Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1899-01-26
/. J. Smith CHIEF OF, POLICE.
SUPREME COURT SUSTAlNS HIM IN
HIS CONTENTION.
Charter Fixes the Term for Three Years
and appointment Must 30 for That
Period-wiII Hold Office Until
March 10, 1901.

Unless sooner removed by death or for
some other cause provided by the city
lcharter LOOMS j. Smith will serve as
chief of police Of the city Of Burlington
until March 16, 1901. He Will also get his
pay as chief from April %, 1885, which mas
been denied him because of Mayor SUIT
tons refusal to sign Il warrant FOR such
pay. Mayor Sutton's refusal has been
due to the fact that he appointed, ON tho
18th of last April. Patrick j. CosSrovc as
chief of police, claiming that Nj. Smiths
appointment by Mayor Peck was for the
unexprcd term Of Jerome Dumas, de-
ceased. Mr. Dumas term of three years
would have expired April 25, 1885
| When Mr.. Cosgrovc's pointmcnt was
made, it was at first thought that h.re
could be a truce in hostilitIcs until the SUI
premc Court of the State could pass VI on
the question, Mr.. Smith claiming that mis-
appointment was for three years from its
date AS might be expected II double
headed police department did not prove an
unqualified success ana one balmy June
evening Mayor Sutton walked into the po-
lice Office and ordered Chief Cosgrove to
put Chief Smith and his desk out. Mr.
Smith went out of the inner office with
out making any disturbance about It and
his desk was placed on the SIDEWALK. y
few minutes later, when 1t looked like
rain. Mr.. Cosgrove ordered the desk car
ried into the Hook and Ladder room
,,i az ,,i' M at,, ~
go, I,i " ~, ii, &C. ,t. o.,
$50, -, -. - ,',.,,i ~, ho,ir C,,,of
Cosgrove. restraining him from longer az
Stunning the duties Of chief OF police and
from interfering with Chlei Smlln IN the
exercise or tue Junction OF ms oi''c''
Ctiol oH'ith cuutiilueu az heiclVl.ic "
annoyed by Mayor sutton WHO rcius'u 10
recognize nun as cheI' IL would seem
tnat Wheh tne mayor iou''u MI. "H'i' II
canning TO De ciiCi as "sIi"St MS oW i u
"PlO,'tee NuSsioNv ne F'iOoio low. '.''.l
tuteu iesaI ui..Se ~ See Mno wa" s en-
titIeu 10 inc oiI'cc anu ~. euiiot w a. GO
10 ptcoIlie uei,.o, No. ,n' ouei .o.i'''Ce
ms c'a'.uants roi SuDr an A t. az. ".
nee as .i,ls. MOI oo,ls 80, me- oliil !, H.
Dy ms at,or"e!' eN-Nia9ol 20 n, ca.s u d
VIZ VI quo ""', az" ~, w. ioI'i ',t'o.o ~ ~
Octooer 'ei III VI oupic'"e Noui " We We
selNeu Oh MI. siose, uei,.'I'u!iIs -.
nm " 9ii"" Wy ""dt i,e"' Ui Oh" nv. ~ =
~ Nl,iiiie" ."e ~ ~ ~ Oi,i % I'M,
" iolIre' v ~ puiidtl ., t'iiS cry anu
D'iilIshaii. iluee no" Iailu % nio,,t
pelIel were ooNsl oNe couiSe'; 49,
ihoiiy was lahel' aII" Cauac SIi Ntu ~ ~
St'oper teiHl' me c"so Ich 70 ouus
Hta't' WIN iianueu "oMh me olii''Jii VI
TAFT. being a resident of burlington. pre-
ferred not to sit in the case Judge Ross
disser+ed t5iva iudoas concurred in the
uissehleu' rive J.useS cOi0uiie 60 III 81,
apic opinion "nicn lo'lo"s II, iuii' VIZ
, tho court.
MIN, ,,rC,o1oN
Aiir
"The complainant was appointed chief
. of police for the City of Burlington. on the
16th day of March, 1898, and he contends
that his term of office is for three years
from the date of his appointments The re-
spondent claims that Jerome Dumas was
, on the 9th day of April 1895 appoint tee
chief of police: that his term of office was
for three wears from that date; that he
held the office until his death Feb 4th
1895. that the complainant's appointment
J. was under the charter. for the unexpiret
term of Jerome Dumas appointment: tina
? the term for which the complainant wa.
5 Amounted expired on the 9th dav of April
1sqs. that on that dav he the RESPONDENT
was appointed chief Of police for thre,
- veors. and that ha holds tho Office of RIGHT
- nnder bie anointp,ept and tho CITY cha rter
Under tho charter as amended nv No
a no NJ the Acts of 1874 II was tho duty n
the MAYOR on tbe 9Th dav of ApriI 1sa5
10 on,nirt a cbiaf Of nolico for tho term n
| tho ,,aars from, Tho o5tb dav Of Anril
4 1907 Nv No 1As of tho Acte IF 1896 III,
. .cbortar and oil octs rnIotincy tbere+o wer
, oTordcd 60 as 70 read as is nreecrihe,
! tboroin ava tha ricbts Of tba n,rtiee nus
S ~. do,nrr,i,od rrop, on irenoction % mi
= az, &c ,'n,hin, com+oinod IN tho nrior ON
actu.n,e nn, incornoratad into tbis 40
> 80 T., forno ot 10 tir,a tba nortios ,o
y ai,.,1 .hlir rasnoo,t,.a a,1nojntrnort So
. 49,, a-S 81 ~ 49, onnntnoa,,t ,,ro,.;do.