The record-union., 1897-02-09
AGAINST A SECRET BALLOT.
Mayor Hubbard'S Message to the City
Trustees.
He Declines to Keep Setting Up Men
to be Knocked Down by
the Trustees.

AT last nights session of the City
Trustees Mayor Hubbard sent in the
following message in which he severely
condemns the policy of the board in re-
fusing, by secret ballot, to confirm his
appointees without giving their reasons
therefor:
To the Honorable Board of Trustees:
At a meeting of your board held on
January 10Th you passed a resolution
as follows:
Whereas, A vacancy has occurred in
the position of Second Assistant En-
gineer of THE Water Works so made by
the death of NJ. b. Horne; therefore
be ii
Resolved That the Mayor be di-
rected to comply with Section 30 of the
charter OF the city Of Sacramento and
forward to the Board of Trustees ap-
pOintment of person to fill said posi-
ton
Again, at a meeting of your board,
held February list, by resolution, you
directed the Clerk of your board to
advise me of these facts and request
the immediate appointment to fill said
vacancy.
On May 25, 1896 sent "a message to
Your board on this subject, and to
which | most respectfully refer you. I
believe that that messag covers the
point nclw at issue. AS you know I
presented to your board the names Of
two persons to fill the vacancy caused
by the death of John Coffey, who was,
up to the time of his death, the Second
Assistant Engineer of the Water
Works. In my Judgment, these men
were both competent engineers and in
every respect qualified to fill that posi-
tion, and in SO doing 1 am of the opin
ion that / have complied with the
charter. After you had refused to con-
firm both of the persons named, l
concluded that 1T was for the best in
terests of the city to retain NJ. r.
Horne in said position, and did so.
The death Of Mr.. Horne does not
create vacancy, as he was not con-
ffrmed by your board. Upon the death
of Mr.. Horne I directed the Chief En-
gineer of the Water Works to place A.
H. Hurd in the position until such time
as it could be filled permanently.
AS / stated in the message referred
to above, | am not absolutely clear as
to my rights in the premises, but 1 am
Of the opinion, nevertheless, that, as
the chief executive officer of the city,
if, after two nominations have been
made and both rejected by you, l am
satisfied that a person subsequently
appointed, even though temporarily, is
competent to fill the position to which
/ have assigned him, | am not com
PEELED to remove him, or to continue to
send in other names for you to reject,
until, 10y so doing, you compel me to
name some person whom you may de-
sire to confirm.
This is one of the points upon which
the charter is not clear, and it might
be for the best interests of the city to
have the case presented. so that a ju-
diciai decision can be had. If your
board have the right ITO refuse to con-
firm the Mayors appointments by a
secret ballot, and give no reasons for
50 doing, you can place the Mayor in a
position where he cannot make such
selections as he deems for the best in
terests Of the city 1t evidently was
the intention of the trainers of the
charter to place this responsibility
upon the Mayor, and that your board
should only have the power to refuse
to confirm nomfna tions that were high
ly improper.
The secret ballot which you have
seen fit TO adopt is unAmerican, to say
the least. By it you are enabled to re-
ject the nomination Of a person, how
ever eminently qualified he may be to
fill the position to which he may be
appointed, without his knowing who
voted for or against him, and without
stating any reason why he should not
receive your support.
Such a method of balloting is unfair
ard unjust to a person seeking con-
firmation at your hands, and, in my
judgment, is unlawful There are
many decisions of courts of last resort
which hold that voting by secret ball
lot by legislative boards of munici
paIities is illegal.
| shall not discuss this subject any
further but will simply say that, if
your board is not satisfied with my ac-
ton in this respect, you are at liberty
to take such proceedings as you think
proper in order to bring this matter to
a speedy judicial determination, and l
shall do all that / can to assist in
carrying out 'ufe object of the board in
this regard. But / would also suggest
that, while you are endeavoring to find
out definitely what my duty is in the
premises, you also endeavor to ascer-
tain whether the secret ballot adopted
by you is legal or illegal. Respectfully
submitted, c. II. HUBBARD,
Mayor.
Davis said he made a motion some
time ago to mandamuS the Mayor and
make him appoint to fill the vacancies.
He thought it should be adopted As to
the secret ballot, the United States Sen
ate has adopted it, and it is all right.
Mckay said the board had refused to
confirm two good men and he thought
the Mayor was right.
Kent said the men filing such posi-
tions should file bonds as much of the
citys welfare depended on the care
exercised by them He moved that the
Auditor be instructed to refuse to pay
the warrants for Hurd.
Leonard did not think the po-
sition the Mayor takes would be
upheld by any court. The Charter has
given the board the power to pass up
on appointments, and 1t had exercised
il by its ac. giving its opinion as to the
competency of appointees. He did not
think there was any need of hurry in
the matter.
Kent thought the Mayor should be the
last man to talk about secret ballots,
when h. was elected by the votes Of
men who met in secret midnight meet
ings and and did not care to come out
openly.
Mckay said he was elected by the
votes of the majority of the best busi-
M IS men Of the city.
| The matter was. then dismissed.