Great Falls weekly tribune. [volume] (Great Falls, Mont.) 1894-1???, 1895-09-13
swindler, was indicted today by the
grand jury for the murder Of B. F. Piet-
SOL YATES WINS.
Judge Benton Says He Is Still the City
Jsiier.


Jsiier.
Judge Benton, in the district court,
yesterday rendered decision in the suit
OF the State of Montana, ex rel, David
II. Young, VS.. Sol Yates.
1t will be remembered that several
weeks ago Mayor Webster appointed the
relator to succeed the defendant as city
jailer. When the roll was called on the
question of confirming the nomination
four of the aldermen voted in the af-
tirmative and four, although present, de-
clined to respond to the roll call. There
upon the mayor voted in the affirmative
and declared the nomination confirmed.
A few days after the meeting Mr..
Young formally demanded that Mr..
Yates surrender the Office. The request
was refused. Mr.. Young then instituted
suit to oust Mr. Yates.
Judge Benton yesterday decided in
favor Of the defendant and ordered that
the costs of suit be assessed against the
relator. Notice of an appeal to the su-
preme court was at once given by Mr.
Young'a attorneys.
Judge Benton's decision was accom-
panied by the following:
Memorandum-The question involved
in the case is whether or not the mayor
is member of the common council, and
the question is one purely Of statutory
construction. An examination of the
different sections of the code would lead
to the conclusion that the mayor is not
a member Of the common council, in the
sense that he is authorized to vote on a
question arising before the body.
Section 324 of the municipal act, page
GSl complied statutes, provides: THAT
the administration and government OF
each incorporated city, Incorporated
under this act, shall be vested in a may
or, and in common council, composed
of two aldermen from each ward. and in
such other officers as the mayor ard
common council may provide for, and
elect or appoint"
Ia section 3AA3, third session, laws of
1893, the statute provides: IF any va
cancy shall occur in the Office of city at
torney, police magistrate or city treas
urer, the mayor shall fill such vacancy,
subject to confirmation by the council.
Again, in section 348, there is the
provision, that SAT the first organization
Of the council of cities of the first-class
the mayor shall appoint, subject to the
confirmation of the city council. one
city cleris," etc, and provides that the
method Of confirmation of appointment
shall be by ballot or by calling the yeas
and nays, as the council may determine
In section 3G2, providing for the du.
ties of the chief OF the fire department
the statute again provides that he ehai
be subject to suspension ard removal by
the council, and the mayor may appoint
another ia his stead. "subject to con
hrma:ion by the council"
II further gives him the power in sec
ton 3G7, to suspend any officer elected
or appointed under the PROVISIONS of this
act, except aldermen, until the next
regular meeting of the city council, wher
he shall report all facts relating TO such
suspension for the action Of the council
and upon majority vote Of the entire
council and tho approval cf the mayor
, the removal Of any municipal officer
shall be effected"
4 nd the same section provides "tha
he shall have the authority, by aud with
, the consent Of q majority Of the rlem
bers Of he CRY courciL ro snsg@rd. etc
In section 39S it il provided thai u!
officers may he suspended nr removed b,
4 vote % the majori y of the aldermen
. approved by the mayor,
, In view of thos, different provisions. i
seems to lnn that it was the intention ~
lho legislature thai the mayor @npuIj