The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-03-02
MAYOR CLARK TO THE COUNCIL.


Last evening Mayor Clark submitted
to the council communication in reply
to the councils resolution of Febru-
airy g. s
This communication is certainly q
most remarkable document. Referring
to the state law relative to the police
and fire departments, the. mayor says
the provisions are not clear, and law
yers disagree as to how they should be
construed. He says three views are
taken, and are advocated with tenacity
by those who uphold them His honor
then states the views, which are:
First: 1t is contended that the police
and fire departments went out of ex-
istence, and the terms of office of all
the policemen and firemen expired. on
the first day OF January, 1898. and that
to make legal police and fire depart
ments, it became necessary to pass an
ordinance recreating the same. IN
derstand this is the view taken by the
council.
Second: 1t is claimed by others that
the law continues the officers and ~em-
beers of these departments in Off I'M
til their successors shall be appointed
and qualified.
Third: 1t is claimed that the law
continues the officers and members OF
said departments in office during good
behavior.
His honor then says that he has been
unable to satisfy himself as to which
construction is the correct one.
His honor says that he has been I'M
able to satisfy himself as to which is
the right construction of the statute.
From this it is to be inferred that he
has been seeking legal opinions from
others than the city attorney. 1t is
possible that he consulted City Attor-
ney Hall and got his opinion, and that
it was not what he wanted. If he did,
Mr.. Hall is not to be blamed for not
giving an opinion other than what he
believed to be the true construction of
the state law; as a lawyer and gen.
tleman he could do nothing else.
What does the mayor suppose Mr..
Hall was elected city attorney for?
Ornament or use? He was elected to
be the legal adviser of the mayor and
council, and to conduct the city's legal
business. The mayor says he has been
unable to arrive at any conclusion as
to what construction of the police and |
fire law is the correct one. Very like /,
ly; but his duty is to accept the con-
struction of the city attorney, and |
abide by it until the courts have deter |
mined that another construction is the |
correct one. Why did not Mayor Clark /
come out and declare, in plain terms. |
that he has no faith in City Attorney |
Halls opinions regarding the law? He |
plainly intimates this in his communi |
cation to the council And then Mayor |
Clark expresses the hope that Mr.. Hall |
will expedite the Pratt case so that a
decision may be had as soon as pos
siblei If Mr.. Hall doesn't break his |
neck in mad, wild rush to comply
with Mayor Clark's wishes in this mat
ter it will only be because he is hui
man.
What Mayor Clark says about the
construction of the police and fire law
and his inability to decide which is the
correct construction, is nothing less
than a direct affront to City Attorney
Hall. Supporters of the mayor have
professed to be greatly shocked because
the council has dared to reject one of
AAi7 SAPROtAeSCS, Se~siiAS IL DIS
siderate of his rights and wishes; talk
ing about the insults it has offered the
mayor, but had the council plotted for
the past two months how most sue
cessfully it could heap insult and in
dignity upon the mayor, it could never
have approached the mayors treat
ment of the city attorney. Surely the
mayor has the strangest ideas of the
rights and courtesies pertaining to his
office.