New Britain herald., 1914-07-15
ATT02'. E QUESTIONS RUTHfRf0RD'S RIGHT
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was IHe DOud Hue building inspector was called to the stand Prosecutor George w. Klett said:
 MT. Rutherford, you are the build ing inspector?"
 II object to taking his word for it, said Attorney McDonough. He ther asked that he produce his certificat t of appointment.
 After going over to city hall MT Rutherford returned with City Clerk A. l.. Thompson who produced q paper purporting to be Mir. Ruther. ford's appointment as building in- spector. In part the paper which was dated April 25, 1914, told of Rutherford's appointment "in accord ance with the city charter"
 Attorney McDonough at once raised a strenuous objection, claiming that inasmuch as Mayor Quigley had ap- pointed MT. Rutherford on April 25 when the city charter explicitly states that the mayor shall appoint the building inspector in May, MT. Ruth erford was not appointed "in accord ance with the city charter
 We're not bound by every Tom, Dick and Harry" smiled Lawyer Mcdonald, "and as far as the legal aspect of this case goes l do not know if MT. Rutherford Is the build ing inspector
 Continuing he said, Every layman cannot go into persons house to inspect it and this paper does not appoint him as the inspector accord ing to the law Rutherford's Testimony Immaterial.
 In reply Prosecutor Klett said that it was really immaterial to his case whether MT. Rutherford testified or not. He said that Mrs. Wisk was ac cused of violating the law on tene- ment houses and not providing es- capes or stairways and to prove this it was not absolutely necessary to bring MT. Rutherford into the case.
 Defends Appointment.
 "As to the appointment" Prosecu- tor Klett said, Tit is immaterial if he was appointed before May for he Is the acting building inspector de facto and holds it until his right is ques- toned, not in case such as this, bu: by someone who wants to oust him. 1 claim that his appointment is valid.''
 Replying to this statement, Attor- ney McDonough said, II will not ar gue with Brother Klett as to whether or not it is immaterial for him to testify but I do argue that we have a right to know who he is and if paper is introduced purporting to be legal it must be what it purports to be-" He furthermore said that if the appointment could be made in this manner then we are not living under a government of law but under gov ernment of man.
 Case Is Continued.
 Here Judge Mangan interrupted and declared that as the case pro- gressed it might become very ma terial to have MT. Rutherford testify and he said that he was frank to ad- init that there was much to be said on both sides and he was not ready to give a decision at that time. He then adjourned the case until tomor- row morning.
 Mayor Is Optimistic.
 II think MT. Rutherford is build ing inspector,' said Mayor Quigley today. II appointed him in April to take office in May and in my opinion there is no question of his legally holding the office"
 Some lawyers were inclined to be- lieve that Attorney McDonough could not legally attack Inspector Ruther- ford's title in the police court. One stated that the proper course to take, if his title was to be attacked. would be to bring quo warranto proceedings before superior court.
 Bergstrom Appointed in April.
 In appointing MT. Bergstrom build ing inspector in 1918 ex-Mayor Jo- seph M Halloran made the same mis- take as Mayor Quigley made this year. as he made the appointment on April 25, the same date of the month on which MT. Rutherford was ap- pointed. This is shown by the rec ords in possession of City Clerk A. L. Thompson. In 1912 ex-Mayor Hal loran appointed Mir. Bergstrom in May
 How City Hall Takes It.
 The question of Inspector Ruther- ford's standing was the subject of considerable discussion in City hall today. If MT. Rutherford Is not legally entitled to the office, it Is fig ured out, former Inspector August Bergstrom IS legally entitled to 1t, as the charter says the building in- spector shall hold office until his suc- cessor is appointed and qualities. It vii, not be necessary for MT. Ruther- ford to resign if Attorney McDon- oueh's claim is upheld, as he has no office to resign from. as he never held office legally. according to the belief of the lawyer. MT. Rutherford has drawn salary since taking office on May 1 and many wonder whether no y,;1, ba foroad tC t11rn this over to MT. Bergstrom if it Is found that he is not the building inspector.
 Klett Cites Precedent.
 This afternoon Prosecutor klett cited several precedents of similar nature to the case in question. One of them was Judge Mangan's own ap-