The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-07-24
Paine Law Must Be Made
Plain.
SELECTS SAFETY DIRECTOR
p. z. Burke Will Be Retain
ed in the Place.
n Mayor Must Appoint Chiefs for the
Police and Fire Departments, the
Present Heads VIII BE Retained
Legal Men Differ.

If Mayor Scherff becomes con-
yinced that the Paine law. as con-
strued by Attorney General Denman,
makes 1t mandatory for him to APP
point chiefs of the police and fire de-
partments as well as a director OF
public safety on August l., then he
will reappoint Levi Cornwell, chief
of police and Thomas Mcfarland,
chief of the fire department. p. u.
Burke, the younger member of the
board of public safety, will be APP
pointed director of public safety.
The mayor is in doubt as to the
course he must pursue and until he
is more fully acquainted with the
proper course he will do nothing. He
stated this morning that he has been
trying to gain some light on the sub
ject, but that ne has been unable to.
Opinions, very much at variance
with each other, have been given him
| and the chief executive of the city
confesses that he is up a stump.
The law provides that the prcsi-
dents of the board of education,
| the tax commission and the council
shall meet and appoint a civil service
| commission to which any appolntive
officer shall have the right to APP
peal when removed from his posi-
| ton by the mayor. These appoint
ments, however, are not made until
| January 1, and under the system the
| appointive officers would have no one
| to appeal to in the event that they
were appointed and then removed
| from office before that time.
The best legal opinion varies in the
Interpretation of the law. Some think
| that the supreme court will declare
| II void when test case is made. 1t
| Is certain that should the mayor en-
| deavor to remove either the chief of
tho fire department or the police de-
| partment, those officers would take
their cases to the courts and doubt
| less be sustained and the mayor en-
| Joined from removing them. The
mayor said that he will in no way
| In the event that p. Il. Burke is
made director of public safety and
| ID. ii. Lincoln, the other member Of
the present board. retires, Mr.. Lin
| coin will be within the law If he
draws his salary for the entire term
| for which he was appointed. The
| safety board members draw 500 per
year. This money has been appro-
| priatcd for the remainder OF tho
year. Council has already fixed the
salary of the director of public safety
for next year at $3.50. The slight in
crease in Mr.. Burke's pay would
| probably not be allowed until that
time even If he should serve alone
from August 1 until January l as the
money has not been appropriated anC
the city auditor would probably re.
fuse to draw warrant for the in
| crease.
The mayor is of the opinion thai
| his successor. who will take Office on
January /, must appoint a director
Of public service to do tho work OF
the present service board. Som,
hold that this ohlcinl must be ap'
pointed on August 1. The counci
provided for the director of public
service by appropriatins 5000 for hi'
salary for the year. commencing Jan
1 next. IT was also provided tina
the director must also act as stree
commissioners. This was done to Gu
down the expenses as the iinancia
condition of the city will be more un
satisfactory next year than this.