Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1903-07-16
PALMER POLICE EXAMINER
Lawyers Declare That He Has
Clear Title to the Office.
Mayor Burke Withdrnws Appointment I
Of j. 4. Observation-Disclosures OF Sus-
pended Police Officers Ordered
Pnid-AIdcrmnnic business.

At a special meeting of the board of
aldermen, held Friday night, Mayor Burke
withdrew his appointment of J. a.
Gingras as police examiner to succeed
l.. f. Palmer after the opinion of Attor
neys r. j.. Brown and W. l.. Burnap had
been read to the effect that the appoint
ment by Mayor iIawley of Mr., Palmer
would hold. The other feature of the
evening was the opinion of City Attorney
Brown that the suspended police officers
were lawfully entitled to their pay since
their suspension and the authorization OF
the payment of the bills presented.
The appointment of Mr.. Gingras was
referred to the above mentioned attor-
neys at the meeting of the board Monday
night. T'hcir report upon the question
began by review of the situation and
closed as follows
The question is, whether there is any
vacancy in said office of police examiner,
ar, in other words. whether the effect
of the decision of the court is also to
seclude the said Palmer from exercising
the functions of that office.
1t is to he observed that this Office
cannot be filled by the mayor alone; his
appointment or nomination is entirely
ineffective without the concurrence and
The only infirmity here claimed is that
Hiwlcy's act in making the appointment
of Palmer, that is, his part of the joint
act necessary to cndow Palmer with the
office, was unlawfuly performed because
he was not, in point Of law, mayor of
the city.
1t is not in dispute, however, that when
this appointment was made Hawley was
de facto mayor, that is. holding the office
and exercising its duties under color of
an election. and that he was not u
mere volunteer.
The law is we'll settled that his acts
III such capacity are as valid and effectual
when they concern the public and the
rights of a third person as if he had been
mayor dc jure.
In making this appointment the pub
lie was concerned: the appointment under
the charter as has been said, was to
he made by the mayor during the first
week In Alril, or the public right would
be lost; it seems clear therefore that the
appointment of Mr. Palmer was properly
and legally made by the mayor de faCto.
The only remaining question is whether
Mr. Palmer still remains the legal police
examiner, Notwithstanding the custer of
the Ge facto mayor.
Nest Of the decisions of courts upon this
suticCt have been made where the APP
pontce was only the privy of the APP
the rights of the appointec were deter
mined in these cases in view of that
naked and unaded title.
! Had MIR. Palmer been endowed with this
office by the sole act of the de facto
mayor--evcn then the distinct weight of
American authority. based upon the
necessity of proper maintenance of public
service, and the interests of the COM
munties, is that his title to he Office
| would remain good. Notwithstanding the
custer of such de facto mayor.
Much more, under the provisions of our
! charter. requiring the concurrence Of the
| board of aldermen must 1t he true that
| the title of Mr.. Palmer is such that 1t
! remains una ffected by the custer of the
de facto mayor.
In view of these charter provisions and
the facts and circumstances as stated
above, we are clearly of the opinion tina
| Mr.. Palmer was legally and properly con
stituted police examiner and that his title
! to the Office remains undisturbed
After It's opinion had been read Mayor
! Burke aSkcd leave to withdraw the APP
| pOir :qnent and it was returned to him