Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-04-01
K|]DER WIS WATER FIGHT
Supreme Court Decision Rein
states DepOsed Commissioners.
Outcome Of Former Mayor Burl<e's In.
vcstiention of Department., when
Many Charges Were Preferred
against Superintendent.

The famous water department case, in
which the board of commissioners and
Superintendent j. Frank Kidder were
ousted from office last year by a vote
of the city council, took new turn
Tuesday on the receipt Of the decision
of the supreme court by Clerk c. ].
Russell In the certiorarl proceedings
brought by the deposed board against
Mayor Burke and the city council to the
ERECT that the proceedings were quashed.
This reinstates Commissioners A. II.
Rutter, c. IL. Jones and Jules Simays,
and Superintendent Kidder, and deposes
Commissioners r. s. Angus, +. Il. Grady
and d. j. Leonard. and Superintenden t
w. II. Wilson. The situation Is Just
where 1t was before the investigation
against the water department was begun
last spring
The decision of the court is as fol-
lows:
Albert II Rutter ct al
VS..
James e. Burke ct AL
In this case the clerk will enter petit
ton sustained, issuance of writ ordered.
and proceedings ordered to be uuashed
on being certified to this court
LOVELAND MUNSON.
For the court.
Approved:
JOHN NJ. WATSON.
SENECA HASELTON
GEORGE NJ. POWERS.
WILLIAM II. TAYLOR.
Mayor Burkes investigation of the
affairs Of the water department. based
on a series of charges formulated by
him. was the subject last summer of
several hearings before an aldermanic
committee. consisting of Aldermen Crane,
Boucher and Buell.. There was a vast
amount of testimony introduced which
occupied much time. The committee
finally reported, majority report, signed
by Messrs. Crane and Boucher sustain
ing the charges, while Alderman Buell.
signed minority report to the effect
that the charges We're not sustained
The matter was then taken UP before
the city council. which voted to remove
the commissioners from office by a vote
of to 6. The city council not long
| afterward elected Messrs. Grady, Angus
and Leonard as water commissioners
and the commissioners elected Mr. Wilson
as superintendent Of the water works.
Still later the offices of supertntendent
of the filtration plant which Mr. Wilson
had held. and tho office of water SUPER
intendent were combined In one and the
appointment given by the commissioners
to Mr.. Wilson.
The ousted commissioners and the
superintendent were not inclined to give
up their Offices. however. and several
interesting clashes resulted. At one time
Superintendent Kidder was removed from
the office by policemen under the
mayors direction and the locks were
changed on the dorcs. Mr. Kidder kept
reporting at the office, however, and
frequently ordered Oscar Heininger who
had been reinstated under the new ad-
ministration. to get out. This was finally
ended by Mr.. Wilson's obtaining an in
junction against Mr.. Kidder.
The old board of water commissioners
then petitioned for "a writ of certiorari
and the evidence was taken before c. ].
Russell. The review OF the case was
taken TO the supreme court and their
decision is the one which was received
in this city Tuesday.
The injunction against former Super
intendcnt kiddcr will have to be re-
moved before he takes possession Of the
office again, and this will be done short
~ on a motion to dissolve the same 1t
WIS ORIGINALITY granted by Judge Frank
l.. Fish.
Enclosed with the decision Tuesday
was letter from Judge Munson to Act
ing Clerk Luther c, Moody In which
ne stated that the supreme court made
known its decision at this time in view
OF the fact that the Burlington city
council Will meet the first Monday in
April to appoint it's officers and the
period Intervening will give opportunity
TO look over the situation.
Messrs. Rutter and Jones of the REIN
stated commission hold over their offices
but Mr.. Simays' term expires April 25
ana a commissioner to succeed him will
be elected by the new council at its first
meeting next Monday. The office OF
Superintendent Kidder expires April Is
Acting Mayor Buell., when asked Tues
day what he thought of the decision,
said: Il do not see how 1t could have
been otherwise. ] was one of the com
mittee who Investigated and was Obliged
to hand In a minority report in favor OF
the defendants, as 1t looked tn me like
frame-up, pure and simple. and proved
to be regular boomerang"