The record-union., 1896-01-06
DEVLIN'S CONTRACT WITHDRAWN.
No Desire to Embarrass the Mayor or
City Trustees.
If Not Wanted for Corporation Coun-
sci, He is willing to Relin-
qufsh the Place.

Considerable has been said and pub
lished of late regarding Robert T. Dew
Inns recent contract with Mayor Stein
man continuing him-subject TO the ap-
proval of the City Trustees-in his posi-
ton as Corporation Counsel, and by
some both the outgoing Mayor and him
self have been sharply criticised for
what has been claimed to be a desire on
their part to prevent the incoming
Mayor from nominating a person to
that position.
Mr. Devlin has decided, in view of
these criticisms, and what he regards as
a misunderstanding of the facts, to
withdraw the contract made with
Mayor Steinman a week ago. and thus
leave Mayor Hubbard and the City
Trustees free to do as they may please
in the matter. Mr.. Devlin thus explains
his action, and the circumstances that
prompt it, to a Record Union re-
porter:
Il have been misrepresented in this
matter, my motives have been miscon-
strued, and I have been charged with
designs that never entered my head.
Ito go back to the beginning, the city
Of Sacramento has always been in liti-
cation, more or less. and has always had
the services of some attorney. On May
y, 1894, pursuant TO authority con-
ferred by the charter, the Board of
Trustees authorized the Mayor to en-
ploy an attorney to attend to all civil
matters in which the city might be le-
gally interested, and to advise the city
officials. The ordinance provided that
his employment should be with the con-
sent Of the Board of Trustees, and he
might be summarily discharged from
the service of the city at any time.
Il was so employed, and the board
consented to my employment. 1t was
not necessary to have any contract
whatever but as a matter of business
it was better, possibly, to place such
employment in the form of a contract.
'The Mayor is only part of the ap-
pointing power under the charter. He
practically is only a nominating COM
mittee, and the power of appointment
is virtually vested in the Board of Trus-
tees. While they cannot appoint
originally, yet no appointment is valid
until they consent to it. The charter
confers upon the Board of Trustees the
power of removing any appointee upon
charges, by five votes, and of removing
him without charges by seven votes.
ment, unless there is some provision of
the charter giving him the power to re-
move, he has no such power, because
the charter expressly confers this power
upon the Board Of Trustees
THE Board of Trustees have power to
abolish any office provided for by the
charter. and possibly, under this pro-
vision, could abolish, if so desired, the
Office of Mayor itself. They have the
power under the charter to impose ad-
ditional duties upon officers provided
for by the charter, and have the power
to increase or decrease the compensa-
tion Of any officer, not affecting, how
ever, the incumbent. Section 219 pro-
vides that no officer or employe in any
department of the city government
shall be removed on account of his polit-
ieal opinions or affiliations.
The Board of Trustees examine and
audit all bills against the city of Sacra-
mento, and have power to levy and col
lect taxes, to sell, use, lease, control and
take care of the real estate and personal
property of the city; to lay out and close
streets and alleys to organize regulate
and maintain fire department.; to or
ganize, regulate and maintain a DO
lice department; to determine what
are nuisances to fix licenses; TO
provide for and maintain ali pub
lie buildings, parks and squares; to
provide for, conduct, erect all buildings.
alter or improve, keep in repair and
control the water front; to make appro-
priations; to examine and audit ac-
counts of all officers; to control, enlarge
or improve or abolish the cemeteries:
to establish fire limits; to provide the
city with water; to provide for lighting
the streets and alleys; to provide and
maintain a City Prison; to grant fran
chises; to require low lots to be filed.
and generally to do all matters in rela-
ton to the city government. Where the
board acts by ordinance six votes will
override the Mayors veto.
$50 you can see the Board of
Trustees under the charter has a vast
amount of power.
so far as my employment is con-
cerned, do not wish to antagonize any
one, and SO long as I remain in the
employ of the city wish simply to do
my duty.
Now, suppose a majority of the
board should think it unwise for the
present to change the City Attorney,
Ehere would at once be an unpleasant
friction If the Mayor did not desire
me to continue further as attorney. and
the Board of Trustees did, what posi-
siOn would be in, and what could any
reasonable man expect me to do? The
last contract, that has been so much
objected to, simply leaves this matter
TO the board, ana it seems to me as there
was likely to be a difference of opinion
on this subject, that it was fair to all
concerned that the board should ex-
press themselves before anything was
done.
But, inasmuoh as objection has been
taken to this contract, I shall with
draw it. I do not wish to be placed in
any false light but unfortunately I am
like the lamb in the pond-whichever
way I turn, or whatever I do, I shall
be blamed by somebody. If the Mayor
should nominate an attorney in my
place, and by any possibility the board
should not confirm him, would be
charged with attempting to defeat his
confirmation. If resigned, would be
charged with cowardice. and with leav-
ing the city without legal representa-
tive in the cases pending in court
1 have not opposed, and shall not op-
pose, the continuation Of anybody that
Mr. Hubbard may nominate. The
Board of Trustees in such matters need
no advice nor suggestions of any kind
from me. It has been represented that
am attempting to remain the attorney
for the city beyond the length of time
provided for by the ordinance. and that
am attempting in some way to rob the