counsel.
Scott-where is Masel?
wiley-In Butte. Montana.
Scott-What is he doing there?
Wiley-I suppose he is earning living In
ar honest way.
Scott-Tn what business?
Wiley-He informed me that he was 60
ing TO be employed over there.
Scott-Did he say when he expected 10
return2
Wley-He has not surrendered his resi-
dence here. and does not intend 10. II
is utter folly for this body 10 attempt 10
remove Mr. Nasal without some attempt
TO get him before this body.
Scott-This council ought TO determine
whether Mr.. Masel is removed before IL
proceeds 10 remove him. II the council
tries a man who has vacated his Office by
his own voltion IT'S action would certain
~ he useless. II Mr.. Wiley does not APP
pear for Masel on the proposition sub
mitted by the mayor. the council owes Il
To itself 70 cite Masel to show cause why
he should not he removed from this Office
James said that II there was any evil
dence to be presented as 20 Masel's re-
movai. he would like TO hear II; he want
ed TO have the matter settled one way or
another.
Mr. Scott said that II was simply a
question OF jurisdiction. If Masel had re-
moved from the city, the council had no
right 10 try him, because he had already
vacated his office.
Mayor Phelps was sworn by Alderman
Lovejoy. and said:
IT made this communication 70 the
council fully realizing the Importance OF
Fl, and perfectly willing TO stand respon-
sible for every word in IL. I believe that
Mr.. Masel has removed from the city. and
the Office which he held is therefore va
cant. My evidence for so believing is the
word of his friends. people who have
come to me and told me he was going
away. and the fact that he is away. /