The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1910-10-05
tober II, at s p. M, as the time to
hear the charges.
'MAYOR is TO BLAME"

poration counsel. He said there was
no chief of police. There is a chief.
and that's the mayor. If it becomes
| necessary, / am ready to try him.
The mayor is the man behind the
gun and the one who should be
made to dance for whatever there is
rotten in the police department.
The city attorney says the chief is
a nonentity and doesn't exixst; the
| mayor must then be the man. I'm
| der the charter we ought to have a
| chief, and if we have none the
| mayor is the man to blame.
Mr.. Schiller-When the charges
were first filed I stood willing to
! try them in a fair and impartial
manner. Since then the corporation
counsel has ruled that we have no
! jurisdiction, and for that reason |
am now against going into the hear
ing over his advice. If we remove
Sullivan and he appeals to the SUI
perior court, who will represent the
city council? The corporation coun-
sci has disqualified himself and
would in reality appear as an at
torney for Sullivan. | agree with
Mr.. Mohr that the present situation
is creation of the mayor and that
he is the man primarily to blame.
Mr. Gray will not shirk my
duty in this matter. There is diff
ference of opinion here between
lawyers, one holding that Sullivan
is police captain and the other
thot he ;c q ctiy,u ob;of fb;pl ~ &c
the duty of the city council and not
that of subordinates to try the chief
of police. The matter should come
to the council the same as to a
court.
Mr.. Schiller-You recognize that
! Sullivan has right of appeal. Who
would defend the council in such
an emergency?
Mr.. Gray-We could get special
| counsel to act for us.
Mr.. Lambert-Mr. Morrill,, does
not the fact that Sullivan draws the
salary of chief of police constitute
an admission that he is filling the
position of chief?
Mr.. Morrill-No, it is simply a
case of captain filling the chiefs
position. We haven't got any chief
of police.
Mr.. Lambert-The city council
can remove the chief of police with
out charges, can't it?
Mr.. Morrill-It can.
COUNCIL HAS THE POWER.
F. c. Robertson-We take this
position, that certain heads of de-
partments were created by the city
charter, not to be removed by sub
ordinates in office, but by the city
counsel. This power of removal is
lodged in the city council as the
representatives of the people. They
do not have to certify to any court,
and they are responsible only to the
people. From the decision of the
city council in matter of this kind
! there is no appeal. When it comes
to the removal of Sullivan as cap
tain of police that is another ques-
ton. We have the records showing
ing chief of police, his sworn state
ment in court that he was filling
that position, and the fact that he is
drawing the salary of the chief and
performing the duties of the office.
Sullivan should not be tried by sub
ordinates of Mayor Pratt. This is
grave and important matter and
should not be delegated to someone
else. We contend that, II given an
opportunity, We will show that cor
ruption has crept into the police de
partment, that conditions have
arisen that demand a remedy. Alb
solute power vests in yOuy to hear
this case as the representatives OF
the people.
Mr.. Schiller-Is there no appeal
in case of this kind?
Mr.. RobertsOn-Absolutely none
Mr.. Morrill-There is no appeal
Mr.. Dalke-Has this matter been
laid before the mayor?
MAYOR REFUSED TO ACT.
Mr.. Robertson-Of course. it has
but he has refused to act The
mayor holds aloof from the city
council, does not advise with 1t as
contemplated by the charter, and
seeks to run of the affairs Of the
city in a manner that pleases him
best. 1t is ridiculous to say that a
chief of police can be removed but
that an acting chief can not. Under
this Interpretation of the charter,
John T. Sullivan, police captain, is
amenable only to John T. Sullivan,
acting chief of police. The city
attorney says that Sullivan is not
| even acting as chief
Mr.. Morrill-What l said was
this: That Sullivan is a police cap
tain, filling the position of acting
chief in the absence of a chief, by
virtue of his rank in the depart
ment Whatever may be the action
of the city council in the trial of the
charges, there can be no appeal.
Mr.. Schiller-Under this light. I
feel free to go ahead and hear the
charges. l believe that | can give
the charges a fair and impartial
hearing. There is nothing to this
thing of police captain filling the
position of the chief because of a
vacancy.
The motion to hear the case on
October IL was then adopted with
out opposition.