Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1899-01-26
THE BURLINGTON FREE PRESS THURSDAY JANUARY rs 1899

took effect by virtue of that part of sec
ton 21I, which provides that the city Of
fcals holding Office therein under acts
thereby repealed shall hold office TIL the
expiration of their current terms OF OF
flee, and not by reason of the term of Of
fee of the chief of police under the old
charter being continued The right to hold
office for the term provided by the old
charter was personal to him and his right
was all there was in the way of the may
ors making an appointment for three
years under the new charter. When he
died. the term of the office, under the
saving clause in the new charter, expired;
and there was no uneXpired term to be
filed When he ceased to exercise the
right secured to him, there was no va
cancy to be filed under the old charter,
for 1t was no longer in force; nor was
there vacancy to be filled under the
saving clause of the new charter, for that
provided for only the term of office for
such officials as were in office when the
new charter took effect. 1t did not pro-
vide for the term of office of the chief
of police thereafter appointed The term
of his office is controlled by section 2l5 of
tho new charter. and at the time Dumas
died no appointment had been made un-
der II. While Dumas held the office UNI
der tho saving clause of section 277 OF
the new charter, the right to appoint a
chief of police under the provision of the
new charter was suspended. When he
died the obstacle to an appointment was
removed, and tho new charter in so far
as it related to the appointment Of a
Grief of police, for the first time became
rativr. AMI thereupon tho complainant
was. under the new charter. appointed
chief of police. There is nothing in the
charter that makes the term for which
he is appointed any less than it would
have been If there had been no chief of
4. IL. ,,t.., fool >
effect.
/ If Dumas was not appointed chief Of po-
lice. when the new charter became opera
tive. there was no chief of police, and
the mayor could. at any time after the
act was in force. appoint chief Of po-
lice. who would hold his office for three
years from tho time he was appointed
Thc complainant was the first appointee
under the new charter, and his term OF
office Is for three years from the time
he was appointed. He Is, therefore, en-
titled to hold the office until the cXpira-
ton of that term, unless sooner removed
under the provisions Of tho charter.
Complaint sustained, writ awarded, ant
Judgment that the complainant is entitled
to said office, and that the defendant dc
not in any manner interneddle herewith
nor concern himself in nor about the
same, but that he be absolutely foreiudgeC
and excluded from exercising any of Tho
functions thereof, and that he do pa!
the costs of this proceeding
Mr.. Smiths case was ably handled bl
Hon H. S. Peck of this city. who IS may
or appointed him to the Office. Mr.. Peel
cont ended that when the now charter be
came operative it repealed the terms o
the old charter relating to the appoint
ment of a chief of police and the tern
of his office The new charter did no
provide for the filling Of any vacancy II
this office and that when the office be
came vacant from any cause new ap
pointce would hold for a term of thre
years. In other words the charter fiXo'
the term of the office for three years
and the appointment must be for tina
time. This contention, it appears. wa
fully sustained by the court and form
the gst of the decision in favor OF Mr.
Smith. 1t goes without saying, therefore
that Mr., Smiths victory is largely du
TO the legal ability of Mr.. Peck.