Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1914-07-16
GOES To SUPREME COURT
DepOsed Water Commissioners
Obtain Writ of CertiOrari.
Court VIII Pass on Legality of Oust-
ing ProcccdinGs--I<idde Puts
HcinIngcr out of Office and Is
Himself Elected.

The burlington water department is
still furnishing water to its patrons for
drinking, laundry and bathing purposes
despite the fact that strong difference
Of opinion exists as to who is in legal
charge of the department. Tho most
formidable thing that happened Tues
day was the appearance of a large legal
document with a very impressive name.
1t was n writ of cortiorarl, signed by
Justice John ~. Watson of the supreme
court which orders that Mayor James T..
Burke and the members Of the city
council shall submit to the supreme court
a record of the entire proceedings by
which Messrs. Rutter, Jones and Simays
were removed from office for the tur-
pose of inquiry into the regularity of the
proceedings and to the end that the com
missloners may have such relief as their
case may require
Another incident of Tuesday was the
appearance Of j. Frank Kidder at the
water office shortly after ten o'clock in
the morning. He took hold OF Oscar
Heinnger, who has been restored to the
office of assistant superintendent, and re-
moved him to the street Mr. Hcningcr
at once sought the mayor and the latter
summoned Policemen Barry and Collins
| and they led Mr.. Kidder out Of the
office of assistant superintendent, and re-
still superintendent of the water works
and he told a Free Press reporter that
| the reason he elected Mr. Heininger
| again was he did not want him in the
office and had discharged him once Mr..
Kidder added that he had gone about his
duties as usual Tuesday, visiting the
| high service on the hill and the pumping
| station where he gave the usual orders.
| His counsel he says have advised him
to show up every day and he intends to
| do SO.
THE WRIT OF CERTIORARI.
The writ of certiorari is very long
| document consisting of II typewriter
pages. copy has been, or will be,
| served on the mayor and each Of the
| twelve members of the board who coll
| loctively constitute the council. The petit
| ton for the writ was presented Monday
| to Justice John II. Watson of the
supreme court at Montpelier by Sherman
| r. Moulton, attorney for Albert II.
| Rutter, Jules SimaYs and G. H. zones,
the deposcd water commissioners. The
| fact that the writ has been granted does
not affect the status of the men who are
now in charge of the water department.
| They cannot be restrained from exercis-
ing the duties of their offices except by
| injunction. Whether one will be issued
pending the disposition Of the certiorari
proceedings. has not been determined.
| The petition for the writ alleges that
Messrs. Rutter, Simays and Jones were
properly elected water commissioners of
the city Of Burlington and also sets up
the fact that James r. Burke is occupy
ing the office of mayor to which he was
| legally elected and that the twelve alder
men now occupying office were also duly
| elected officials and that the mayor and
| aldermen acting as the city council have
| the power to elect a board of water COM
| missioncrs and the power to remove them
| for cause as provided by the charter
that is to say, cause of negligence. bad
conduct or incapacity in office as may
appear sufficient to the city council
The petition then reviews the proceed
| ngs of the city council at the several
meetings on the subject by which they
removed the water commissioners from
Office on the mayors charges all of which
| is familiar to the readers of the Free
Press
The petitioners then go on to say that
they allege on Information and belief
that Mayor Burke conspired with Alder
men Boucher and Crane to remove the
! commissioners and that tho mayor had
DISQUALIFIED himself from acting as a
member of the council in the trial of the
| charges in that he personally prepared
the charges and intended and proposed to
present the same and urge the council tn
sustain them and that the mayor had re"
Ipcatedly said that the commissioners wer ,
guilty and the charges were sufficient
cause for their removal from office. and
he persuaded and induced various mem
bers of the board to sustain the charges
in any event. The commissioners further
allege that they appeared before the coun-
Gil on July and that they objected to the
mayor and Aldermen Crane and Boucher
sitting as members Of the council at the
trial of the charges. They allege that
they also objected to the charges as
being indefinite. They also requested a
delay for the purpose of preparing a de-
Tense, having been appraised of the
charges only the day before. To all IF
these objections the mayor answered by
overriding them without first putting tho
question, as 1t came up to a vote of the
council. The petitioners then allege that
the mayor produced what he said was
evidence in the support of his charges all
of which was objected 10 by the commits
sioners as being hearsay and by witnesses
who were not sworn. They allcge that
the mayor with, ut putting the questio l
of the admission of evidence to n vote II
the council overruled the objections In a
rude and overbearing manner and when
the counsel for the commissioners arose
to make objection the mayor pounded the
table with his gavel and told the council
that tho attorney making the objections
was out of order The petitioners allege
further that III the statements made by
the mayor were not made under oath nor
simply alleged extracts from papers which
the commissioners had not seen and
which they had not had opportunity to
see and they We're kept In possession IF
the mayor throughout the entire proceed
ing.
The petitioners state that at the
close of the TRADE of the mayor he
called upon them to state their de-
Tense and that they took the position
that no competent evidence had been
produced against them, and they re-
newed their objections and stated fur
Their that they would offer no evil
dence OF their case until legal evil
dence had been produced against
Them. They also asked that the charge
be dismissed. This was overruled
and on the motion of Alderman Crane