The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1910-04-22
MAYOR COTNER HAS
MATCHED A SCRAP

tDNIIN T ED FROM PAGE TWO
Following the reading of the may
1-s charges. Mr Pennington asked
permission 20 say a word he stated
That whatever amount had been paid
the engineer under his adminis.ra.
ton was paid him by the courcla
and not merely by his consent alone
az vas .numated in the cha-gee o.
the mayor. and be wanted the people
20 know IL. ,The remarks OF NJ.
Pennington vas greeted With
cleersJ
Mr.. Walker then stated that these
charges ara serious. and criminal
aud he thought his Client should
be allowed time to make reply 20
them. Mayor C0tner said the enEi-
neer could make reply now. That
IL the board did no, have a right
20 run the aHairs Of the city IL
should know IT, The mayor asked
the engineer II he desired TO d.
heard Mr. Sayre replied that he
vas represented by counsel
Attorney Walker then read the
following section from the charter
Section s. The mayor, by and
oitu the advice and consent OF the
board o., commissioners. at the f.rs,
meeting after their election. and
qualification. Or as soon thereafter
as practicable. shai, appoint the fol-
lowing officers, to-wit. \ city treas
urer. o city clerk. chief OF the
fire D parment, city engineer.
Judge OF municipal court. a city at
torney. and city assessor. Who
shall. hold Office for the term OF two
years and until their Successors
are appointed and qualified unless
sooner removed as provided In this
charter
The attorney then read from N,
statutes TO show how remova
charges should be made in district
court and said that vas the only
tribunal that could oust from office
He said the mayor was not mem
her OF the board OF commissioners,
that the commissioners must vote
on the charges. section at time.
and II the charges We're sustained
that proceedings would have TO BE-
brought in the district court Another
section from the charter was read
which Is as follows:
Section >. The board OF comm.s
siouers shall have the power TO
give a hearing 70 any elective offi-
Ger charged with incompetency. cor
ruption. misconduct or maifeasauce
iu office or such other causes a.
may be prescribed by ordinance af-
ter notice in writing and an oppor-
tunity TO De heard in his defense un.
der the rules and regulations here
matter set forth: that whenever
charges are preferred I'm writing un-
der oath, or when information other
wise comes TO the knowledge OF any
os the board Of commissioners
against any such officer. for any or
an OF the offenses named or pro.
yided for above. IL shall be hIs or
their duty 10 have the accused duy
served with a copy OF such charges.
and shall set q day to inquire into
the truth OF such charges, and shall
notify the accused and other mem
hers Of said board, and the witness
for and against the accused 10 be
present, the accused shall have the
right to be heard in person and by
counsel, and the prosecutor shall like
wise be represented by counsel II
desired. Upon the conclusion OF the
investigation and argument OF the
case a vote shall be taken on each
charge and specification and II a
majority OF all the members OF said
board vote 20 sustain either or any
Of the charges against the accused,
said board shall cause TO be instl.
tuted in the proper state court pro
Ceedings 20 yacate the Office OF
such accused officer. Provided, that
any finding OF acquittal shall not
DE conclusive nor preclude the ap
pication OF the remedy herein pro-
vided for, or the right OF recall pro-
ylded for in this charter
Attorney Walker said the charter
mentioned proceedings whore ar
elective officer was charged with
incompetency, but he believed the
board OF frceho'ders intended that
for appoiutiyr officers, that the char