The Wyandotte herald. (Wyandotte, Mich.) 1879-1943, 1942-08-14
N WHITTIER IS
OUSTEO BY THE
CITY COUNCIL

The Council al its session Tuesday
night, voted unanimously to make the
suspension Of John Il. McWhirIer a
city trea surer permanent. by rrnOV-
ins him from office
Mr.. McWh irter was present and was
attended by his attorney previously
announced. Frank T. DARN. and Al
,tJruey Barbour.
Mayor Louis W. Benin called the
meeting To order and announced that
City Attorney Frederick J. Gartner
would have charge of the proceedings
10 follow. Mr. Gartner said the action
taken was i'll accordance with the city
charter, which entitled Mr. McWhir-
ter 10 hearing.
Following this Attorney DARN pre-
scented an appearance prepared by his
assoc late, Mr.. Barbour. The document
declared the action taken by the
Council had not followed the statutes
of the state of Michigan and the char
ter Of the city of WyandOtte, in that
no complaint has been filed with the
Council nor any one else, stating speci-
tically any charges upon which his
removal is sought and that the same
is not verified upon oath
That he has never been served with
a proper legal and valid copy of any
charges verified upon oath. setting
forth specifically the grounds upon
which his removal is sought, 50 as L.
sufficiently apprise him of the nature
of tie charges, thereby enabling him
to prepare proper defense To same.
That as the matter now stands. the
Council merely adopted a resolution
directing said John Il. McWhirter To
appear before it at this time and show
cause why he should not be removed
from Office
The statement closed with claim
that the proceedings heretofore taken
by the Council were null and void and
that the matter of his removal is not
at this time an issue.
Verbally, DARN said, As far as We
are concerned. you may proceed. But
1 warn you that you do 50 at our OWL
risk"
AT this point McWhirter and hi
lawyers left the Council chamber.
Defending the steps already taken
by the Council. City Attorney Gartner
said that it would be shown by expert
testimony that the former treasurer
is guilty Of mafeaSance and misfea-
l.
charter were quoted to back up this
contention.
City Clerk Lawrence j. LaCOurSe
was placed under oath and testified
as to the procedure followed by him i'll
the case.
Then the auditors who have made
reports to the Board of Education and
the Council, were heard-Gerard j.
HungerfOrd and Byron j. Green. i
Mr. Green said that preliminary eX-
animation indicated shortage ill the
treasurer's accounts to the extend of
$24, 1852, which occurred between
June -. 1910 and July q. 1912.
The figures given were a repetition
of those published a week ago, show
ing total city funds unaccOunted for
S4.OOS.24, and Board of Education
funds so, 1OS.0S, for a total of 81,
1852.
Attorney Gartner's questions
brought out a statement of informing
ling of funds Of the Board of Educa-
ton, Wyandotte General hospital and
the city's delinquent tax account, and
said that, inasmuch as McWhirter and
his attorney had not availed them
selves of their right to question the
testimony given there was nothing fur
Their to be done. except to sum up the
proceedings of the evening, which he
did. He then turned the matter over to
the mayor and Council for cOnSidera-
ton.
A stenOgraphic report OF the meet
ing taken down by Miss Lugetta NJ
Murray, Of the city clerks office, will
be found in full in the Official pro
ceedings of the Council, printed III
this issue of The Herald.
Later in the evening the following
resolution was offered by Councilman
james ii. Mason and adopted unani-
mOuSly:
Resolved by the City Council of the
City of WyandOtte,
Whereas, this Council having heard
the testimony presented before this
Council, relative to the charges for re-
mOval brought against John L. Nc
Whittier, treasurer of the city of Wy
andOtte, which testimony was submit
ted by Gerard j. HungerfOrd, certified
public accountant. OF the firm of Bond
X Hungerford, and Byron Green. Ger
titled public accountant, Of the firm
of Ernst K Ernst, establishing short
ages In the funds of the Board of Ed
ucatiOn Of the School District Of the
City Of Wyandotte and the treasurer'S
accounts Of the city OF WyandOtte. in
the amounts of $20.1OSO8 and $4.O0S ~
respectively; and
Whereas this testimony. in the Opin-
ion OF this Council. establishes Mr.
John T. McWhirter guilty of malfea-
sance and misfeasance in Office as
treasurer of the city Of WyandOtte.
Therefore. be it resolved that John
II. McWhirter be and is hereby re-
moved from the Ooffiee Of treasurer Of
the city Of WyandOtte as Of this date
for malfea sance and misfeasance in
the conduct OF his Office.
Resolved further that a copy Of this
resolution be served upon the said
John T. Mcwhirter and Frank DARN.
his attorney.
MeWhirxer In EiShf Removal