Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1914-07-09
Commissioners FIRED AGAIN |
City Council Removes Messrs
Rutter, Simays and Jones.
Mayor Promptly OverruIcs All Objec-
lions of Attorney MouIton-Suc-
cessors Are Messrs- Angus,
Leonard and Grady.

The city council met again last even
ing and again deposed Water Commits
sloners a. H. Ruttor, Jules Simays and
~. ID. Jones from office. This meeting
was Tor the purpose of giving the com
| nissioners chance to be heard. At the
meeting last week at which they were
removed from office they were not cited
10 appear, which caused some comment,
ana the mayor. In order to lay all doubts
at rest called second meeting at which
the action was rescinded. the charges
READ anew and the commissioners cited
to appear last night to make answer, II
they wished to defend themselves
/ Inc commissioners were on hand last
evening and they we're also represented
| by counsel, Sherman r. Moulton. The
mayor at the outset read the charges
which are twelve in number, and which
| have already been published Attor-
| ney Moulton for the commissioners
then stated to the council that he OBJ
jected to the mayor and Aldermen Crane
and Boucher from sitting on the board
at the hearing on the charges as they
had conspired together to remove the
commissioners and they were now sitting
as prosecuting officers.
Alderman Crane remarked that the
council was not sitting as n judicial body
but as body exercising administrative
functions.
Mayor Burke ruled that he would allow
no pettifogglng or dilatory tactics and
that Mr. Moulton was out Of order.
Mr., Moulton then objected to all the
charges as being too indefinite as they
did not specify wherein the commits
sioners had been guilty Of bad conduct,
etc.
The mayor also ruled that this was
out of order. He added that the council
was not sitting as judicial body. 1t
was merely an informal hearing before
the members of the council, who were
the servants Of the people He quoted
Dillon on municipal law for authority also
Judge Fish, who had given an opinion
that the charter was the law that gov
erned the city.
MIR. Moulton also objected to the in
sufficiency of notice. He said the COM
mssioners had only two days in which to
prepare their cases and he asked the
council to adjourn until such time as
his clients could get ready.
The mayor then ruled this out of
order He then proceeded to give his
evidence on all the charges. This
has all been published before and the
public is well aware of what it is.
It all appeared in the hearing of SUI
perntendent Kidder before the COM
mittee. Attorney Moulton objected to
all the evidence.
When the mayor had concluded his
case Mr. Moulton said that all he
wished to say was that his clients
took the position that no legal evil
dence Of any charges had appeared
that could be substantlated and they
did not believe that what had been
submitted against them had any bear |
ing on whether they were guilty Of |
bad conduct in office. He asked that
the charges be dismissed and the coun-
ell await legal evidence on the sub |
ject. No evidence was submitted in |
defense.
The mayor overruled the request, |
declaring that the council was the
sole judge. A motion was made that
the charges be substantiated The |
same was carried, the mayor, and AL |
Dwyer. Keislch and Crane voting ave
and Aldermen Hall. Lamson, Rey-
nolds Drew and Buell. and walker
voting nay.
Mayor Burke then made a motion
that the vote taken July by which
Messrs. Angus, Leonard and Grady |
were appointed be rescinded This |
went to a vote and the action was or
dered rescinded by the to 6 vote.
Aldermen Hall, Lamson. Reynolds,
Drew, Buell. and Walker opposing.
On motion of the mayor that the
offices of the three water commits
sioners be declared vacant a vote was
taken and the commissioners were
deposed by a ballot of to G. the line
up being the same as on the other
ballots concerning the same matter.
The council then went into exscu-
tive session and elected Fred $. An
gus. David j. Lenoard and p. L. Grady
to the office Of water commission, the
vote being the same as il was when
the first election was held few
nights since The council then ad-
journed
The commissioners were asked by
Free Press reporter after the meet
ing If they had any statement to
make, They said they had none but
to occupy their offices as
long as they thought they were le-
gally holding them. Attorney Moul-
ton was asked about what would hap
pen next He made no communication
but simply said: Wait" The situa-
ton is now precisely where it was
last Saturday. That something is
bound to occur goes without saving
out Just what form II will take will
not be known until the time comes.
NEARLY COn ENDnI ND