The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-08-26

sides Scranton, according to Mayor
Moir, who returned yesterday from the
Harrisburg convention, where he met
and talked with n number of mayors
of third-class cities.
As Mayor Moir puts it, there seems
to be a general attempt at usurpation
of the mayors power by the select
councilmen. In a number of the larger
cities, particularly Reading. Harris
burg and Erie there was "A change in
administration and wholesale changes
were made in the police force, fire de-
partment and other offices. In every
instance there was a squabble with
select council and annoying and some
times expensive hindranCe to munich
pal business resulted. Several of the
mayors interChanged letters regarding
this matter and as result of their
correspondence a convention of mayors
of thrd-class cities, to prepare legiS-
lation that will do away with future
bother of this kind was agreed upon.
1t Will be held in Williamsport next
month and circulars containing de-
tailed information of the affair will be
sent out at once.
The mayor of Erie. who is at the
head of the movement, asked Mayor
Moir to be sure to attend and Mayor
Moir promised that he would What
ever the convention might do, how
ever, would have no effect here. for
the reason that Scranton will be a city
OF the second class by the time the
next legislature gets down to work.
IS MORE SATISFIED.
After learning what the mayors in
nt hat .it Ipx. TN;,. l..
more confident than ever that he will
not meet with any serious difficulty in
vacating and reflling subordinate
offices.
At Harrisburg Mayor Frutchey. on
entering upon his third alternate term.
proceeded to clean out every subordin-
ate official on the city pay-rOlls, just
as his Republican predecessor had done
three years previously. Select council
attempted to hold him up, but when
Judge Simontons decision was rend-
cred the councilmen gave up and con-
tented themselves with trying to save
three police officers who were honor
ably discharged veterans of the Civil
war and protected by the Act of 1897
against removal except for just and
reasonable cause.
Judge Weiss settled this dispute by
declaring the Act of 1897 in conflict
with the constitutional provision Civ
ing the appOintvc power authority to
remove its appointees, and directed a
mandamus to issue to compel the coun-
Gil to act on the appointment of the
successors to the three veterans.
Every office in the city has been re-
filled with the exception of two. These
are the positions of sanitary officers.
They claim they We're appointed by
the sanitary committee of councils and
are exempt from Interference from
the mayor. The mayor doesn't believe
this and is after their scalps, too. Fhe
matter is now in court
In Reading. the Republican mayor
dismissed the whole police force and
corps of paid hremen and subordinate
officers in city hall all in one fell
swoop. Select council refused t. con-
firm the appointments he submitted
TO refill the offices and he refused to
approve any measures passed by the
councils. He had more than third
of the common council with him and
it was impossible, therefore to secure
the necessary two-thirds vote in each
branch to pass anything over his veto.
The council finally weakened and
agreed to confirm his appointments if
he would sign their ordinances and
resolutions. lie agreed and everything
is running smoothly again.
a NEW ARGUMENT.
The mayor of Erie also had several
tilts with the selectmen and was out
each time. In cOnversing with Mayor
Moir, he used the argument that a
simple majority of councils should have
the power of making appointments.
For instance. eleven men, in a city of
tWcnty-une wards were elected to rep
resent only little more than half the
city. The mayor, on the other hand
is elected for the whole city. Subordi-
nate officers are appointed for the
whole city and it stands to reason that
a body representing only part of the
city was never intended to have the
power of appointing them.
The much controverted section 8
| reads as follows:
The mayor shall nominate, and by
ana with the advice and consent OF
select council appoint all subordinate
officers of the city, whose Offices are
created by ordinance, excepting the
city clerk ana the clerks Of the diff
ferent branches of councils.
| and he may remove from Office any
such officers, appointed by the mayor,
for inability, official misconduct or ne
glect of duty, and in like manner, all
vacancies which may occur during the
terms of such officers shall be
| filed
The latter part of this section, the
clause beginning "and he may remove
| from office" taken together with the
second section of the same article,
making the mayor supervisor and sole
| judge of the conduct of all city officers,
is what forms the ground upon which
Mayor Moir takes his stand in the Saul
and Dyer case. He" and not "he and
the council" shall remove. the mayor
contends, and he is the one solely
vested with power To judge Of the con-
| duct of officers. He has determined
that Patrolmen Saul and Dyer have
| given cause for being dismissed and
has dismissed them. Select council
| has nothing whatever to do with the
| matter. The duty Of councils begins
when the meter Of confirming their
| successors comes up.
Mayor Moir also calls attention to
| the provision OF law reading that the
mayor shall remove a subordinate Of
| ficer on a two-third vote If both coun-
| ellis, and points out that this goes to
prove that it was never intended that
a bare majority Of the select council
| should have power over removals.
OTHER SIDE OF THE CASE.
The position taken by Saul and Dyer