The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-11-27
PARK SECRETARY
CLAIMS A LIFE
CTNCH 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 Heap

Capt. II. w Busch secretary OF the
park department, Is preparing 10 hght
10 retain his position IL VI. r. Hurlout.
the present commissioner, is shppiant'
ed and the department reorganized Dy
Mayur.etect MARY he secretary .
Office has been classed AZ one OF the
$1,000 plums 10 be handed out ~ tne
next mayor A reorganiLailoL OF Sne
department Is considered Inevitable.
but Busch claims he has practically
life-tenure on the job by reason OF the
fact that he is veteran or the span
ish.American war
There Is state tSw providing thar
veterans OF the Civil and Spanish
American wars be siyeI the psefercnce
in public ofice and tjat those n ONCE
must be retained unless proven unit
The law provides that such oneials
must be given trial before the mayor
or council before removal. The mayor
would nave arbitrary powers in the
matter, bot Busch says that public
sentiment would count a great deal
In January. 1903. Commissioners
Hurlbut attempted TO remove +. +
Meyer, engineer Of the Belle Isle pow.
er plant, who IL a veteran or the ClviI
war. Meyer instituted suit. Hurlout
received an opinion from the corpora.
ton counsers Office that his action
was illegal and Meyer was reinstated.
In June, 1911, Hurlbut fred
Charles Holden, a fireman In the Belle
Isle aquarium He received an opin-
Ion from p j. NJ. Hally, then corpora
tion counsel that he could not take
arbitrary action because Holden was
a veteran OF the Spanish-American
war. Holden was Immediately rein
stated.
Three opinions have been given by
the corporation counsels office TO the
effect that veterans cannot be remov-
ed except for cause The latest opin.
ion, given in the ease Of Holden says
Act No. 32a OF the Public Acts oi
Michigan. 1907, provides that honor
ably discharged union soldiers, SAT-
ors and marines OF the late rebellion
and the soldiers, sailors and marines
OF the late spanish war shall
he preferred for appointment and en-
bloyment. "in every public department
and all public works OF the state o;
vides No veteran or other soldier,
sailor or marine as indicated in the
preceding section (Section - holding
an office or employment In any public
department OF pubic wOFKS OF the StdAc
shall be removed or suspended without
HIS consent. be transferred from such
Office or employment except after u
fun hearing before the governor or 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 TO be present
and to be represented by counsel Sucn
removal, suspension or transfer shall
he made only upon written order OF
the governor, mayor or the common
council"
Similar laws to this have been fav-
orably construed in favor OF veteran
soldiers. sailors and marines in oth&
states.
Busch did not take an active part
In the last campaign.
Il content" he says. that the next
commissioner cannot remove me I'M
less he proves me incompetent. The
trial might be brought before the
mayor and he has arbitrary powers In
the matter, but 1t would have TO be
proven thai was incompetent or the
public would not stand for my re-
moval in opposition 10 the law
Busch has many friends among the
veterans OF the Spanish-American war
and an attempt to Gust him would re-
suit in lively set-to.