The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1904-12-31
Republicans Claim That a Vacancy
Exists in the Board.
,MANDAMus PROCEEDINGS
The Newly Elected Police Commits
sionera VIII Commence Mandamus
Proceedings :, In the Circuit
Court TO Compel Issue.

II Is reported that the republicans
have, held conference and outlined
the course to oe persuei In the police
commission embodiment. The plan
is for the recently elected commissions
ers to appear at the council chamber
next Monday at 1a o'clock. noon. the
hours appointed by the charter for the
annual meeting. and demand their cer-
tificates Of election. OF course. these
will be refused, Mandamus proceed
ings will then be instituted to COM
pei Auditor Anderson to issue them.
This will bring the case In the courts
for adjudication. The contention on
the part of the republicans win be that
there is vacancy In the police COM
mission; that the Offices OF Cook and
Barker are vacant by reason of their
removal from the city, and that Cook
| is not property owner or resident as
required by the charter and the Offices
become vacant by operation OF law.
That the term of s. s. Gordon has ex-
plred and should have been filled at
the election held this month. The char
ter providing for the election Of po-
lice commission makes no provisions
for filling vacancies. SO the charter
provisions for filling vacancies Of on
GERS would govern. Section 27 of the
charter provides that an office shall
be deemed vacant on the death or res
ignation Of the incumbent: Section 1877
Of the charter provides that the police
commissioners shall be residents and
taxpayers and voters Of the city OIL
Astoria, and provides that they shall
take their Office on the first Monday
in January after theft election, AS Mr..
Barker has moved with his family to
British Columbia. ne Is no longer al
resident and voter, and Mr. Cook has
disposed OF all his interests here and
moved with his family to Portland, he
is neither resident. taxpayer or voter
lin the city, consequently a vacancy ex-
lists by operation of law, or In other
words, the present incumbents can not
comply with the provisions OF theI
charter relative to residence. and,
therefore, their office Is vacant.
Mr.. Gordon was appointed TO I'LL the
vacancy caused by the resignation OF
John Kopp. Section 2S OF the charter
provides that a vacancy in an office
must be filled by nomination by the
mayor and confirmation by the coun-
Gil and to continue in office until the
next general election. and II the term OF
such Office does not then expire, the
remainder thereof shall be filled by
the election OF such officer for such
unexpired term. Constituting both pro-
visions of the charter together which
Is the rule of law, there Is no doubt
but the offices Of all three police COM
missioners are vacant.
Rule AZ for the government OF the
police provides that "all charges
against any member Of the force shall
be in writing, signed by some respon-
sible person under oath, and shall bel
filed with the board of police commits
sioners who shall at the first meeting
proceed to investigate the same" III
also provides that one Of the members
Of the board shall be elected chairman
Of the board. Under the existing con-
ditions, 1t is impossible to have an in
vestigation Of any charges against the
chief or any police officer, for the rea-
son that only one Of the commission