The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-02

1t is not unlikely that Mayor Clark
viii have to wait the councils pleasure
in providing a place for Arthur Pratt,
or any other appointee to the head OF
the police department. Of course, 1t Is
not expected that the council viii de-
lay enacting an ordinance re-creatinS
the Office OF chief of police, which was
abolished TWO weeks ago, to avert a
condition that fOrebCde i'll to the police
force But if his honor-elect should
submit the appointment of MIR. Pratt
without first arranging TO secure the
concurrence of the council IN the re-
mOVal of Sergeant Rhodes as officer IN
command of the department, that is, if
no other provision is made to create an
Office for Mr.. Pratt in advance OF the
appointment, a large-SiZed stumbling
block win be in the way Of the plans
of both the mayor and the eX-chief.
From a group Of city officials and
leading attorneys q Herald reporter
yesterday heard d discussion of the
conditions and the laws authority
which foreshadow the peculiar and IN
looked-for combination of circum-
stances coming and likely to come to
Pass. It appears that Mayor Glendin-
ming feared Arthur Pratt would at
tempt to assume command of the police
force at the close of the year, that be
ing the time when the police commits
sion became officially dead. To pre-
vent any clash of authority, the mayor
appointed Sergeant Rhodes to the post
OF command until otherwise provided
by proper authority"
The Dale ordinance, so-called, saved
the organization Cf the police depart
ment. but without a chief, after mid
night on Dec. 81. The revised statutes
OF Utah furnish the authority for the
action taken thus far and in prospect.
The ordinance which Councilman Dale
introduced and was passed, simply pre-
served the number of men in the po-
lice and fire departments, but it did
not designate a chiefs office
The contention is made by some few
that if Mayor Glendinning had a right
to appoint an officer in charge of the
force On Dec. 81, Mayor Clark would
have a similar right on Jan. 8, after
u O'Clock, noon, the time of his aSsum-
Ing the mayoralty chair. But this plea
is met with u statement that the force
is full to the limit allowed by the ordi-
nance, and. further, that no vacancy
exists. In refutatiOn also of the claim
that the new mayor has as many pre-
negatives in this respect as had the
retiring executive when he placed Ser
geant Rhodes in command, the law is
cited, showing that with the dawn of
the new year there was a change in the
law, whereby the mayor must have the
NO1-LuA AC41NC III t4iC COQlltil IL lie WISHES
TO create a vacancy, by removal, in
office. To be more explicit, so legal tai
eut reasons, Mayor Clark must remove
Sergeant Rhodes as commanding officer
of the police force before he can ap-
point Arthur Pratt to fill the sergeant's
shoes, pending the enactment of an
ordinance re-creating the office. of chief
It is laid down as a sound legal prop
osition that there can be no removals
of the police and fremen by the ircom-
ing mayor, unless the council consents
to create vacancies in this manner, so
that Mayor Clark can name new sub
ordinate members for either depart
ment It is equally sound to contend
that the incoming executive cannot ap-
point any policemen or firemen until
vacancies are created in the manner
just related.
incidentally it may be remarked that
while similar but not identical condi-
tions obtained in both the fire and DO
lice departments at the close of the
year, the new law governing both de-
partmeDtS went into effect on the lst
inst, only the late ordinance directly
affecting the police chieftaincy, and
hence Mayor Glendinning was moved to
act impartially in designating pro tenn
pore commanding officers for the fire
men and the policemen in the interest
of the public welfare.
The ultimate solution of the dilemma
that is supposed to confront Mayor
Clark and Mr.. Pratt will be the enact
ment of an ordinance creating the Of
fee Of chief Of police and designating
the number and personnel of the force.
Then, OF course, removals must be le-
galIy made before appointments of the
rank and file will be in order. The
milk in the cOcOanut that Mayor Glen
Dining cracked with the new law. and
his prel'Ogative on the dawn of the
year 1888, is that if. Mr.. Pratt is to be
appointed chief of police, he will have
TO wait few days longer than he had
anticipated to let the situation clear
itself a little.