The record-union., 1896-05-26

JSCt, WHICH KNEW InuSl Ill Que lllIie NC
considered and determined. I stated
then as follows:
Il do not think it is the spirit or in
tent of the charter that the Mayor
should be hampered or dictated to in
any manner in regard to his appoint
ments; these persons are his personal
staff, or assistants to aid him in carry
ing out the law and such ordinances as
you may enact. And unless the persons
so appointed are without the requisite
qualifications or lack the necessary
ability, or are not honorable and re-
spectacle citizens, / do not think your
board is justified in refusing to confirm
them.
1.-THE Mayor must depend upon these
officers to carry on the work required In
the different municipal departments,
and it is essential for the proper execu-
ton Of the new charter and to have an
efficient and effective administration
of our city government that the Mayor
and his department officers should
work in harmony"
Entertaining still the same opinions, l
believe it is absolutely necessary that
the Mayor should have full power to fill
the offices with persons satisfactory to
himself, providing the public service
should not suffer, and that your board
should not interfere in any manner
whatever, except as expressly provided
by the terms Of the charter itself.
I observe, in this connection, that
your board at the same meeting adopted
a resolution notifying me that my ac-
ton in retaining in the service of the
city persons who have been rejected by
hoo .o,.I &C. iyo oil of
of the charter, and that you will refuse
to allow the claims of such persons for
compensation. In this regard have to
inform you that, while 1 am not alb
solutely clear as to my rights in the
premises, I am of the opinion neverthe-
less, that, as the chief executive officer
of the city; if am satisfied that such
persons are competent to fill the places
to which 1 have appointed them, re-
spectively, ] am not compelled to re-
move them, and your refusal to pay
their salaries will not prohibit them
from collecting the same by due process
of law.
While it is true that in one or two
instances have retained in the employ
ment of the city persons who have been
rejected by your board, I cannot con-
cede that your board has any interest
in the matter because the charter IN
vests me, as Mayor, with the power to
make any appointment, temporary or
| otherwise, to fill vacancies, and the
Board of Trustees need not be under
any apprehension in regard thereto, so
| long as the public service is not placed
| in jeopardy.
There is nothing in the charter which
| NToU from
| persons rejected by your board to re-
main in their respective positions until
such time as the Mayor may wish to re-
move them, and I have been unable to
/ find anything which gives your board
| power to remove them for me.
| A mistaken idea exists in the minds
| of some of your members that a rejec-
| ton by your board of person nomi-
mated for an Office or other position under
| the city government effectually places
/ the seal Of condemnation upon him, and
that he is thereby precluded, at least for
| two years thereafter, from performing
any of the duties pertaining to the Of
| flee, or place for which he was nomi-
mated. Were such an Interpretation
! tenable your board would control to a
great extent the appointive power
!
| Thus, the very purpose of the charter
would be frustrated, and the Mayor
would be deprived of considerable part
/ of his power AS Section 80 provides
| that none of your members shall ever
interfere in the matter of appointments,
except as expressly provided by the
charter, 1t is clear that the Mayor has
full control Of the subject matter Your
rd ho oil n in bot r. a J,
temporary appointments, and whether
such an appointee is holding his posi-
/ tion before or after rejectment, is a mat
| ter that does not concern the Board of
/ Trustees.
The spirit and intent of the charter
are sufficiently obvious from the Ian
! guage employed in the section quoted
| Your board should remember that all
positions under the city government
must be filled, either temporary or per-
manently, and the public service, for
reasons that are manifest, would be
greatly hampered if the Mayor were not
given the choice-the sole choice-of
! subordinates pending the selection by
both Mayor and Trustees of persons who
shall fill such places permanently
1 trust that have fully explained my
position, and that it will not be mis-
understood hereafter. I have no doubt
/ of my rights in the premises, but if you
| have, l suggest that you consult the
| Corporation Counsel and in conjunction
with him take such measures as may be
necessary to obtain definite adjudica-
ton Of all the questions involved AS
the charter IS silent upon some of them.
and as a final adjustment Of the subject
matter would be as beneficial to me as
to your board, I shall, as Mayor do all
that lies within my power to facilitate
and not retard a speedy settlement of
the whole controversy. Respectfully
submitted,
c. Fl. HUBBARD Mayor.
President Leonard called Wachhorst
to the chair, and said he did not recol-
lect since he left home receiving such
a lecture. When he took office, Mayor
Hubbard intimated that he wanted
| harmony He GeonarD thought the
Trustees had the right to reject or con-
firm his appointments He had always
! inquired into the character of appoint
ees, and voted conscientiously upon
I them. He had been informed that the