Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1897-01-29

which your ordinance provides may
be removed by this council and the
only grounds provided. That am en-
ployed to work for the Water, Light &
Power Co. in addition to the street
rumors' seems to constitute, in the
Mayors mind, the head and front OF
my offending Now contend that
am not disqualified under the law by
reason of my employment by this com.
pany, any more than by the street ru.
mors' that the Mayor put SO much
stress upon, but ask it as right from
this council, that be given an oppor-
tunity to be heard in defense of this
position. Grant to mo my constitu-
tional and reasonable right to be tried
before this council as provided by your
ordinances, and shall be content with
your conclusion in the matter. have
not the means to enable mo to fight
the case in the courts and would not
care to pursue the matter here but for
the fact that am misrepresented, ma
ligned aud wrongfully accused by the
Mayor. This peremptory order and
the alleged reasons therefor by the
Mayor are we'll calculated to convey
the impression that my administrl.
tion of this Office has been bad. The
Mayor has arrogated to himself the
function of accnser, judge and jury,
and then by denying me the right to
| be heard. has with II flourish of trum
pets endeavored to take the whole mat
ter out of your hands and adjudge me
guilty on his own motion. Against
fhiS pNrnnnnli,,p I MI 4. .,,t
your hands the right guaranteed to
every American citizen to have fair
and impartial hearing before an i'm
partial tribunal.
Respectfully Submitted,
j. Il. PARKS.
Mr.. Parks bases his resistance to the
order of the Mayor upon section 15 of
chapter , of the city ordinances, which
is as follows: ANY officer of said city,
appointed by the Mayor and council,
may be removed by two-thirds vote
of said council for incompetency,...o ...or
any dereliction, or lviolation of duty
wherein the council shall think that
the interests of said city require said
removal. Provided, That no officer
shall be removed as aforesaid until he
shall have notice of the acknowledgements
al and of the charges preferred against
him served upon him and and an op-
portunity given him to make his de-
! fense before the council.'
Mr. Wilson then took up the
legal phase of the question con-
tending that the Mayor had not the
right to remove tho Auditor as the APP
pointment is made in conjunction with
the aldermen, who must confirm. He
made some hair-splitting distinctions
and cited numerous authorities, giving
supreme court decisions of other states
in support of his position. Constituting
the law of the state under u supreme
court decision to give the Mayor abso.
Lutte power to appoint his police officers
and remove them at will, but in the
matter of Auditor, as the appointment
must be confirmed by the aldermen,
the latter becomes Il creative power
and only through them is removal
possible. The statutes were evidently
against Mr.. Wilson's position, as shown
by City Attorney Cleveland's putting
of them, us is the decision of the su-
preme court. The ordinance in ques-
ton he showed to be i'll conflict with
the laws of the state, and therefore
void, though Mr.. Wilson contended
differently us far as the Auditor was
concerned.
The city council evidently felt it due
to Mr.. Parks to favorably consider his
communication, but the matter was
not taken up. When the attorneys
had ceased the Mayor announced by
communication that he had appointed
G. G. Smith as Auditor and laid the
matter before the council for consider.
alton.
Alderman Wells then introduced the
following resolution:
Whereas, The Mayor has issued All
order to remove John +. PARKS from
the office of City Auditor and has pre-
sented his reasons therefore to this
council; and
Il w hCA CtsSs AhO SAoy &AuulpoL utts
submitted his reasons to this council
denying the authority of the Mayor to
peremptorily remove him and claiming
his right to be heard before he can be
removed from his said office; and after
hearing the matter fully presented by
; counsel on both sides, it is hereby
"Resolved, That it is the sense OF
this council that the removal of the
City Auditor can be done only by this
council, and that we hereby express
: our confidence in the fidelity and hon.
esty of the said John Il. Parks aud that
we recognize him as our City Auditor
and demand that he serve as such until
his successor is duly appointed and
qualified"
} Alderman Mower seconded the reso
luton.
, The Mayor declared the resolution
out of order and refused to put it, say
ing that vacancy existed by virtue o
the power vested in him bv the statutes