The record-union., 1896-10-04

the service. Besides, as well said by
counsel for defendant, the plaintiff was
not an officer" but was merely an
"appointee" or substitute for an Off
Ger, and therefore, even if that proviS-
ion of the charter was mandatory, 1T
did not apply to him, or to his case.
AS to the second point. Section 80
of Article III. of the charter provides
that the Mayor, by, and with the con-
sent of the Board of Trustees, shall
appoint all officers of the city whose
election or appointment is not other
wise provided for in this charter or by
law"
Thls provision of the charter clearly
refers only to such officers as are pro-
vided for by the charter or by law, and,
as contended by counsel for the defend
ant; in the capacity in which he served
the plaintiff was not an officer but was
merely an employee, or a substitute for
an ofhcer hence the provisions of Sec
ton 81 do not apply here
During Greene'S suspension he was an
officer, q policeman, who had the right
at the termination of his suspension tC
| resume the duties of his office without
any further act or authority of either
| the Mayor or the Board of Trustees
| just as he would have the right to do
| II he had ceased to discharge his duties
| Tor day or q week from sickness or
other sufficient cause, and while the
| charter makes no provision for the cleo
| ton or appointment by the Mayor and
confirmation by the Board of Trustees
| Of substitute for a policeman GER
! tdinly the spirit of a. charter is that the
| citizens of the city shall have the bene-
| fit Of protection by at least fifteen per-
| sons acting in the capacity of police
men, and as Section % of Article III of
| the charter makes the Mayor the chief
| executive officer Of the city, and as
| Section p Of the same article provides
| that he shall see that the laws of the
| State, the provisions of the charter and
| the ordinances are observed and en-
| forced, it would be a very narrow and
| unreasonable construction to give to
| the charter to hold that where, from
| any cause, a policeman is temporarily
| disqualified for the discharge of his du-
! ties, the Mayor, as the chief executive
| officer of the city, and upon whom is
| devolved the duty of enforcing the laws
| and provisions of the charter, could
| not appoint a temporary substitute for
| such officer, where the charter makes
no provision for such appointment, and
| that therefore the citizens must suffer
| for the want of the services of such sub
stitute, and such is not the law.
But if the charter could be construed
| to mean that a substitute for police
man must be confirmed by the Board Of
| Trustees before he is entitled to a sal
ary, it does not prescribe any particu-
| lar form for such confirmation.
Webster defines confirm" to mean
! to render valid by formal assent; to
| ratify; corrobOrate; establish; fix; set
| tie; verify and to assure, and he de-
fines the word assure" to mean to
make sure or certain: to render conf
| dent by a promise declara ton or other
evidence, and while there was no for
NAL confirmation Of the appointment Of
| the plaintiff by the Board Of Trustees,
it did ''ratify" and verify and "as-
sure" and confirm his appointment by
| approving, allowing and ordering paid
| his salary for three consecutive
months: and having confirmed his ap-
| pointrnent, if as contended by coun-
sci for defendant, it was necessary for
the board so to do so. Then he could only
| have been removed as provided by SUBJ
j division ] of Section %, Article L., Of
the charter, which provides that the
Board Of Trustees shall have power
| 'to try, and by a majority vote of all
| the members of the board, to remove
| from office appointees against whom
charges have been preferred, and by not
| less than seven affirmative votes to re-
move any appointee at any time when
| in the judgment of the board the public
service win be improved thereby and
this was not done.
| CCnceding for the purpose of illustra-
authority to pass the resolution dis
Qualifying persons who may be nonin-
ated by the Mayor, and whose nomina-
| tions may be rejected by the Board OF
Trustees, from thereafter holding such
positions (Which question it is not
necessary here to decide), the resolu-
ton adopted by the board has no appli-
catfon to the plaintiff, because that res
oiution only provides that persons who
NJ We been rejected by the Board Of
| Trustees shall not receive any pay ol
draw any salary from the City Treas
uYy for the services he may perform
in said Office by reason OF his
| tesrperarily filing the position
trough appointment by the Mayor Of
ny ether officer Of the city" TIE plain
tiff vFas serving as q substitute for Off
~ Greene, when vacancy occurred II
tr police force by the removal Of Off
Ger Ruthere0rd, and while 50 serving
the Mayor nominated him for that posi-
tfon: i. ~. The position made vacant b,
puthcrfor,Fs removal, and by no rea
canable construction Of the Englisl
Iaagnago can IL be said that the posi-
ton Of Substitute held by the plaintiff
and for which the charter makes ~
provision, is the sanTe as the office o
roHccm man FOR which the charter make
provision.
The charter makes a policeman al
| officer and counsel for defendant con
tends that the plaintiff was not al
officer. and It may have been that th'
Fs9aTd Of Trustees had good or satisfac
tory reasons for not confirming th
plaintiff as a permanent police officer
and ut ahe same time he may have beel
entirely satisfactory as a substitute 70
Greene.
For these reasons 1t is clear tha
plaintiff is entitled to Judgment 70
the amount claimed in his complaint
and judgment viii he entered accord
lingly. A. G. HINK6ON, Judge.
We concur in the opinion.
A. 2. CATLIN. Judge.
MATT r. JOHNSON, Judge.
To the Point.