Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-09-21
North Dakota News

AS4 70 3, HA.4 G|sHN La-a.-aE #.kaal
OF Minot by reason Of the said order
upon which said order Is
based.
"The order and removal are alleged
to be based upon Chapter 1872 Of the
Laws of 1913, being Section 685 and
following sections of the compiled
laws Of 1913. Section 1 Of said chap
ter 1872 and being the principal sec-
ton in question and which section has
not been amended, went into force In
this state on July 1, 1913, and reads
as follows: THE Governor may re-
sioner, clerk Of the district court,
county Judge, sheriff, coroner, county
auditor, register Of deeds, states at
torney, county treasurer, superinten-
dent of school, county commissioners,
sUrveyor, public administrator, mayor,
chief of police, deputy sheriff or other
police officer. or any custodian Of pub
lie moneys, except the state treasurer,
whenever 1t appears to him by COM
names Mayor or other police officer
includes the office Of President of the
petent evidence and after a hearing as
hereinafter provided that such officer
has been guilty Of misconduct NAL
~feasance, crime in office or for habit
ual drunkenness or gross incompet-
tency.'
THE title Of said Chapter 1872
reads as follows: AN Act Providing
for the Removal of certain county,
township, municipal and other OFF,
GERS 1t is manifest that those certain
officers that the governor may remove
are the ones named and described in
the above section and nowhere in said
section or in any other section or stat
ute Of this state do we find named the
president of the city commission as
one OF the officers that may be re-
moved by the governor.
"The governor might claim tina" the
city commission, but, such claim
1dent OF h city commission is not
the mayor of a city. Under the laws
OF this state concerning cities operat-
ing under the commission system, the
offices Of mayor and president are not
Identical. The powers and duties of a
mayor are very different from those
CT a president Of a city commission. A
mayor Is not a member of the city
council, having only the right to pre-
side and cast the deciding vote in case
OF a tie. as hel1 by our supreme court
In Nelson VS.. Gass, 81 N. D. S57. The
president Of a city commission votes
on all questions before the commits
sion. The mayor has the right to veto.
The president has not. The mayor
may summartly discharge a chief OF
police and other appointive officers.
The president cannot The president
is a members Of the board of commits
sioners n the board are the Judges
OF the election and qualifications of its
members and may fine or expel any
commissioner including the president
for neglect Of duty. The board OF
aldermen or city council are not the
judges Of the election and ouaIihca.
lions OF the mayor Inc may not fine
or expel h mayor for neglect of duty
With regard to the police department
or a city. most Of the duties conferred
upon the mayor In cities under the
aldermen plan are now in cities under
the commission plan, conferred upor
the police and fire commissioner. whc
according to Section 1894 c. L. 1911;
snau have under his special charge
the enforcement of all police regula.
lions OF such city and the general sup.
ervision over the fire department o.
such city. The president of the cit,
commission has with regard to thu
police department of the city onl,
little more authority than q private
citizen, unless a majority of the fiv.
members Of the city commission sun
Iport his propositions or programs. Th,
authority Is in the board composed o.
tive members, rather than In the pres
idert, or In any other individual com
missioner. While in cities operating
under the alderman plan the mayo
has many executive powers such ed re-
moval, veto, and with regard to Ger
tain appointments, that the presiden
! does not have. I could give other dis
d%nctions between the office Of mayo
and that Of president, but the aboy,
are sufficient. ~
This leaves us with the proposftio,
as to whether or not the president l
included in the statute under the de
scription or other police officer Tn,
statute says the governor hay remov
a chief Of police, deputy sheriff O
other police officer It Ii NANTES
that the president is not a police of
nee within the purview Of the statute
The preceding words chief of polio,
and deputy sheriff are descriptive o
the kind of police officer referred t.
in the statute. . This is a long estab
lished rule of statutory CONSTRUCTION.
st, therefore, follows that we mus
hold, that the above removal statut
does not include within it's terms tn,
president Of a city commission as on,