The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1904-04-29
Mr.. Titus Explains.

concerning certain appointments for the
offices OF marshal and street commits
sioner.
In view of the fact that | cannot see
all of my fellow citizens personally and
inform them of the exact situation, |
take this method of reaching you and Of
stating the facts as they exist.
Concerning the office of marshal
stated to the council in my address to
that body upon assuming the active du-
/ ties of the office of president of this vii
! lage, among other things as follows:
"Among the officers TO be appointed
by and with the consent of the council is
marshal, a street commissioner and GER
tain other officers. The laws of this state
and the village charter provide for this,
The closing clause Of the law authoriZ-
ing the appointment of marshal, street
commissioner and other officers reads as
! follows: Provided that the marshal
may also be appointed as street commits
sioner'
at has always been a custom in this
village to appoint the same person for
marshal and street commissioner, and
the salary for the office has been raised
from time to time from $500 until it now
reaches $500 per annum."
In accordance with these views, / ap-
pointed Jas. +. Billiard for marshal and
Aaron Hathaway for street commission
err, both of which appointments were
promptly turned down by the board
without assigning any reason or reasons
therefor.
Subseq uently, Trustees Killefer, Snow
and Shepard were appointed by me as a
special committee to fix the salaries OF
village officers for the ensuing year.
They made their report and fixed the
salary of the marshal at $500 per annum
which report was adopted by the full
board.
1t then came to my notice that it was
thought by some members of the board
that with the marshal's salary at $500
and $3.50 per diem pay for a street
commissioner it would more than absorb
the $500 salary fixed for the marshal.
M essrs. Billiard and Hathaway then
made application IN writing to the board
offering to perform the duties of marshal
and street commissioner respectively for
$3.50 each, so that this village could have
had the services of two men for the price
one had been receiving.
The president then reappointed these
gentlemen for the positions, which APP
pointments were as before promptly
turned down.
Deeming it best for the public inter
est and acting under the laws of this
state dismissed the former marshal of
the village FROM office and declared the
same vacant.
Without any knowledge upon the part
of the president and without consulting
him in any manner, acting wholly with
out authority, certain members of the
committee on fire and water. after con-
sultation with Mr.. VIM. Killefer, leader
of the democrat majority upon the board,
attempted to employ Willis Clapp, the
deposed marshal, at the rate of Sl.75 per
day to look after the engine house and
things" as expressed by one of the
members of the committee when asked
10y the president as to what Mr.. Clapp
was employed to do. In short, paying
him greater salary for caring for the
engine house and things" than he had
been receiving as marshal.
This matter came to my attention last
Monday evening, and took occasion to
state to the board that | would not coun-
tersign an order for the pay of Mr.. Clapp,
employed as he was without the sem
blance of authority, unless compelled to
do so by an order of court of competent
Jurisdiction.
1t is now claimed by certain members
of the council that the president has 20
power under the existing ordinance to
divide the office of marshal and street
commissioner, and at the last meeting
of the board Councilman Anderson pro-
duced an opinion addressed to him from
the village attorney, and had the same
read to the board, so holding. | have
great respect for the opinion Of our viii
lage attorney upon legal matters, but |
have the counsel of an equally able and
eminent attorney that Notwithstanding
the ordinance of the village the president
has the right and it is his province to
appoint person to the office of marshal
and another to the Office of street com
missioner and that the laws of this state
so provide, and that when the ordinances
of village contravene the statute law
they are nugatory.
This is also in accordance with my
own views of the law. Where lawyers
disagree, courts oftentimes have to de-
eide.
At the last meeting Monday evening,
the leader of the democrat majority, Mr..
Killefer, attempted to override the very
ordinance which he contends prohibits
the separation of the office of marshal
and street commissioner by moving that
the board employ Willis Clapp to collect
the electric light bills. + "The mar
shall shall also collect all electric light
bills and perform such other duties as
shall from time to time be required of
him by the village council. Sec. l, or
dinance 81, page 10, village ordinances
as amended.
And yet he attempts to hide behind
an ordinance in CONFIRMATION of the
laws of this state and says that the Office
of marshal and street commissioner are