The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-11-20
SET BACK FOR THE sPolLsMEN
RALTIMORE's MAYOR WINS A
FIGHT IN COURT.

The Effect NulIifieS the Action of the
city Council in Divesting Him OF
the Appointing Power-The COun-
ellis Fight ON the Executive
Wrought on by His Attempt to Give
the City Good Government.
Annapolis, Nd, Nov. 1.-the big politi-
oal fight between the straightout republi-
cams and the independent republicans over
the mayoralty of Baltimore, which has
haen In the courts for nearly a year, was
decided by the court of appeals this morn
ing The decision of the lower court is
reyarsed. and Mayor Hooper wins on
everv contested point. The effect of the
decision is to nullify the action of the
baltimore city council in taking from the
MAYOR his appointing power and giving 1t
to the city council.
Judge Russum. the only republican
indge on the bench of the court of APP
heals. dissented, and was the only dis
senter from the opinion, which was handed
down by Chief Judge McSherry.
baltimore, Md, Nov 19.-The circula-
zion Of the opinion of the court of APP
MEALS at Annapolis was attended by some
axciting scenes in and around the Balti-
11ore city hall. Mayor Hooper's face was
Yreathed in smiles as his many friends
crowded into the executive chamber to
congratulate him on his Victory over the
"spoilsmen."
@The decisiofi," Mayor Hooper said, us
a complete and thorough victory for all
the principles of good government, for
which the people Of Baltimore voted when
thev turned out the democratic ring and
nut the republicans in power in 1895.
Every good citizen win be happy to know
that the revolutionary grab ordinances,
passed by the city council through which
II was intended to strip me of the pre-
negatives of my Office, have been declared
Illegal"
The situation between the council and
the mavor. now that the ordinances pass
ed by the council, which take away the
power Of the mayor to name men to fill
offices in the city government, are de-
clared illegal, is that the new city council
will have to act on the mayors nomina-
tons Either they must confirm them
this time. or else the present incumbents
will hold until the end of Mayor Hoopers
term Because of the refusal of the city
council to confirm the nominations made
wear ago, hundreds of democrats are
still In office.
Then came the tug of war, passing these
ordinances over the veto of the mayor. For
this the republican councilmen required
the assistance of the democrats They
got this by a deal and then they started
to fill the Offices. There was a little point
in the law over which they could not climb,
however This was that the mayor was
REQUIRED to swear in all city officers. He,
of course, declined to do this.
Cant. Creager, nominated by the council
for city collector, applied for a mandamus
in the superior court to compel the mayor
to swear him in. This mandamus carried
with It the whole question Of the legality
Of the proceeding. and on June 80, Judge
Richie, who presided in the court, handed
down his decision, which sustained the
validity of the ordinances, and 1t was from
that decision that the mayor appealed, with
the result as above.
Briefly reviewed, the fight is this: Soon
after the election a year ago, the mayor
began to be badgered by the republican
politicians for Offices for the faithful
Mr. Hooper announced his intention to
appoint only men who were fit for the
offices for which application was made.
This barred large number of the or
ganizaton at the start. The politicians
could hardly believe their ears, but they
kept at their work. They insisted at first
politely, and then threateningly, that they
must have places for the men who, they
claimed had made success for their party
possible. Mayor Hooper took the position
that the good citizens Of Baltimore were
the ones, and the ones alone who had
made success possible, and that they must
be recognized, and not the politicians.
The mayor sent in a few nominations.
They were reluctantly confirmed by the
council. Then he sent few more. They
were held up until he would say what he
intended doing with some important po-
sltlons. Then came demands that the
mayor fatty declined to accede to-
From that time none of the nominations
made by the mayor were confirmed, and
nnally series of ordinances were passed
oy the council stripping the mayor of the
right to name any officers of the city gov
eInment except his private secretary,
clerk and messenger, and vesting that
Ilsht IN joint convention of the council
one by one these ordinances were passed
anu sent TO the mayor for his signature
Ihey were all returned of course with