The Wyandotte herald. (Wyandotte, Mich.) 1879-1943, 1942-08-14

save time. we nave ,Stuule0 tnlS mat
ter carefully and have checked the
state law and the Charter 6 the City
OF WyanfOtte and my associate, Mr..
Barbour. has prepared an appearance
which we would like to file before we
go further.
Mr. Barbour here presented the fol-
lowing appearance:
State Of Michigan
City Of Wyandotte
August Ii, 1912.
In the Matter Of John T.
McWhirter, City Treasurer.
Before the Common Council of the
City Of WyandOtte
Special Appearance, Protest and
Objections to Procedure
Now comes John T. McWhirter, City
Treasurer Of the City of Wyandotte.
appea airing personally and by his at
tOrney, Frank p. DARN, specially and
specifically, and only for the purpose
Of Objecting and protesting to the pro-
ceedings heretofore taken by the Com
mon Council in an alleged petition to
Dust said John T. McWhirter as City
Treasurer, for the following reasons.
tO-wit:
y 1. That the said Common Council
has mot followed the Statutes of the
State Of Michigan and the Charter Of
the City Of WyandOtte in the form
and manner provided for custer pro-
ceedings, in that no complaint has
been filed with said Council nor any
one else, setting forth specifically any
charges upon which his removal is
sought and that the same is not yeri-
fled upon oath.
=. That he has never been served
with a proper legal and valid copy of
any charges verified upon oath, SGT
ting forth specifically the grounds up
on which his removal is sought. so as
10 sufficiently apprise him of the ma
ture or the charges, thereby enabling
hlm to prepare a proper defense to
SAINT.
3. THAT as the matter now stands.
the Council merely adopted reSolu-
ton directing said John T. McWhirter
10 appear before il at this time and
show cause why he should not be- re-
moved from office, not setting forth
specifically any charge under the Stat
ute that would justify his removal.
All of the above being in violation
OF said John L. McWhirters corstitu-
tI0nal rights. whe reupOn the said John
Il. McWhirter, because Of lack of in
formation of the nature of the charges
alleged against him and the Common
Councils failure TO comply with the
Statute Of the State Of Michigan and
the Charter of the City of Wyandotte
III such case made and provided. con
tends by his attorney that said pro
ceedings heretofore taken by the Com
mon Council be null and void and that
the matter Of his removal is not at
this time ut issue.
Frank l.. DARN,
Attorney for John 4. McWhirter
Daily News Building
WyandOtte, Michigan
Mr.. DARN:
understand. i'll view OF what you
have said. that will be recorded in
the minutes by the reporter.
In view of what you have said.
there is nothing further that we care
to do. We contend that these pro-
ceedings are null and void and Of no
legal effect. AS far as we are concern
ed. YOU may proceed. But. / warn you
At this time, Mr. McWhirter, Mr..
DARN and Mr.. Barbour arose and left
the Council Chambers.
Mr.. Gartner;
We will proceed at this time
The initial report of Ernst and
Ernst was submitted To this Council
On Tuesday evening. August 4, 1912, al
which time removal proceedings were
initiated by member of this Council
by means of resolution, which
was adopted by unanimous vote of
the Council. charging Mr.. McWhirter
with corrupt or wilful malfeaSance and
miSfeasance in office.
In accordance with the City Charter
Mr.. McWhirter was given notice of
the hearing. which we will later prove,
notice Of the removal proceedings and
notice of the charges. He has the right
TO defend himself before this body
against these charges.
I'm the presentation of these pro-
ceedings,. We will prove to this body the
following:
1. Proof Of service upon John T.
McWhirter. which he has admitted.
although he claims the service upon
him 10 be null and void.
z. That he was Treasurer of the
City Of WyandOtte, which we will
prove by means of the confirmation of
election and by his oath of office.
s. We will show by expert testi-
mOny that John r. McWhirter is gull
~ of malfeasance and misfeasance i'm
office. Due TO the fact that the City
Treasurer, by virtue of the Charter Of
the City of WyandOtte and also the
statutes of the State of Michigan, rel
ative TO school districts, is also Trea-
surer of the School District of the
City Of WyandOtte, he is charged with
the duty, as Treasurer of the City Of
WyandOtte, with collecting all money
belonging to the city which comes into
his possession, of keeping separate ac-
counts of each and every entry. and Of
accounting TO the City Council of the
City Of WyandOtte for all moneys re-
ceived. all Of which he has failed TO
do.
The City Charter provides as fol-
lows:
The City Treasurer shall receive all
moneys belonging TO and receivable
ana shall keep an account of all re-
ceipts and expenditures thereof. He
shall pay no money out of the treasury.
except in pursuance of and by author