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Show THE CASE OF KESLER. A Sad Difference Over the Manner in Which He Can Be Removed WITHOUT AN INVESTIGATION. The Assailed Official Stands Firm and Administers Justice as Usual-Some Usual-Some Pertinent Paragraphs From the Statutes Bearing on His Case. According to the statements of those who claim "to know whereof they speak," as Councilman Rich would say, the members of the city council were guilty of an egregious egre-gious piece of blundering in the attempt to oust Fred Kesler from the office of police magistrate. That that august body has the power to remove no one will question, as that once knotty problem has been solved in the affirmative by Judge Anderson, but whether or not removal can be effected in such a summary manner is a question which is open to discussion. If such power is vested in the council it will be possible for any cabal that might be formed to forever for-ever disgrace any official who should come under the frowning cloud of its displeasure, without giving him an opportunity to defend de-fend himself, no matter how serious the charges might be. It is also claimed that a majority vote of those present can effect a removal, that a majority vote of the whole council Is necessary, and that a two-thirds vote is necessary. The people can take their choice, but it is a matter of record that the members of the city council themselves did not know Friday night which one of the three propositions should be applied to Kes-ler's Kes-ler's case. One faction desired his removal and cared not how it was effected; another wanted his head but in a legal manner, and a third believed that snap judgment waa being taken, and that the official should be given an investigation and allowed to make a defense. ... , . . The last proposition is thoroughly American Ameri-can and to many will appear to be the only proper course to pursue. Kesler's enemies ene-mies have not, as a matter of fact, had the hardihood to prefer charges, for, ' as is well known, a great many things which certain councilmen would like to obliterate from their memory tablet would be given publicity, old sores would be resurrected, and more or less domestic do-mestic trouble needlessly caused. Kesler stands firm and administers justice in the police court the same as though the I city council did not declare his office vacant. He has but little to say, but as he is a man of determination there is no doubt some of his enemies will have to show their hands before he bids adieu to official life. As the subject is of more or less public Interest In-terest the following extracts from the statutes stat-utes are given: Section 8, of the statutes of 1S60, provides for the appointment of officers, etc., and such other officers and agents as the city council may from time to time direct and appoint. Section 9 says: Every person elected or appointed to any office under the provisions of this act may be removed from such office by a vote of two-thirds of the city conncil; "and no officer shall be removed except for cause; nor unless furnished with the charge.; and haH have opportunity of being heard in da-fene. da-fene. . . - All officers appointed by the crty council may be removed at any time by vote, at discretion of two-thirds, of said councU; and any officei- may be suspended until the disposition dis-position of charges preferred against him. The act passed by the last legislature and approved February 27, 1892, says "that hereafter here-after the mayor shall appoint by and with the advice and consent of the council, all officers who are now made appointive by the said council." Later the legislature passed an act, which was approred March 4, 1892, whieh says in section 4: In all cases where cities of any class have heretofore here-tofore elected more than one justice of the poace, the city council of such city may, by resolution, designate one of such justices to act for such city at large, and such city council may designate the place where said justice shall transact bustness pertaining to his oeffle, and any city of the first or second class may, by ordinance or resolution, fix a salary for such justice so designated, which such salary shall be in lien of aU fees and other charges. Section 3 of the same act provides: If a vacancy shall occur in the office of city justice jus-tice of the peace the mayor shall forthwith call a special meeting of the eity council and it shall immediately proceed to fill such vacancy by appointment ap-pointment for the unexpired time. The minutes of the city council, under date of April 6, 1892, say: Fred Kesler and W. W. Gee were placed in nomination. The first ballot resulted as follows: Fred Kesler, 9; W. W. Gee, 6. Mr. Fred Kesler was declaied appointed to the office of police justice. As Councilman Horn said recently to Engineer En-gineer Doremus: "You must understand that law is one thing and equity is another." |