Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-04-02

department. The force Of this logic Is
very Nyelke ~ not convincing.
Another point Is that "the city Coun-
ell ls the legislative branch Of our mu-
nicipal government and has no exeeu-
tory powers whatever" Just think OF
limb Of the law unfolding such an
assertion as that having before MIN
the laws Of 1893, which he cites IN MS
effort TO bolster up the Mayor
alleged veto Of council resolution'
The statute referred to says in refer
once TO the police and fire departments
.The head Of each department shall by
and with the advice and consent Of the
civ Council and approval OF the
Mayor. appoint all subordinate officers
employees men or agents in his depart
mept. sc. Again: "The action OF the
Mayor and the city Council In remoY-
ing the head Of either department shan
be- final ana conclusive, and shall not
be reviewed or called In question oeiore
any court" Il not that Executive pow
err" II Il is executive power IN the
Mayor Is It not also executive power In
the city Council2
The same statute authorizes the Cl'y
Council to create support maintain
and control a police department ana
fire department." Is not that power eS-
eoutlye as well as legislative? Take the
entire chapter l2l OF the laws OF 1871
ON the Powers Of City Councils ana
evecutlye AS well as legislative author
lty is clearly conferred as to the resu-
,atlon and control OF city affairs There
are some things the council cannot DO
without the approval Of the Mayor
there are some things the Mayor can
not do without the consent Of the couh-
ell There are other things that each
can do without consulting the other
and which neither Of them can veto or
annul
The majority Of the council have tax
en- the ground that the action Of the
seven members out Of body of ifteen
was not the action Of the city Coun-
ell. Therefore they do not acknowledge
the present incumbent as Chief OF Po-
lice. They have not attempted to re
move" him without the concurrence Of
the Mayor: they proceed on
the premise that he was mot
confirmed" They may be wrong
"a to that; 1t is possible that they may
be right. Only competent court can
decide the point in dispute. The opin-
ion OF the City Attorney does not count
for much in view Of his numerous legal
blunders on other city matters The
verdict Of newspaper no better IN
formed is Of still smaller value, If pos
sibte. The Mayor being guided by such
authorities frequently falls INTO
Amazing or amusing errors, and SO the
Vordy war goes on.
We do not pretend to decide the dues-
ton that must be submitted 10 the Ju-
detail power, as to the legal status Of
the de facto Chief Of Police A strong
argument can doubtless be made on
both sides Of the question But we have
no hesitation In stating our position as
to the powers Of the City Council as
clearly defined in the statutes, for they
leave no room for doubt, on the ming
ling OF executive and legislative au-
thority. extending to rules and regula-
lions and labors and works for the
good order, comfort. convenience and
protection Of the city and its property
OF these powers the council cannot be
deprived, either by the obstruction Of
any official or the say-so Of any oppos-
Ing publication.