The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-05-01
SHEETS
Is REMOVED
Supreme Court Holds His Elec-
ton Was Not Legal.
LIABILITY WAS INCURRED
THAT NEcESsITATED MAJORITY
VOTE OF ENTIRE COUNCIL.


George A. Sheets as chief of the salt
Lake police department was not legal.
Later in the day Mr.. Sheets turned the
department over TO Captain John 3
Burbidge.
For the second time since the resig-
nation Of former Chief Samuel Paul a
few months ago, the captain is now
acting chief How long ne viii hold
that position remains TO be seen: il de-
pends entirely upon when Mayor Ezra
Thompson VIII make another appoint
ment. He said yesterday afternoon
that he had not had time since the de-
cisiOn was rendered to give The matter
any serious thought.
Decision Was Not Unanimous.
The decision in the supreme court
was written by Chief Justice Baskin.
It was wholly concurred in by Assoei-
ate Justice Bartch and partially so by
Associate Justice McCarty.
The contention SIS to the legality OF
Chief Sheets election hinged on the
question as to whether mis- induction
INTO Office created a liability against
the city. The question whether it re-
quires a majority of all the c0uncfImen
elected TO confirm an appointment was
a minor consideration with the bench.
on the first proposition Justice Baskin
held that the chiefs election did create
1or1ty vote of all the cOuncilmen elect
ed, as provided by the statutes. On that
point Associate Justice Bartch con-
CURED, Associate Justice 8IcCarty dis
senting- On the question as to whether
II necessitates a majority vote Of the
cOuncilmen elected to confirm. the thres
judges were unanimous. they agreed
that Il does require such a majority.
not a majority of these present.
The first thing Captain Burbidge viii
do this morning viii be to certify &c
the payrOlls of the department which
are today two months overdue As
soon as he afixes his signature 20 them
as acting chief Of police. he viii send
them to City Auditor Albert s. Reiser
who said yesterday afternoon that as
soon as he received the payrOlls from
Captain Burbidge that he would issue
the warrants TO the policemen for the
months Of March and April
Sheets Notified by Telephone.
Chief Sheets received word by tel
ephOne Of the decision of the supreme
court shortly after the opinion was
handed down. He was in the office al
the time in consultation with Captain
BuTbidge.
We'll. I'm out and it's up TO YOU to
keep things going, he remarked to the
captain.
Rising from his seat ne took the keys
of the Office from his pocket and handed
them over to Captain Burbidge TAX
ing his hat and coat the ex-chisf bade
the boys goodbye and wished them
good luck Then he walked out Of the
station and strOlled down the street
About . o'clock ne returned TO the sta
ton and officially turned the Office over
to Captain BUrbidge. When asked for
a statement. Mr.. Sheets replied.
I'm out; that's all there is 10 it. ]
did the best L could While 1 was there,
and would have done more had I beer
sustained but apparently they are moi
satisfied with me so 1 must go
While regret that I am out, stiU
have something Of which I am very
proud. -
At that the former chief unblttOned
his coat and exposed 70 view the gold
badge which was recently presented to
him by the mem bers of the force.
That is more valuable TO me than
the title of chief Of police" he cOntin-
ued. I shall keep it as long as live
and cherish it above everything else
own. The boys were all loyal to me 10
a man, and L wish them all The success
possible"
Mayor Thompson Gays he does nof
know what course he VIII pursue. He
expressed surprise at the outcome OF
the matter.
Il haven't had time yet to decide
whether I viii appoint some one In his
place or not he said. 4 cannot tel
what will be done until I have had time
To look into the matter more thorough
~ Captain Burbidge viii. of course
assume charge Of the department as he
is the ranking officer, and he viii act as
chief until something else is done. This
is all can say about the affair at pres
emit
The decision of the court. with the
qualified concurrence of Associate JUS
tice MeCarty, follows:
Decision of the Court.
This is an original action Of qllo war
rantO instituted in this court by the az
tOrney general, on behalf Of lhe state.
to test the right of the defendant
George A Sheets to The office of chief
Of police of Salt Lake City. Eh5ch he
claims under an alleged appOi1JEleut by
tie mayor and city council and in PIlr-
suance Of which he entered Husn and
is discharging the duties of said office
A general demurrer IS interpOsed 20 ~he
complaint The validity of the appoint
ment OF the defendant IS the only dGes-
ton involved.
The office of chief Of police Was ere
ated by city ordinance. Section 2l4, re-
vised statutes, 1895. is as follows.
The mayor, by and with the advice
and consent Of the council, may APP
point all such officers and agents as
may be provided for by law or ordinance.
and. in like manner, fill all vacancies
provided by law.
Contention of the State.
It is admitted that at the time of the
alleged appointment of Sheets there was
a vacancy in said office, and taa- the
mayor had the authority by ard with
the advice and consent of the city cOuu-
ell, to fill the same by appointment The
appointment OF Sheets was sent by the
mayor to the city council for approval
The council consists of fifteen members,
and at a regular meeting of the same
at which only thirteen members were
present motion to consent to and con
firm the appointment was made and q
vote was taken in which seven OF the
thirteen members present voted for and
six against the motion
on the part of the state it is contended
that the consent of a majority OF ali or
the members of the council was neceS-
sary under the section Of the stan Pc
fore quoted while on behalf OF the de-
PENDANT il is claimed that the consent
Of the majority of the quorum present
vas only required. The number or coun-
cilrnen whose consent is Necessary 70
confirm an appointment by the mayor
is not IN terms expressed IN saiu SET
ton of the statute The intentlon OF
said section in that respect, IS dsceI-
tainable by the inspection OF otlSf FIo
visions of the statute when sheo AshI
upon the subject.
Hinges on Word Liability
section 200 of the revised statutes pro.
vides that "the majority or the colaelt
elected shall constitute a quorum 10 do
business This general provision, 8 u
were not limited by subsequent provi-