The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-11-28
PARK SECRETARY
CLAIMS A LIFE
CINCH ON PLACE
Capt. Busch Relies on State Law
Prohibiting Discharge of
War Veterans
INCOMPETENCE ONLY
CAUSE FOR REMOVAL
Mayor Is Sole Judge on This
Score, But Public Sentiment
Figures a Heap

Capt. III. w. Busch, secretary of the
park department. is preparing to fight
10 retain his position if NJ. +. Hurlbut,
the present commissioner. is supplant'
' ed and the department reorganized b.
| Mayor.elect Marx. The secretary =
office has been classed as one OF the
/ 81, 500 phms TO be handed out by the
next mayor A reorganization OF the
department Is considered inevitable
but Busch claims he has practically
/ life.tenure on the job by reason OF the
/ fact that he is veteran OF the Span
'ish-American war.
There Is state law providing that
veterans OF the Civil and Spanish
american wars be given the preference
+ in public Office and that those In once
must be retained unless proven unnt.
The law provides that such officials
must be given a trial before the mayor
or council before removal. The mayor
would have arbitrary powers In the
matter, but Busch says that public
sentiment would count a great deal.
In January. 1909, Commissioners
Hurlbut attempted TO remove +. +
Meyer. engineer OF the Belle Isle pow
er plant, who is veteran of the Civil
war. Meyer instituted suit Hurlbut
received an opinion from the corpora
| tion counsel's Office that his action
was illegal and Meyer was reinstated.
In June. 1911, Hurlbut fired
Charles Holden. fireman In the Belle
Isle aquarium. He received an opin-
ion from p. ]. NJ. Hally, then corpora
ton counsel, that he could not take
|arbitary action because Holden was
veteran of the SpanishAmerican
war. Holden was imm ediately reip-
STATED.
Three opinions have been given by
.the corporation counsel's Office to the
effect that veterans cannot be remoy-
ed except for cause. The latest opin.
ton, given in the case OF Holden says:
Act No 329 OF the Public Acts OF
Michigan. 1907. provides that honor
ably discharged union soldiers, sail
ors and marines OF the late rebellion
and the soldiers, sailors and marines
| of the late Spanish American war shdil
be preferred for appointment ana EN-
|ploynent lin every public department,
and all public works of the state o:
Michigan Section OF said act pro-
|Vides: NO veteran or other soldier.
sailor or marine as indicated in the
preceding section tSection ID holding
IN Once OF employment III any pun
department or public works OF the state
Bshall be removed or suspended without
Dis consent, be transferred from such
office or employment except after
tull hearing before the governor OF the
state the mayor OF such city, or before
the common council OF such town or
Village. and at such hearing the vet
eran shall have the right 20 be present
hnd To- be represented by counsel Sucn
removal suspension or transfer shall
be made only upon written order OF
the governor mayor or the common
council"
Similar laws 10 this have been fav-
brably construed in favor OF veteran
soldiers. sailors and marines in oth&
states.
Busch did not take an active part
|n the last campaign
Il content" he says, that the next
commission Pr cannot remove me I'M.
ess he proves me incompetent The
rial might be brought before the
mayor and he has arbitrary powers in
he matter, but ii would have TO be
proven tina | was incompetent or the
bubble would not stand for my re-
noval IN opposition 10 the law.
Busch has many friends among the
Veterans Of the Spanish-American war
bnd an attempt To Dust him would re-
kult in a lively set.to.