Los Angeles herald., 1905-07-28
BOARD MEMBERS
REBUFF MAYOR
DECLINE TO SUBMIT TO A
HEARING
ANSWER WITH ACCUSATIONS
State That Inquiry Is Idle Ceremony,
and Refuse to Participate, Me-
cessitating Adjournment Of
Hearing In Confusion

Mayor McAleer was informed last
night by members Of the library board
at meeting called for the purpose Of
Investigating Miss Mary l.. Jones re-
moval that they do not consider him
a competent court and therefore refuse
to present any evidence whatsoever OF
to become a part of the investigation.
When Mayor McAleer, sitting as chief
Justice, with Deputy City Attorney
Goudge as associate justice, called the
meeting to order the council chamber
was filled with handsomely gowned
women and their escorts. AS the gavel
fell there was a murmur of expectancy
among the women, but when Attorney
Lawler stated the position of the board
in blunt terms it fairly took the club
members breath away.
Questions Mayors Right
Lawler demanded by what right the
mayor had summoned the board to ap-
pear and told the city's chief executive
plainly that he had no power to sub
poena witnesses or compel their at
tendance, and furthermore made the
startling statement that the mayor was
the boards most important witness.
Mr.. Lawler then read the following
communication from the board to the
mayor, which reviews the, case:
July 27. 1905.
"Hon. Owen McAleer, mayor of the city
of Los Angeles:
"Sir-On or about March 80, 1905, Miss
Mary L. Jones, then librarian of this
city, informed the president of the
board of library directors of her in
tention to resign and stated that the
board could look for new librarian at
any day.
After conference between yourself
and members of this body it was deter
mined that efforts should be made TO
secure the services of some person quail
flied for the position, with the result
that the appointment was, with your
cooperation and concurrence, ten
dered to Charles F. Lummis, who,
after considering the offer for upward
of twelve days, informed us that he
would, in the event of a vacancy, ac-
cept the position.
Miss Jones was formally advised
that arrangements had been made to
make the change in the office of librar-
ian, but that in order to give her ample
opportunity to arrange her own af-
fairs, her successor would not enter
upon the performance of his duties un-
til September l, 1905. To enable her to
secure employment elsewhere, provis-
ion was made for her attendance at
the meeting of the American Library
association, to be held at Portland ex-
hibition before that date, without cost
to herself, and it was suggested that
she tender her resignation to take eff
feet on the date named, to which she
at the time assented
Agreed to Resign
''It was thereupon agreed that she
should formally present her resignation
at the meeting to be held on June IA,
1905, on which date she appeared before
us with request for postponement un-
til June 21 which was readily granted,
and on the latter date she positively
declined to hand in her resignation.
1.-The experience of this board had
satisfied it's members that it was es-
sential to the best interests of the IL
brary and its patrons that a successor
to Miss Jones should be appointed, but
with a desire, to act with the utmost
deliberation and circumspection in the
premises, we had previously detailed
the entire situation to you, including
the grounds upon which the determina-
tion for change was based, and
sought your advice, which you very
kindly and readily granted and assured
us of your full concurrence in our
judgment.
Upon receipt, therefore, of said de-
being thoroughly assured that it was
vested with full authority so to do, on
said last mentioned date adopted a res
olution in which some of the grounds
for it's action were recited, removing
her from the office of librarian. This
resolution was officially communicated
to Miss Jones and Charles F. Lummis
was formally appointed to fill the va
cancy created thereby.
May Remove SummarIIy
'It will thus be observed that not
withstanding the fact that this board
is authorized by the city charter to re-
move the librarian for good cause and
that the courts, in constituting similar
provision. have held that 1t not only
fails to require any hearing or proceed
ing but strongly implies that the re-
moval shall be summary and without
any antecedent proceeding, and notwith-
standing the further fact that our ne
sotiations with Mr, Lummis We're occa