Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-01-08


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Ihe pe't''o"eI "'s ""i' w -.
eonfnlss'onei vi tne r'H w Du- M 49, W.
ny the CIT! councu .ot ,e, III W W. T'
Years ir''' -Npi" co. I'io' CIV
po'an' announcer peti''u''er' WIZ ""S a'ao
Drought pet'uoli ior VIII "a Ne' Wv .,
against inc same Pe't''o"ee0' 'o'''
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nafties 10 oe hea'o al ,he saiue ti'he VII"
TINS case ana 10 pe ioi'o"e" pE cue "''"'
result was also GUY eIec''u d street c''"-
missioner ny the CITY 'ouhch tot N.' 'ei w
OF three years from tue -o'n uaE VI |1f'''
1917. the petltionees are 'he mayor anu
aldermen OF the cry ahu constitute lhe
city council VINO. ny virtue OF the 'l!
charter were vested with power 10 suS-
pend or remove from once a" subordinate
OFFICERS, including street commissioners
for incapacity. negligence" or had con-
quot.
On May y, 1919, the city counclI passed
a resolution that the city attorney pre-
pare charges against Berseron ana Dolih'
and 10 each Of the charges should he at
tached a citation requiring the petit
toners to appear before the city council
the city clerks office at 500 p. m
May 2. 1919 TO answer thase charges.
In accordance with mat resolution
the city attorney on May /" l9l?' pre-
pared such charges and caused them TO
be served as directed. inc charges
against Bergeron, in substance, were
that the firm of John l.. Bereeron
Son, consisting Of the father and son.
the father being street commissioners
and the son, Victor BerGeron, being an
alderman of the city. furnished ma
terial and performed labor on certain
bridges and a stairway TOR the city
costing more than SO in cacn case. ana
In the aggregate costing several thoH-
sand dollars, for which the firm was
paid from the city funds on DIS ap-
proved by the street commissioners. OF
which BerGeron was a member with
out contract awarded upon olds ad-
vertised by publication as required by
section ia OF the city chafter. anu per-
formed the labor without tho supefNi-
sion of the city engineer, IN violation
or an order OF 'he hoafo OF HueImoh
OF the city.
The charges against Dolan varied
from those against BerEeron. an that ne
was not charged with performing the
labor or furnishing the maternal. nut
was charged III othcF respects as Der
Eeron was charged.
BY agreement of the attorneys Of the
respective parties the hearing set Tor
the oth was continued to the 3'St or
May, 1919. for the purpose, as the rec
ord states, of hearing the above cause
ard that the city attorney may amend
and file additional charges within p
week from this date with the city
clerk and furnish each opposing ator-
ney with copy of tn" same and that
hearing on such amended additional
charges shall also be had at the same
time With tn" original charges. rms
stipulation is made Tor III" purpose OF
GiNins SAID berseroh ana lloIan all IN"
time and opportunity wh''h they re-
quest and deem necessary 7" prepare
their several defenses. and to enable the
city attorn"' o file additional charges.
Afterwards additional charges were
tsled. IN substance TO the erect mat
the street commissioners and HerGer-
on, without any other authority from
the city council than recommendations
by the mayor failed to cause the city
engineer to prepare necessary plans,
specifications and estimates for the