Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-06-02
SESSION or CITY COUNCIL
City Marshal Middle Still Demanding Al
tention Of Solons,
Special Correspondence.

Special Correspondence.
Provo. Utah Co., June 2,-The mat
ter Of the city marshal muddle came up
again in the city council last evening
Late yesterday afternoon Myron c..
Newell the appoIntee Of the mayor
filed his official bond, approved by the
mayor, with the recorder, who pre-
scented it to the council. He was in
structed to send 1t to the mayor with
the statement that there is no vacancy
In the office of city marshal
Councilman Taylor read the follow
ing letter from Attorney General
Breeder bearing on the subject
referring to our personal interview
on Friday last, permit me to say, that
our statutes are silent on the subject
Of filing vacancies occurring In cleo
tive city Offices. Ordinarily the mayor
Is vested with power to till such yacGn-
cies and he possessed that power un-
der Sec 2li'R. S. But our Legislature
at its session of 1899 on page l2l
amended this section Of the statutes
and specifically limited the power OF
the mayor in his appointments, to NIL
ing vacancies occurring in appoinuye
city offices, This being a direct and
specific limitation, In my opinion, con-
fines the mayors power of filling va
cancies to such offices as are specified
in the law, Now as TO who has the
power to ill vacancies occurring in
elective Offices At common law the
power OF appointing officers is TO be
exercised by the municipal corporation
at large, and not by any select body,
unless It Is so provided In the charter,
Our laws and your charter authorize
the common council to iill vacancies
occurring IN its membership by electing
some suitable person TO MI the yacan-
cy, should one occur, section 1877 X. 5.
Now while there Is no direct power
vested in the council to fill vacancies
occurring in elective offices, yet by
analogy and under the rules Of the
common law and the necessity for the
welfare OF the municipality to have
all its city offices filed II need not be
directly conferred by charter, but the
power is incidental 20 the general du-
ties of the council to fill all vacancies
occurring in any city office, where the
power TO al such vacancy has not been
specifically vested somewhere else.
Very truly,
M. A. BREEDEN."
This evening, after filing his bond.
Mr.. Newell made formal demand upon
Marshal Tucker for the office which
was refused.
other business transacted by the
council was as follows:
Mrs. Sadie Simpson and others petit
toned to have a family moved from
the neighborhood because IL had proven
itself a nuisance by entertaining men
with strong drink and vulgar language.
Referred to the city marshal.
r. NJ. Boardman and w. W. Conover,
discharged city teamsters. again de-
manded their positions on the ground
that they had not been discharged by
the mayor, who appointed them. The
communications were ordered returned
to she writer's.
The recorder presented estimates OF
the EXPENSES OF the city for the re-
mainder OF the current year, placing
same at sl24633O The city has about
So 900 on hand and the revenue from
licenses and other sources is estimated
at $4,000.
The same official also estimated the
expenses for 1904 at $4,000, with a
probabl income from licenses. etc, Of
$4,000, leaving a balance OF $4,000, TO
be raised by taxes. The report was re-.
ierred TO the committee on finance.
Councilman Taylor reported that the
committee on waterworks was now in
yestieatlng the matter Of connecting
the waterworks system with the
springs In Provo canyon, and would
report its findings as 10 the most feast
bic route etc. at an early meeting
Two ordinances were pass& The bi.
cycle ordinance. and an ORDNANCE pro-
vlding for the incorporation In the
city limits Of territory south OF the city,
which was segregated some tine ago.