The Bridgeport times and evening farmer. (Bridgeport, Conn.) 1918-1924, 1922-04-26
Hunter Holding
Office Illegally

| InlS rlSnL the part OIL l1lS COuil-
| ell is not an absolute right; that in
! comforting the power of removal up
on the council the right of reve1w by
way IF referendum is reserved to the
people OF the town.
The defer ant does not claim, how
| ever. that this right of referendum on
the disn issal of the town manager is
| exp t.ssIy gwen by the charter. What
he claims is TIM the act of the coun-
Gil in Diminishing him from office is
a measure and that no measure
adopted by the council becomes ef-
| fe ctive until thirty days after action
by the council, and that thirty days
not having expired at the time of the
| issuance of this writ. the action of the
council was not operative, and there
fore, he was not acting without legal
warrant, claim right in exercising
the duties of the office, but that he
is the lawful incumbent of the ofdce
| of town manager, and that as such
he is entitled to all the rights pr1v1-
leges, and franchises thereof.
What is the basis of this claim OF
the defendant? Section 20 provides
that:
mo measure shall go into effect
until thirty days after it's passage,
| unless it shall be declared an emer-
gency measure" etc.
Section 80 provides that:
eff within thirty days after the fl
nal passage of any measure by the
council a petition signed by the cleo
| tors of the town to the number of
at least ten per centum of electors
who were entitled to cast their votes
at the last preceding town election, to
be filed with the town clerk, request
| ing that any such measure or any
nlitted to a vote of the electors, it
part thereof be repealed or be sub
shall not except in the case of an
| en-. Urgency measure, become operative
until the steps indicated herein have
been taken"
The defendant in his plea not only
alleges that the thirty days allowed
by the charter before a measure be-
comes operative have not expired.
but that the necessary steps had been
taken for a referendum vote.
The question naturally arises in
view of the defendants claim, is the
act of removal a measure within
the meaning of that term
A study of the charter discloses
that the COUNCIL possesses two dis
tinst powers: one that is executive or
administrative; the other that is leg
islatiye or judicial
If the act of the council in voting
to remove the defendant is an execu-
tive or administrative one. such act
in the absence of some clear prov1-
sion of law to the contrary, is final
and not subject to review by the
courts, or subject to a referendum.
The power of appointment and dis
missasl of officials given to an execu-
tive of a city or state is usually an
exercise of executive power. and is
not judicial.
In making an appointment the state
does not act in it's legislative ca
pacity, but as a public body exercis-
ing the period of appointment.,
State VS.. Watkins, 81 G. 594.
The action of the council in remov-
ing the defendant from Office must |
therefore stand without interference |
upon the part of the court, unless its |
action in removing the defendant |
can be said to be a measure within |
the meaning of that term as used in |
the charter and thus subject to refer |
endum. In the absence of language |
or circumstances indicating the con- |
trary. a word is to be given its or |
binary meaning or significance.
Webster defines measure to be a |
Legislative enactment; while the |
Century dictionary defines it to be |
among other definitions, "any course |
of action proposed or adopted by gov |
eminent. or a bill introduced into a |
legislature as measures Chat is.
bill or bills)."
Under a statute giving mayors OF |
certain cities power to veto any /
passed by the board of alder
men. a mayor has no power to veto |
such an election is not a measure.
s5 So. ss7.
1t is the claim of the defendant,
however, that whatever the ordinary
use of the word measure may be |
it's true meaning. is to be found in |
the charter itself and that the mean
ing there given is a broader one than |
is usually given to the use Of such
word.
Section 21 of the charter provides
that the people shall have the pow
er at their option, to propose ordin-
adopt the same at the polls, such |
power being known as the initiative"
The word measure as used in this
section is made to include can ordin-
nrda o,- "a
s quite clear that what is here meant |
'elates to matters of legislation, that
s. the people may propose ordinances,
'esolutions, etc. 1t is to be noted
hat this power of the people is the
1ower Of initiative. 1t is not the
bower to review, but the power to
originate. 1t is the power. ,as stat
ID, to suggest or propose legislation. |
md not the power to vote it.
Section % provides that ''the peo-
lie shall have the power, at their OPP
my measure passed by the council
n submitted by the council to a vote
# the electors. excepting measures
evying a tax" etc. etc.
One searches the charter in vain to
discover where the people are given
over the selection of town
unless it be by this indirect
method suggested by the defendent-
er would cause endless confusion in
he carrying on of this form of gov
rnm ent, for save for the adoption |
f ordinances, resolutions and other |
measures, and exercising supervision
nd control of the town manager, the
ouncil shall exercise its administra-
i've function through a town man
ger and his subordinates." (Section
~.
1t can readily be seen that in a
onflct between the voters acting un-
Ter this claimed power, and the
'ouncil, the town, a good part of the
ime, might readily be without an OPP
rating head.
Does the meaning thus given by the
harter to the word measure really
ualify or change its ordinary mean
ng? Is there. in fact, such a dis
notion between the words "Ordin-1
nee, resolution, order or vote" as to
Indicate that these words compre-
Iend every act of the council, inc1ud-
ng that of the appointment or re-
noval of a town manager, for If the |
eople can thus vote the act of the
ounci1 in removing the town man
ger. they can also in this way ap-
- =, 4