Show OGDEN CITY OFFICERS progress of the case brought to inseal lh mayors appointments at landed down a decision in a case that ia if particular interest to tho people of for the reason that we are very bable to have several similar cages on nr own hands mayor spencer of oe ion is a democrat and the of he ogden chiy council ara ind they have refused to confirm some f mayor appointments to city feces appointees alio have lot been confirmed contend that they ire entitled 0 o the offices notwithstanding the councils refusal to confirm and ogdene democratic mayor backs up in this stand and hai eone into court to prove that he is right the complaint as filed recited that willis T beardsley still held the office of city auditor under an appointment by mayor broush two leara ap that his term of office has expired ha mayor spencer according to law appointed B T hums as oily auditor which appointment the council refused to confirm and that eix of the city council had entered into a conspiracy each with the other to not confirm the mayors appointees unless ce the mavor should enter into an agreement with them to appoint certain men 0 o certain offices oa cheso alleged facts the plaintiff asked for the judgment oi the ourt that beardsley Bear daley is not entitled to the office and that he bebus tod and that hume ia entitled to the office and that he be put into possession therdo to this complaint the defendants W T Bear delpy and the members ot tha city council entered a general and a special demurrer and a motion to strike out the councilmen as parties defend ant ane lidga bulins on the decision was that the writ ia dismissed as to all of the except the defendant beardelee Bear deley that the motion to strike out be granted aad that the demurrer be overruled as to the defendant beardsley in the very long decision the jage said that under the ogdan ordinances relative to appointive officers which in that particular are identical with tha provo a vacancy aisea upon the expiration of two years afta appointment and he also bays that be cannot eee the force of the aren ment chaa pardon cannot rightfully exercise the of an office and receive the emoluments thereof where vacancy exists and such person is appointed by the grocer authority pending the time between anch appointment and confirmation of the same if jadee ia right all ot mayor holbrooks Hol brooka appointees to office can go on tho duties respective offices and get their pay for it until the council abes fit to confirm boncy the council can and proof or incapacity to nil the offices upon the part ot mayor holbrooks appointees ea thie is democratic authority for democratic majority in the city council |