The herald., 1898-11-19
Objections Answered

appearing IN Inc Herald Oh 1NoN' ~"
wherein is set forth certain criticisms OF TN
proposed new charter, no wise ]ustihed D!
that instrument or by the law.
First-lt is suggested that the mayor doe
not have the power of removing certain
the officers appointed by him. Tins state
ment is true as to the members OF the Vari
Gus boards and commissions, because I'M
new charter expressly fixes and dennes th'
term of office of each of these boards an(
commissions. 1t is also true as to the tw'
members of the board of election, appointed
by him by and with the advice OF the council
because their terms are also expressly nNet
and defined by the new charter. See Peo
pie VS.. Hill, 7 Cal, 81; Smith VS.. Brown, ~
Cal, 672 and People ex-rel Sedgwick VS.
Shear, 10 Pac. rep, p. 92.
But the mayor can remove the city attor
ney, the city engineer or the superintendent
of streets at any time he chooses so to do
because their terms are not expressly de
clared or fixed in the charter.
See California supreme court decision!
above cited also the numerous authorize.
cited under the title Public Officers" or
page 502 of American and English Encyclo
pedia of Law.
The general rule applicable in all such
cases is well stated in the above case OF the
People VS. Hill, ICal., page l02, in this Ian
guage
The power of removal is an incident to
| the power to appoint as general propo-
| sition.
| Second-The following statement is made
in the communication to which | refer:
1t might be mentioned here that, al
though in several instances the pro-
posed charter declares that certain Off
GERS shall be subject to removal in GER
tain cases, there seems to be the utter
omission of provision as to how or by
whom it shall be done.
As showing the error of the above state
ment, | call attention to sections 10, "
and 81 of the proposed new charter, which
are as follows:
Section 70. If any elective or ap-
pointve officer shall die or remove from
the city. or absent himself from the city
for more than thirty days without the
consent of the council, or shall fail to
qualify by taking the oath of office and
filing his official bond as required with
in ten days from the time he received his
certificate of election or appointment,
or if he shall resign or be convicted of a
misdemeanor connected with the per-
formance of his official duties. or be con-
victed of felony or adjudged insane, or
shall absent himself from his office for
more than twenty days without the con-
sent of the council, or if any such officer,
other than members of the board of edu-
catiorl and of the police and fire depart
ments, shall accept any free transporta-
ton from any railroad or street car
company operated within this state his
office shall be forfeited thereby and shall
be declared vacant by the council or the
mayor, and the vacancy shall thereupon
be filled. in the case of an elective officer
by the council and in the case of an ap-
pointive officer not included in the
classified civil service by the mayor, un-
less otherwise provided for in this
charter.
Section so. All officers subject to the
provisions of this charter shall hold
office until removed, suspended or until
their successors have qualified.
Section 81. The council shall have
mower to suspend any officer of the city,
pending trial. against whom any criminal
proceedings or civil action for the re-
covery of money due the city has been
commenced, and the mayor shall ap-
point a substitute for such office dur
ing suspension. In voting upon the sus-
pension and removal of officers the men,
bers of the council, suspending or remov-
ing the same, shall vote by ayes and
noes, and the same shall be taken and
entered upon the journal.
As further showing the error of your cor
respondents statement | direct attention
ko
10 in this language: ''Or if he shall be con
victed of misdemeanor connected with the
performance of his official duties
This finds its antecedent explanation in
the provisions of sections 758 to 10, both in
elusive of the penal code, wherein is set
forth in the general laws of the state, appl
cable to ali officers of every district, county
township or municipality, complete scheme
for the impeachment and removal of city
officers who are derelict in their duty OF
commit any msdemeanors in office. What
more is necessary? Certainly nothing.
Third-The most fallacious point made is
in the statement:
We must bear in mind that power once
surrendered is hard to recover. And that
the right to choose those who shall be
in authority over us was achieved not
quite a century and quarter ago after
centuries OF oppression and denial of
sucn right, and to surrender it in how
ever small degree looks like step back
ward and an impeachment of our fitness
for f-government.
What the gentleman says we'll applies as
between a people struggling for liberty and
right to govern themselves as against a
hereditary monarchy or other government
that denies such right in the people.
We have achieved our liberty and estab-
lished the right of self-government as against
all outside and foreign foes. But, within
our own municipal governments, and en-
gendered by our own institutions, new prob
lens and new foes have arisen, which were
unknown and unforeseen by the fathers who
fought the triumphant battles for civil lib
erty and framed our federal plan of gov.
ernment. The enormous overgrowth of the
modern municipality resulting from the great
industrial age that has come upon us during
the last half century has created conditions
and aroused questions that cannot be safely
met or solved upon the democratic theory
of government by majorities, and opposition
to the centralization of power. The best
and most effective government of the city
has been found to result when resort is hac
to those broad business principles which
must be applied to insure success in the
management of large private corporations.
The citation, therefore, of the struggles
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