The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-04-27
H. H. Goodrich Serves Notice on
the Mayor.
Claims He Is Entitled to Hold
His Position.
MAY TEST THE LAW.
Are sOld Soldiers" to Be Given
Preference.
Mayor BergundthaI Refuses to
Be Moved.

II. K Goodrich, superintendent of the |
electric light plant, is trying to hold his
job, and today served formal demand
on Mayor Bergundthal and each of the
councilmen that he be retained in the
position on the ground that he is an old
soldier
Last week he agreed to turn over the
Office to his duly appointed and con-
tirmed successor, Porter Mitchell, and
said that he would give up possession
today. When he called upon Mayor
Bergundthal this morning and present.
ed his protest, he said:
Things have taken a different turn
now. and do not propose to turn over
my Office"
Mr. Goodrich stated that he had
placed the matter in the hands of his
attorneys, David Overmyer and p. H.
Coney. This will probably result in a
test case of the -old soldier appoint
ment" law. It is the belief Of Mr.. Ber-
gundthaFs advisors that the law viii be
declared unconstitutional
Meantime, Mr.. Goodrich is in posses
sion of the plant. and will hold on un-
til ousted by somebody. 1t is probable
that the council will not allow pay for
Goodrich, Griggs, or Forbes, the three
officials who persist in holding their
jobs in spite of Mayor Bergundthars
appointments
When asked today whether or not
any steps would be taken to force Mr.
Goodrich 10 give up his office to Mr.
Mitchell, Mayor Bergundthal said:
I haven't decided what will be done
IL seems that I'm not ma yOr of this
city, according to Mr.. Goodrich. l am
not to be allowed to make appoint
ments There is one thing which Mr..
Goodrich overlooks. and that is that
Porter Mitchell is already appointed and
confirmed by the council The council
is not very likely to go back on itself.
and throw Mr.. Mitchell out Attorneys
generally agree that the old soldier law
is invalid Who is to decide what .euua
qualifications means unless it is che
nayor?'s
The action Of Mr.. Goodrich seems to
be a elimination of a plot to make
trouble for Mayor Bergundthal Several
members OF the city council who don t
like Bergundthal are backing Mr.. Good
rlch, and the recent examina ton of the
electric light plant. and favorable re-
port on Its condition is said to have
been part OF the scheme.
The document which Mr.. Goodrich
served on Mayor Bergundthal and the
members of the council is as follows:
TO the Mayor and Council of the City
of Topeka:
Gentlemen: AS you are aware. I. the
undersigned H. K. Goodrich. am at
present superintendent of the city light
plant of the city of Topeka, duly ap-
pointed by the mayor and council of
the city of Topeka The present mayor
and council of the city of Topeka. as
I suming that the term for which / was
J appointed had expired or would i'm
mediately expire, have gone through
the form of the appointment of Porter
Mitchell to be superintendent of the
city light plant of the city of Topeka
At the same that said Mitchell was so
) appointed was an applicant for reap
pointment.
I respectfully call your attention to
: the fact that as between myself and
the said Porter Mitchell. I possess the
qualifications by law which require at
your hands that I be appointed instead
of said Porter Mitchell for that the
said Porter Mitchell does not possess
the necessary qualificatio under the
statute which 7 possess, which by the
statute requires in such case my ap-
pointment- The statute to which I re-
: fer is as follows:
' An Act relating to appointment and
, employment of persons who served and
! have been honorably discharged from
the army and navy of the United
States"
Said act is in three sections. as fol-
section 1. In grateful recognition of
the services. sacrifices and sufferings
of persons who served in the army and
. navy of the United States in the war
: OF the TeD6ill0n. and nave Deen nOnOf-
a ably discharged therefrom, they shall
be preferred for appointment and en-
g ployment to position in every public
s department, and upon all public works
q of the state of Kansas. and of the cities
and towns of this state. over other
:, persons of equal qualification; and the
o persons thus preferred shall not be dis
qualified from holding any position in
e said service on account Of his age. nor
by reason of any physical disability.
a provided. such age or disability does
= not render him incompetent to perform
the duties Of the position applied for.
Sec. ?. In making any reduction in
force in any of the departments, cities
or towns Of this state. the officers Of
q such department. city or town shall re-
tain those persons who may be equally
qualified who have been honorably dis
II charged from the military or naval ser
vice of the United States. and thf
> widows aad orphans of deceased sol
d diers and sailors
d Sec. 3. Any person knowingly ane
e wilful1y violating the provisions of this
o act shall be deemed guilty of misde-
3 meancr. and upon conviction fined no
< less than FIVE dollars nor more thar
y twenty-five dollars for each offense''
= This act took effect March 25. 1886
g being part of the. laws Of that session
r BY this statute it will be seen tina
II honorably discharged soldiers of th'
le war of the rebellion have preference
. all things else being equal. or in 9th
y er words. *over other persons of equa
= qualification" 7 am an honorabIy dis
charged soldier of the war of the rebel
lion, as is known to your honorable
body and was known prior to the pre-
" tended appointment of said Mitchell
q Nor am / of such age or disabled il
= any respect as to render me ineompet
= ent to perform the duties of said posi-
+ tion, but upon the contrary a commit
< tee of your honorable body repOrtei
h only yesterday that my department
had been lawfully and correctly man