The Mankato free press., 1923-09-14
OUSTED NELETH
HEADS AT DESK
Mayor and City Clerk Re-
fuse To Yield Jobs
BONDS ARE FILED
New Appointees Named BY
Governor Ready To
Serve

Duluth, Mimi, September II.
Declaring that he was not de-
tying the law but that in his
opinion he was standing on
the law in his refusal to vaeate
the office as mayor OF EVeIeth,
Victor esslins, suspended in an
order issued yesterday by Gov
ment here today assorted the
BELIEF that the governor, G7der
the city charter and the state
constitution, has no authority to
either suspend or remove Eirn.
Eveleth, Mimi, September IL
Although suspended indefinitely in
an order issued yesterday by Cover
nor ]. a. o. Preus, Mayor Victor
Essling and City Clerk A. E. Van
Buskirk, who are charged with mis-
conduct in office, today, were back
at their desks in the city hall.
However, the checks Tor the Au-
gust payroll approved at last nights
meeting Of the city council, were
being signed by George Campbell.
president of the council, and Axel
Brandt, assistant city clerk. 1t was
said that these men had S sned the
checks before in the absence OF
their superior officers.
J. c. Poole, acting mayor, named
in the governors order had not ap-
peared at the city hall early this
forenoon since the city clerk yester-
day refused TO accept Mr.. Poole s
bond which had been approved by
District Judge H. J. Grannis of Du-
Iuth Harry l.. Burns, appointed
city clerk. filed bond with the assis-
tant city clerk. but il has not been
formally accepted by the city attor-
ney.
Claim Governor Lacks Power.
The suspended officials claim the
governor has no legal authority in
the matter.
II is understood that the order for
removal was brought about follow
ing charges made in connection
with the report of Garfield Brown
state public examiner. whose report
alleged general misconduct in The
Office Of the mayor and city clerk
to vacate their offices point out thai
the city charter provided that the
mayor shall be succeeded by the
president of the city council and
the city clerk by the assistant city
clerk. According to the charter
they contend. the only time when a
mayor may be appointed is in case
Of recall and then appointment must
be made by the city council.
Mayo: Essling and City Clerk Var
Buskirk could not be reached late
this forenoon. 1t was said they had
left the city hall and were out oi
town"
Refused To Comment.
n,,l,
torney General Hilton and Garfield
Brown, state public examiner, il
Duluth today en- route TO st. Pau
follow a motor trip through the
north state refused to make any
statements in connection with Gov
ernor Preus' suspension of Victor
l. EBIing, Eveleth mayor, and A
z. VanBusk!rk, city clerk.
Mr.. Hilton said he had not seer
the order and therefore was not pre-
pared to discuss it. He would no
say whether he thought the Eyeletl
officials were justified in their con
tention that Governor Preus wa.
without legal authority in the mat
ter.
Statement From Governor.
Grand Marais, MINI, Septembe,
11.-Notifed that the city Officials
OF Eyeleth suspended in his orde
served yesterday had refused TO va
cate their offices on the grounds
that he acted without legal author
ity," Governor J. A. o. Preus assert
ed today that the order means tha
the offices are vacant" The gov
ernor intimated that he would in
struct the attorney general to TAX
the necessary steps to install in Of
fce the temporary city officers ap
pointed in his order.
Governor Preus refused to discus
the charges against the Eveleth Of
t1cials. stating that the full infor
nation is available at the stat
public examiners office"