Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1897-09-09

At the personal request of Mr.. q. L.
Solignac, member of the city council,
the New MEXICAN publishes the following
protest:
In accordance with my notice given at
the last special meeting of the city coun-
oil of Santa Fe, held on August 81, A. D.
1897, I hereby offer my objections against
the proceedings of the city council and
the rulings of the chair in the matter of
the removal of the late city marshal, Epi-
tacio Gallegos from office, which are as
follows:
1st. In my Judgment the change is
unwarranted, unjust, without cause and
as far as / can see not calculated to be
for the betterment of the people of this
city in general.
Cd. If it was necessary that such
change should be made, the laws of this
territory and the ordinances of the city
of Santa Fe provide for modes of pro-
cedure in such cases: These laws have
been wilfully disregarded and violated
both by the chair and some members of
this council, and l, as member of the
said council, protest and refuse to stoitify
myself in utter disregard of my oath of
Office by voting in favor of the PROPOSE
tion in question.
As have said above, if such was the
necessity to remove the late marshal from
his official position, section 3, of chapter
of the ordinances of the city of Santa
Fe, which 1 hereby quote in full, provides
for mode of procedure in such cases:
"Sec. 8. There shall be nominated by
the mayor and appointed by the city
council, at the first meeting of such coun-
Gil or as soon thereafter as practicable, in
each year, one marshal, one city attorney,
one city engineer, one city physician, one
translator, one police judge and one or
more policemen, not exceeding four in
number, who shall hold their Offices, re-
spectively, for the term of one year, and
until their successors shall be appointed
and qualified, unless sooner rem owed upon
charges by vote of majority of all the
members elected to the city council, such
charges shall be reduced to writing and a
copy thereof, with the time and place set
for hearing or trial of the accused, shall
be personally served upon such accused.
At such hearing all the testimony adduced
shall be reduced to writing and, together
with the charges, shall be submitted and
read to the city council, at the next regu-
lar session after such services and the said
council, upon the testimony so read, shall
declare the accused guilty or mot guilty
of the charges preferred If found guilty
such action shall be taken in the premises
as may appear just. Provided, however,
that such action shall be taken upon a
vote of majority of the members of the
council elect, and not by majority of q
quorum or other number present at any
regular or other meeting of the said coun-
GILL"
The above quoted ordinance of the
city of Santa Fe, except perhaps the
clause in regard to policemen which has
been somewhat modified in regard to the
time of their appointment to Office,
stands today law unrepealed and in full
force. The late city marshal, Epitacio
Gallegos, was appointed marshal of the
city of Santa Fe at one Of the first meet
iDgs of this present city council in com.
pliance with the above mentioned ordi-
nance. He was therefore lawfully
appointed for the period Of year; for
had the power OF right to appoint him for
less period of time 80 long as section
3 of the city ordinances stands in full
force and unrepealed. Then the only
way by which the city marshal could be
removed was by written charges pre-.
terred against him as the ordinance d.
rects and these charges must be passed
upon by majority Of the members Of
the council elect, together with the testi-
mony ia the case. II the city council in
their Judgment found the party in ques-
ton guilty Of the charges preferred
against him, then and not till then could
the charge be warranted and legal unless
the time for which he was appointed ex-
pired. Such steps as the law provides
were not taken, no charges were ever
preferred against him, therefore any ac-
ton or proceedings taken In the matter
in question are illegal, null and void and
IL is the reason why vota no.
g. L. SoLI0NAo,
Councilman from Fourth Ward.
New LIGHT. all tobacco cirarettee,