The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-04-16
WANTED TO HOLD OVER.
Ex-Chief of Fire Department HuSsey
Was Slow in Going Out.
SAID HIS TERM HAD NOT EXPIRED.
Refused to Surrender His Keys at First,
but Finally Concluded to Retire
Without Further Ado.

FIX chief Of the City Fire Department
j. j. Hussey reluctantly turned his office
ovcr t' his successor, Jack Arto. yesterday
cyeIing. Shortly after tho nomination aud
confirmation Of Mr.. Arto Monday after
noon Mr. Hussey raised question about
the dntc on which his term expired 70
Mayor Holt he insisted that he was ell
titled TO The office until the first Monday
Ia May, aud yesterday morning he an
nounccd that he would not surrender It be.
fore then. Mr. Hussey based his contcn-
tiou upon the provisions Of nm ordinance
passed prior to 1896 and relating to the
creation Of the FIRE department, which seem.
ingly gave him foundation for his claim.
The mayor submitted the matter to city
Attorney stone, who after looking into the
merits Of Mr.. Hussey's representations,
submitted the following opinion yesterday
evening:
Hon o. T. Holt, Mayor, City.
Dear Sir; Your inquiry as to when Mr.
Jack Arto shall assume the duties Of chief
Of the IRE department received. Article
~ of the revised code OF ordinances of The
city of Houston, which created the fire
department, provides that the CHIEF and
assistant chief engineers Of the fire de-
partm,nt shall be nominated by the mayor
aud confirmed hy the council ON the FIRST
Monday in May ana every two years there
after The date when this ordinance was
enacted Is not known, but evidently II was
1880. W. - the "''' ''O"u'' /" May
section Of the city charter, as amend
cd IN 1888, provides that The mayor shall
not later than the second meeting of the
city council after the next election nom
mate a. the council certain candidates.
one Of whom Is the chief of the fire depnYt
Al 10 no finn ate
council, The minutes of the city secretary
show that MIR j. j. uusscy WIS nomi.
hatrd by the muyor ana confirmed by the
council as chief Of the fire department of
The city Of Houston on Monday. April %
1900. Section Of the rty charter pro-
VideS mat the officers confirmed hy tho
council SHAH hold their respective offices
Tor TWO years ANA uutll their successors
are confirmed aud qualified. The two Years
tenure Of office 10y Mr.. Hussoy as chief of
the hre department has elapsed.
The provisions of the city charter MS
amended Ia 1892 will clearly control ana
sup"rsede any ordinance heretofore enact
'd, ANA, I'm my opinion after Mr. Arfo's
nomination lay the mayor aud confirmation
hy the council on the 1iih Instant he
became the chicf Of the fire department
Of the city Of Houston. with full authority
ia assume the duties of s1id office M once
at his election. Respectfully submitted
7. II stone, city Attorney.
Upon Teccipt of the above the mayor or
dsrcd Mr. Arto to at once tnko possession
ot the office of chief ~ the Gre depart
ment. la the meantime Mr. Uussey made
nus appearances 90 the city han ANA had n
short tnlk with the clty attorney over The
matter, In which hc said. after finding ont
oasr that hr wanted To consult furthcr
with hts attorneys before relinuuishlng his
place while he was away, presumably
i% "l thl5S PURPOSE, Mr. Arto proceeded to the
central hre station and took possession.
While he was doing this MIR Hussey re-
gtI.AIIu 't me rity han and informed Mr..