Arizona republican., 1915-03-26
CITY MANAGER
(continued From Page one)

under an ordinance or resolution so passed or adopted.
 This commission went after this man," said Judge Baker. They wanted to get him. Now they say there is no review of their action
 Ordinance No. 36, said Judge Baker, prescribed procedure for the removal of the city manager Though the emer- gency clause was attached he contend ed it cid not become operative until it had been published at least ten days. It was passed on February 13, the hear ing began on February 17 and the or dinance did not become operative until February 23. Therefore, contended the attorney. the commission had no juris- diction in the hearing until February 23, when the counsel for the proponents had concluded their case. He further contended that the resolution removing Manager Parish, adopted on March Is was not operative in that it had never been published.
 Judge Sloan for the commission stat ed that 1t must be apparent to the court that counsel for MT. Parish were pre- senting mere technicalities in an effort to discredit the commission and to bring about an annulment of their re- moval order. He said that the hearing accorded Manager Parish had been em- inently fair and far more extensive than the commission was absolutely re- qulred to give. He said that no ad- vantage had been taken of the defen- dant. He said that the charter is very clear on the powers of the commission. He said that the common law required only that the proceedings shall be con- ducted with fairness to the defendant He said that an ordinance prescribing procedure was not necessary. He an- nounced that throughout the entire proceedings there was no suggestion from counsel for Mir. Parish that the hearing given MT. Parish was not fair and full. There were no irregularities in these proceedings, said Judge Sloan. who further stated that he was present to defend the commission in every step 1t took in working to the ultimate re- moval of Manager Parish.
 Attorney Hayes augmented the argu- d two and Attorney Alexander concluded for Mir. Parish. He said that the cita- tion of Mir. Hayes. could have no bear ing upon the case in hand unless it was shown that the charter in the city where the proceedings referred to were held, was identical with that of the city of Phoenix He said there was no other charter identical with that of this city. He said that there were but six or seven in operation that were any thing like that of Phoenix
 The purpose of this charter" said MT. Alexander, ''is to have a city man. ager that is entirely independent of the commission. This manager is in no way subordinate to this commission. True he is their appointee but ha is not their servant. He performs the functions of his office without asking the consent of the commission and that is Xhx- .xaa, will find .hasA -iiz,ia a;a4.
 The decision of the commission is null and void for the reason that the commission acquired no jurisdiction of the subject matter which is that of the removal of this manager. because they did not adopt an ordinance or res- olution giving them that power or de- lining what shall constitute cause for removal We respectfully submit that the only duty this court has to perform in this matter is to decide whether the commissioners of this city had the au- thority to act as they did in the re- moval of the city manager"
 Judge Stanford immediately an- nounced his decision which was that the court finds that the city commits sion had jurisdiction and affirms the findings of the commission in the re- moval of the city manager"
 Notice of an appeal to the supreme court Of the state was filed at once.
 Manager Parish stated last evening at the conclusion of the hearing that he was not through fighting and that he would go to the supreme court if his attorneys so advised
 Late last night Mayor George U. Young announced that a special meet ing of the. city commission would be held at ten o'clock this morning at which time it was believed that the commission would devise plan where by the city employees would at once re- ceive their pay which has been held up since the removal Of Manager Parish owing to the refusal of City Treasurer J. C. c. H. Boon to honor warrants drawn upon the general fund. acting upon advice of attorneys representing | his bondSmen