The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1914-04-29
Mayor Says While office Is
Declared Vacant He Will
Put Matter Up to City Coun-
Gil.
EXPECTED COUNCIL WILL
REFUSE TO SUSTAIN
Believed Also that Ordinance
Does not Apply Since All
City Attorney Time Is not
at City's Disposal.

JuNu e. LOWE ltaltIuh. AlA'iINNN "
Mayor y. II. Boatright. rhc mayor.
who declared the office Of city attor-
neg vacant because Mr., Lewis went
to santa Fe and got "a court order re-
%straining the mayor aud his chief OF
police a~ppointee, george u. Thomas
from attempting to Interfere with
Chief McMillin In the discharge OF
his duty. said today that lac would
put the matter up a. the city council
at its mex meeting.
Tho mayor based his action against
Mr.. Lewis on section $50 of the re-
viscd ordinances OF the city, which
reads as follows.
THE mayor may, iu his discretion.
grant temporary leave OF absence to
any officer. upon good cause shown.
and no officer shall leave the city for
any cause without such leave OF alb
sence from the mayor. under the pen.
atty OF forfeiture OF his office.
Mr.. Lewis went to santa Fe Mon
day night. after the riotous scene be-
fore the station house when Thomas
attempted TO take possession Of the
police department under a "commis-
sion" furnished MIN by Mayor Boat
right. He went in the capacity Of
Chief McMillin's personal counsel.
The trip To the capital was neces-
sary because District Judge Herbert
+ Reynolds was there. Returning
yesterday at noon with the restrain
Ing order. which the Judge granted
as soon as tbs conditions here were
laid beforc him, Mr.. Lewis had the
paper 1erved on the mayor and his
chic" 4 little later h. went home
for much-nceded rest, ne had passed
. sleepless night in MAKING his hur-
ried trip In the interest - law and
order. Late yesterday afternoon a
messenger brought this -communica-
tion TO Mr.. Lewis residence:
John G. Lewis. Esq, city.
Dear Sir. You are hereby notified
hat by your act ol leaving the city
OF Albuquerque, y NJ. and going to
the city of Santa Re. n. NJ, ON the
21th day OF April, a. -, 1914. without
leave OF absence from the mayor. as
required under Section 500. revised
ordinances of the city OF Albuquer-
que. y. NJ, you have forfeited the Of
nee OF city attorncy. Therefore l de-
clare the Office of city attorney va
cant. Csisncdl
-. n. BOATRIGHT, Mayor.
Attest:
THOs. HUGHES. city Clerk"
The mayor in his statement today
snid he would not lay any appoint
ment OF a successor to MIR. Lewis be-
fore the council a. the coming ses-
sion.
II viii export the matter O. coun-
eli" ne said. '%layiug the facts before
the members. Then council can act
IL can sustain me or not The matter
Is up to the council
There is not only a question as to
whether the section ON which the
mayor bases his action applies to Mr..
Lewis. whose service 10 the city does
not require his whole time. hut for
mcr Mayor Sellers has stated that he
gave Mr.. Lewis standing permission
10 leave the city at any time such a
trip would not conflict with the legal
business OF the gity u rs held that
the mayoral ofhg, being continuous.
"a blanket permission OF the sort
would require revocation by Mayor
sellers successor Defore losing its
force.
Those familiar With the council
manic situation do O regard It MS
even remotely iik'lH that the council
viii sustain the removal Of Mt Lewis.
lewis Make statement.
Mr.. Lewis said today that the per-
mission he had from Mayor SELLERS 20
leave town on general business had a
continuing enect. boz his opinion and
Furthermore he din not believe Mayor
Boatright had ~tufuority 10 remove
him from office V.thout action by the
council Whatcycr action the council
took, AR, Lewis said, he would abide
by.
Had been sur, { would have los,
the Office, ia ha.. made the trip py
Monday. anyWay said AT. Lewis.
There was no uuv else 10 gn, and }
felt Il my duty o. do IT," MIR. Lewis,
worn out by his slrepless night and IA
hard ride to and rom Santa Pc. did
NOT go Co his office today. Hc rec
manned In bed most OF the DAY.
VIII Aitc-i signature.
city Clerk Thomas Hughes. who
refused 10 put his name To the "com-
mission drawn b, Mayor Boatrighl
for his 'chief ot police" MONDAY
night until he had rad an opportunit,
to consult counsel aid today that III
had been advised that the. duty OF his
office required him 60 witness the
mayors signature He was advise,
that In 81 atestinr the mayors sig.
nature he would not make himself
liable under the law should the may
or's proceedings lead TO damage oI
other court action AFR. Hughes sal,
he expected 90 witness the muyora
signature on the commission bu
hadn't actually done ID SET. THAT
however" added Mr. Hughes viii
ifmphSsis. rs all 1 Win have "a IL