The Pensacola journal., 1907-06-13

After hearing IN exhaustive mes
sage from the mayor anent the re-
mOval Of Deputy Marshal L. J. An
dersOn, and short resolution adop-
ted late yesterday afternoon by the
Board of Public Safety, the City COun-
Gil in regular session last night up
held the position taken by the board
and in a resolution introduced by Al
derman Williams, and carried by Il
vote of to I, approved the boards
waiving of its rules and elecjiHG Nlr
Anderson deputy marshal. The vote
was:
Ayes-Aldermen Andrews. Brown
Calm, Dunham, McHugh, Meyer. vii
liamS and Yonge.
Nay-Alderman RochebIave.
The Procedure.
The mayors message Setti"@ fOTTl
his reason for the removal OF Deputy
Marshal Anderson. was read early IN
the meeting, and lay over subject to
call
Under the heading Of reports, tha;
of the Board of Public Safety. on the
removal by the mayor Of Deputy Mar.
shal Anderson again brought the sub
ject 20 the attention of the council,
and Chairman Oliver of the board
presented a resolution which had beer
adopted by the board late in the af-
fernOon requesting me council to give
that board authority to waive the
rules.
The Boards Case.
The resolution stated that + J. An
derSOn had been elected aS deputy
marshal upon the recommendation of
the marshal that he came u To every
requirement with the exception of
weight. and that believing it
to be to the best interests OF
the city that Mr. Anderson be named
to fill the position, the rules had been
waived in this particular case. mas
much as the deputy is the confidential
man CT the marshal and the latter is
under bond and responsible for the
depUty's acts. In conclusion, the res
OlutiOn asked the council to grant il
permission, should that be necessary,
to waive the rules in this INSTANCE
Opened Discussion.
When this resolution had been read,
there were a number Of aldermen
on their feet Alderman Cain being
recognized, stated that as a general
thing he is opposed 10 waving rules,
but for the reasons stated by the
board he was in favor of granting the
board the authority, and moved that
such be granted
Alderman Andrew VS. stated that the
position taken by he mayor was .
good one. and under ordinary c0ndi
tiOns ne would be against a waiver OF
the rules, but in this instance he
would vote in favor of a waiver.
During the discussion, Alderman
Williams prepared resolution. which
he read. granting TO the Board of
Safety the right to waive its rules in
this specific case, and re-appOlnt Mr..
Anderson deputy marshal
The roll was then called and on an
nOuncement Of the result, the mayors
message on the subject was laid ON
the table
The Mayors Attitude.
Il hereby respectfully report 10
you that / have this day removed
from office Nh Louis j. Anderson.
who was appointed deputy marshal by
the board OF public safety on Monday
night in violation of the rules and
regulations adopted January %, 1902,
and ratified by the council January "a,
1902
Section 26 of the city charter pro-
vides that it shall be the duty of the
mayor to be vigilant and active in
the ordinances of the city and
the laws of the state 10 be executed
and enforced 1t goes without saying
that this provision not only makes II
the duty Of the mayor TO see that the
laws Of the city and state are execu-
ted and enforced, but it is also his
duty to see that all rules and regula'
tiOns esta blished by the council and
by the boards and by the heads Of the
various departments are observed.
Law and Custom
During the past two years, while
was connected with the Board OF
Pubic Safety. il was held by the
board that the rules and regulations
governing the police department could
not be waived or amended, except by
the sanction of the council. l have
consulted with the city attorney, and
he shares the same opinion with me.
that the board OF safety does not
have the power 70 suspend the rules