Birmingham state herald., 1896-11-20
MAYOR HOOTERS VICTORY The Baltimore Political Fight
 Decided AND THE SPOILSMEN LOSE To the Victors Belong the Offices, but the
 Mayor Said Nay THE PEOPLES RIGHTS COME FIRST.n He Stood Firmly for Good Government and the Political Ring Began
 Bitter Fight and
 Lost Out.

Annapolis, Md, Nov. 19.-The big polti- cal fight between the straight out repub- licans and the independent republican mayor of Baltimore, which has been in the courts for nearly year, was decided by the court of appeals this morning. The decision of the lower court is re- versed and Mayor Hooper wins on every contested point. The effect of the decs- ion is to nullify the action of the Balti- more city council in taking from the mayor his appointing power and giving it to the city council.
 Judge Russum, the only republican judge on the bench of the court of ap- peals, dissented, and was the only dis senter from the opinion, which was hand ed down by Chief Justice McSherry. u
 Baltimore, Nov. 19.-The circulation of the opinion of the court of appeals at Annapolis was attended by some ex- citing scenes in and around Baltimore city hall. Mayor Hoopers face was wreather In smiles as his many friends congratulate him on his victory over the "spoilsmen."
 'The decision," Mayor Hooper said, "is complete and thorough victory for all the principles of good government for which the people of Baltimore voted
 
 ring and put the republicans in power in 1895. Every good citizen will be happy to know that the revolutionary grab or dinances passed by the city council through which it was intended to strip me of the prerogatives of my office, have been declared illegal"
 The situation between the council and the mayor, 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- tions. Either they must confirm them this time or else the present incumbents will hold on until the end of Mayor Honpers term. Because of the refusal of the city council to confirm the nomina- ttons the mayor made year ago.. hun dreds of democrats are still in office. Briefly reviewed the fight is this: Soon after the election year ago the mayor began to be badgered by. the republican politicians for offices for the faithful. MT. 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 ganization at the start The politicians could hardly believe their ears, but they kept at their work. They insisted, at first polite.y, 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 Balti-' more were the ones, and the ones alone who had made success possible and that they must be recognized and not the poli- tcians.
 The mayor sent in a few nominations. They were reluctantly confirmed by the council. Then he sent a few more. They were held up until he would say what he intended doing with some important positions. Then came demands that the mayor flatly declined to accede to.
 From that time none of the nomina- tions made by the mayor were confirmed, and finally series or ordinances were passed by the council stripping the mayor of the right to name any officers of the city government except his private sec retary, clerk and messenger, and vest ing that right in a joint convention of the council. One by one these ordinances we're passed and sent to the mayor for his signature. They were all returned with his veto.
 Then came a tug of war, passing these ordinances over the mayors veto. For this the republican councilmen required the assistance of the democrats. This they got by deal and then they started to fill the offices. There was a little point of 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.
 Capt. Creager, nominated by the coun- ell for city collector, applied for a man. damus in the superior court to compel the mayor to swear him in. This man. damus carried with 1t the whole question of the legality of the proceedings and on June 30, Judge Rltchie, who presided in the court, handed down his decision, which sustained the validity of the or dinances and it was from this decision that the mayor appealed, with the result stated above.