Show RHODES APPOINTMENT An Eleventh Hour Explanation of the Move THE CHANGE IN THE LAW I CASTE WITH THE DAWN OF TEE I NEW YEAR I Arthur Pratts Chances to Be Chief of Police Apparently Less Substantial Substan-tial Than EverWho Will Be President of the Board of Education Edu-cation It is not unlikely that Mayor Clark will have to wait the councils pleasure in providing a place for Arthur Pratt or any other appointee to the head of the police department Of course it is not expected that the council will delay de-lay enacting an ordinance recreating the office or chief of police which was abolished two weeks ago to avert a condition that forebode ill to the police force But if his honorelect should submit the appointment of Mr Pratt without first arranging to secure the ccrecurrence of the council in the removal re-moval of Sergeant Rhodes as officer in command of the department that is if no other provision is made to create an office for Mr Pratt in advance of the appointment a largesized stumbling block will be in the way of the plans of both the mayor and the exchief From a group of city officials and leading attorneys a Herald reporter yesterday heard a discussion of the conditions and the laws authority which foreshadow the peculiar and un lookedfor combination of circumstances circum-stances coming and likely to come to rfss It appears that Mayor Glendin ning feared Arthur Pratt would attempt at-tempt to assume command of the police force at the close of the year that being be-ing the time when the police commission commis-sion became officially dead To prevent pre-vent any clash of authority the mayor appointed Sergeant Rhodes to the post of command until otherwise provided by proper authority The Dale ordinance socalled saved the organization of the police department depart-ment but without a chief after midnight T4 mid-night on Dec 31 The revised statutes of Utah furnish the authority for the action taken thus far and in prospect The ordinance which Councilman Dale introduced and was passed simply preserved pre-served the number of men in the police po-lice and fire departments but it did not designate a chiefs office The contention is made by some few that if Mayor Glendinning had a right to appoint an officer in charge of the force on Dec 31 Mayor Clark would have a similar right on Jan 3 after 12 oclock noon the time of his assuming assum-ing the mayoralty chair But this plea is met with a statement that the force is full to the limit allowed by the ordinance ordi-nance and further that no vacancy exists In refutation also of the claim that the new mayor has as many prerogatives pre-rogatives in this respect as had the j retiring executive when he placed Sergeant Ser-geant Rhodes in command the law is cited showing that with the dawn of k the new year there was a change in the J law whereby the mayor must have the r concurrence of the council if he wishes to create a vacancy by removal in office To be more explicit so legal talent tal-ent reasons Mayor Clark must removeS remove-S rgeant Rhodes as commanding officer of the police force before he can appoint ap-point Arthur Pratt to fill the sergeants shoes pending the enactment of an ordinance recreatng the office of chief It is laid down as a sound legal proposition prop-osition that there can be no removals of the police and firemen by the incoming I incom-ing mayor unless the council consents to create vacancies in this manner so that Mayor Clark can name new subordinate sub-ordinate members for either department depart-ment It is equally sound to contend j I that the incoming executive cannot appoint ap-point any policemen or firemen until vacancies are created in the manner 00 just related Incidentally it may be remarked that while similar but not identical conditions condi-tions obtained in both the fire and police po-lice departments at the close of the year the new law governing both departments de-partments went into effect on the 1st inst only the late ordinance directly affecting the police chieftaincy and I hence Mayor Glendinning was moved to act impartially in designating pro tempore tem-pore commanding officers for the firemen fire-men and the policemen In the interest of the public welfare I t The ultimate solution of the dilemma I that is supposed to confront Mayor Clark and Mr Pratt will be the enactment enact-ment of an ordinance creating the of fice of chief of police and designating the number and personnel of the force Then of course removals must be legally le-gally made before appointments of the rank and file will be in order The milk in the cocoanut that Mayor Glen dinning cracked with the new law and his prerogative on the dawn of the year 1893 is that ifMr Pratt is to be appointed chief of police he rvill have to wait a few days longer than he had anticipated to let the situation clear itself a little I |