Los Angeles herald., 1909-03-13

N HIS is part of the program
framed up" by the politicians
- yesterday, when the resignation
of Mayor &C. Harper was accepted
by the city council. This program will
be carried out If the politicians can
have their way and get the consent of
majority of the council. But mean
while all this may be changed. The
politicians were so dazed yesterday
when they learned of the tremendous
turn affairs had taken that they could
not act in full harmony.
That the police, fire and park COM
missions will tender their designations
to the mayor to be selected by the
council Monday is salmost foregone
conclusion. But whether the rest OF
his colleagues take the action or not,
Judge H. c. Dillon said yesterday he
would hand in his resignation as a
member of the police board when the
board convenes next Monday after
noon. By that time it is probable a
new mayor will have been selected by
the council and there will be some one
to whom the commissioners can hand
their designations. Until then they
could not formally resign If they want
ed to. The mayor appoints and 1t is
necessary designations be given to him.
3 City ls Without Mayor
since 1u.0u yeSl5fudy HOrtitIS LUIS
Angeles has had no mayor. At that
time the council accepted the resig-
nation of Mayor A. c. Harper. and
from that moment the municipal gov
ernment was without a head--even a
figurehead. Today and tomorrow Los
Angeles will have no mayor, and, as
Barney Healy so touchingly says,
What is Sunday without a mayor?"
That Los Angeles has no mayor to- |
day is due to a slip in the program
the politicians had made 1t was |
planned for the council to appoint |
George A. Smith to the position, as the |
charter requires the council to fill all
vacancies in elective offices except that
of councilman, but Councilman Henry
Lyon is in Sacramento, and only four
of the push" members of the council I
were present to do the trick. PreSi-
dent Pease and Councilmen Wallace,
Wren and Dromgold insisted on delay
ing the matter until Monday morning
to give the city attorney a little more
time to look up the law in the case.
It was Councilman Wallace who
blocked the move to appoint George A. I
Smith on the spot.
Healy Nominates Smith
AS soon as the council had accepted
the mayors resignation yesterday,
which was done by unanimous vote,
Barney Healy jumped to the floor and
moved the council appoint Smith Ito
fill the unexpired term" Blanchard
quickly seconded this motion, but be-
fore the president ordered the roll call
Councilman Wallace took the floor and
asked Assistant City Attorney Wilson
the hard question of What consti-
tutes the unexpired term?"
Is the unexpired term in the pres
ent instance until January l., 1910,
when the term would expire under or
a4.,A nk~.. fc Nor n
&C. when it would expire If Harper was
defeated at the recall election?
Says Election Should Proceed
Mr.. Wilson gave 1t as his opinion
that the recall election should go on,
that the withdrawal of the mayor
from the race did not in any way iE-
validate the election and further de-
clared that 1t would make no particu-
lar difference what wording the coun-
Gil used.
But here Edwin A. Meserve. per-
sonal attorney for George A. Smith,
demanded that If the appointment was
made it be made in the language of
the charter that calls for the ap-
pointee to "fill the unexpired term"
Judge John d. Works followed Mr..
Meserve and cautioned the council
against doing anything that would in
volve the city in legal difficulties. He
might be made on the technicaiity and
that it might be necessary to fight out
in the courts what constitutes an un-
expired term. He said the council
should not leave any loophole whereby
the affairs of the city might be tied
up in litigation. He made a strong
plea for the interests of the people,
and when he announced he did not ap-
pear as the personal attorney for any
one he was cheered to the echo.
Crowd for Alexander
The sympathies of the immense
crowd that filled the council chamber
were with Alexander and the recall,
as could be told by the demonstration
given Judge Works. 1t was also evil
dent by contrast with the feeble ap-
plause given Meserve when, in reply
to Judge Works, he said he did not
intend to jeopardize the interests of
the city and his client, George A.
Smith, was also above any such trick
cry.
President Pease was the first to coun-
sci delay in the appointment He point
ed out the grave legal questions in the
matter and said they should be settled
before any definite action was taken.
Councilman Wallace followed Mr..
Pease's warning with a like demand
(Coatinued on PaEe Ffyel