The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-05-10
A REBuKE To rAwCErr.
Taccrua Council Ref,isca 70 Approve
barber lAsherty's Ncvclutisn.

Tacoma. May s-Speclai The asim.n,s-
tEsiien of Mayor Fawcstt received a body
hlcw today when the city council refused
to SANCTION the Illegal ouss.ng from ofies
Of the chiefs Of the tare and naiice seasrs-
rnenss ard the sabcrdinates N these ae,art-
snenss and the water department who were
sneerenoniously bounced" by Ccmynis.
s'oner OF Public Works Thomas DoAersy.
The matter came up On a resolution tn
srciuced by Councilman NJ. r. Bulger
uop). 10 the effect that the council of
ficiaily approve Of the d.scharginx Of the
old men and declare their offices vacant.
II further provided that the new appointecs
he declared legally in possession OF the Of
fices TO which they bad been appointed by
the mayor and tho commissioner. Mr.,
Buiser explained his resolution by saying
that he desired. In view Of the legal Ques-
tions that had been raised. 70 prevent the
eisy's being forced TO pay salaries to two
sets Of employees. the discharged men ciaiu-
fax that they were not legally deposed and
that they were entitled 10 pay until they
had been lawfully relieved from the service
OF the city.
No sooner was the resolution hsfore the
council than Councilman w. II. Harrtn
Ussa) Of the First ward. raised . yigor-
ous protest, ohiectinx to its pasaAse. He
made . strong argument agaanst the res
oluiion, setting forth that the mayer had
adopted al the last election Incorporating
civil service into the organic law cf the
city. Harris claimed that all the acts ce
Mayor Fawcett in the filing Of ofacea OUT
side Of the city attorney and commluGloneP
OF public works were illegal because they
were contrary TO the charter. He claimed
that as Commissioner Doherty's odlcial
bond had not been approved. he was not
qualified to assume tho once and perform
the acts of a city ofiicial and that tharo.
fore his appointments were null and void.
Harris said that mona Of the new ap-'
pcintees Of tho administration could draw
pay for their services until they were le-
galiy inducted into ONCE.
The First ward councilman was support.
ed In his position by Councilman p. D. Nor.
ton tRepl. who explained tho illeenl char
acter OF Mayor Fswcett's acts In dlaresard-
ing tho charter amendments. Hartman
qopD and Bulger spoke In favor of the
administration. but when vote wns tnken
II was defeated by II to 3. those voting eye
being Buiger. Hartman and Parker (Dew.).
An interesting fact IN connection with
the councils refusal TO confirm the actn
OF the administration II that the police
officers hold their commissions during ths
pleasure OF tho council. It follows that
until the old men are formally removed
by the council their tenure Of ogffce con-
sinueS II is not likely that the council
as at present constituted. will approve oe
the Wholesale clearing out of the ofE3res
in defiance Of the law that was made un-
der Mayor Fawcett's direction II n un>
dsrstood that II any attempt v made to
pay salaries 10 the new men or to pay
bills contracted by Commissioner Doher.
~. the city viii be mandamused by tax
payers.
Committee. City Attorney John r. Judson
today rendered an opinion touching tho
power OF the council to compel tho Ta-
coma Railway q Motor Company 70 paws
Pacific avenue between their rails. Mr..
Judson informed the committee that the
company was bound to comply with the
conditions OF the franchise granted BY or
dinance TO Nelson Bennett and others. IN
which there is . clause providing that cha
company shall pave o. macadAmise thae
portion Of the streets and avenues over
which its rails shall be laid. between the
rails Mr. Judson said further that the
council could compel the company 70 ace
franchises.
A resolution was passed giving the oom.
pany ninety days in which to pave bstweeo
the rails.
The bond Of ccmmissiousr Doherty vs.
laid over. the nnanca COMMITTEES having
notified him that II was not sat!sfactory.
II is understood that Mr.. Doherty viii furn~
Ash new bond next week
The trouble AT tbs electric light station
continues. Last night several Of the street
circuits were out. ard many complaints
from residences lighted By the city have
bern filed within the past few days. In
some cases large number OF incAudescene
lamps were burned out. caused By a1
Improper regulation OF the current
X. b. Mullen began suit In . quo war
Tanto this afternoon against Mayor FAw-
cett and Commissioner Doherty to recov-
er possession Of his office. He alleGco
that City Clerk Smyth neglected TO POST
che amendcmenfs to charter In connpicu-
Gus places. and that they we're Illegally
printed. The petition Of plaintiff asks the
court TO direct thn sherin to place him II
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