The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1911-06-29
COUNCIL HAD NO AUTHORITY
TO Reject APPOINTMENT.
City Charter Gives Sole Power to
Board Of controI-statement
by Or. Haskins.

In spite OF the fact that the ap-
pointment OF DR.. r. J. Hersey as city
health officer was disapproved by the
Second branch of council. the newly
appointed official will assume the du-
ties of his position on Monday morn
ing. The power of appointing heads
OF departments rests solely with the
board OF control and no authority to
confirm or repudiate is granted TO
council by the city charter or city
health ordinance.
Hasklns Talks.
When questioned about the attitude
of the board OF control. last night by
an lntelligencer reporter, DR.. Haskins
said:
Il have no quarrel with council
about its attitude in attempting 10
repudiate one of our appointments.
II is evident, however, that our coun-
cilmanic friends are not conversant
with the provisions OF the city char
ter-the constitution of the city-or
they would have known that they had
no more TO do with appointment or
the heads of the departments than
the Y. w. c. A.
Nor did we send the names TO
council for ratification. but simply as
an official courtesy and to advise the
council as to what We had done. The
list should have hsen read and fled
among the official records. However,
under the misapprehension OF it's pre-
rogative of approval or disapproval.
action was taken. such as could be
done when our board recommends a
matter for approval or disapproval
The board has absolute and ex-
elusive authority in the matter OF the
election of heads of departments As
to the matter of salaries. though, the
council has the voice. So far as the
health Office is concerned. 1t Isl
largely medical proposition and the
medical profession has much weight
in determining the result. Each Of
the two applicants is a young physi-
clan well grounded in literary and
medical attainments and both are
members in good standing of the Ohio
County Medical society. One ap-
peared before the board with petit
ton signed by nine or ten members
Of this society, the other with forty
nine.
Among the few on the one hand
were able physicians and excellent
men TO be sure: among the many on
the other hand could be found large
number ia the front rank OF their pro
fession and above reproach as citi-
zens. Gould We be expected 10 give
more weight TO the nine than forty
nine? ! have already gone further
than ! expected and will close by say
ing that the members OF this board
are under oath and have given bond
for the proper performance OF their
duty and are perfectly comfortable in
what they have done in this matter.
Charter Provisions.
The section OF the charter relating
TO the employment OF the health Of
fcer IS as follows: The board Of
control shall have power 10 employ
upon a salary for the term OF two
years. a clerk Of the board. a judge
OF police court. a city engineer. a
wharf master. market master for
each market. a chief OF the fire de
partment. health officer who shall be-
largely a medical proposition and the
practicing physician. building in
spectOr and a superintendent for each
OF the other departments md institu-
tons under their management ana
control. except as hereinafter pro
yided"
There Is no provision anywhere m
the charter relating 10 the approval
OF these heads OF departments by
council There Is. however. a clause
concerning subordinate employees. as
follows. The chiefs and superinten-
dents OF the various worKs. depart
ments and institutions shall each en-
Iloy and discharge all subordinate
employees In his department. subject
10 the approval Of council
There IS also n provision requiring
that all bonds Of heads Of departments
be approved by council after having
been first submitted 10 the city
solicitor.