| Show I Afa or Vetoes te foes Tile Th e Resolution R es o lu lion eurs ns Thai by b Councilman Eardley Bardl Without ills His is Ap up If Ibe ic Idea Thai That Capi is Ran Rah mg Officer of Illa Ic Police Polia Department and ald Says Sats tip JI is Null Nul Void and ald Absolutely of No Effect H H Hat i H Il salt at Lake City Utah II April 1st 1903 1003 r t President pre Honorable the TO 1 Members of or the cRy City f ft 1 I and Bait Bal Uke Ile City Utah return ir SS k 1 t herewith Councilman lh 1 t No O 46 4 by Sr instructing the tho city y EardlY communicate with vItti T T Si erder to 10 captain of po 10 poM poi 1 1 Without approval M etc ete withoUt my rn m I i i reasons I fr rt the e council of oC SnIt Salt I Th h city counci flut Firt clY II J Lipe e eh CItY of 01 cur Is I municiPal the le go O OI 4 r I nod It hl lus no exec I It rhe sub suh x t pow r er I 1 ut In the I T 1 tho ot of the tho T 1 II yond T T city frond I Is nul null 1 Te of no I Wl Told ta and nd absolutely I nm am j t T Vety tY EiA TIO ThOMPSON i la Mayor or I IH H HI HH H and positive man manItu mantel mant polite Is the above pole I Informed today Itu tel t U r r council tI that It has baa nothing t cW cIty counci c I tl to say nax ay as ns to who U b I the head headd and that Ita s Itt department d f tie te e police pollee Ilce aed on n night de dc ruton Capt to be bo tho the rank nu au nug of that department I K officer the theof thel g him as aR a such to approve of ot the thO department other othur l alume time control Is beyond be ond the tho Jur jurL L of the council counci and absolutely till lI aDd a void old oldo nl vetoed the tho o that the mayor has ha the question Is whether or ort I It t the faction can en secure te votee necessary to pass It over oer overhead head It Is an assured fact ii tt m an effort efort would provo prove fruit atter lor a vote ote on the mutter mater would re reat ret tt at t Jut Jit Jul same Bame as os on the original M ae of the resolution namely 8 to tot II t lie Ite e next question Queston to be considered which the contention probably wise arise l e at the council counci meet fe lo o Monday night night In le whether or not notte notI note te e It ii I anything involved In the res tn n which would require tho the may 4 Il approval pral or disapproval d ISI I hill probability the men ment menY V t Y that there ther Is la nothing In l which requires It to even U to the mayor on aR It con can coni i 1 no CO n lon for on an aT expenditure rr Therefore the tho mayors veto eto rl t entirety entirely On the tho other the Shuts faction contends nc ftc facton tn to 10 oan an n oi o i ion on rendered by City l Ne e today In la relation to the theIr aler ter Ir th that t the resolution r 1 the removal of or the present chief r and empowering em a the he duties dutes of that once and anti int J ft require the concurrence of the time l the tho resolution to tort rt e f e jw i II r uv Recorder BC so f 1 an n opInion from Oily Ator Attorn STe I i h ti 1 r or not nt the rl o mm Mr d the approval or p 11 t i f iv w 11 t f executive Ix The f Tho 2 hob hIs Is that Hut Ih resolution should P ra tej to the tie mayor maor for his ap op opt r or dl Jr V nl at nl not It ItIn t et In an turo of ot money mony Ion but a I pr l Jy ny Involves the time re II I r if lp t 1 t thief of police i I ie e I y t holds was wn WI Ie Ic T T AT n irs S OPINION oPINio al opinion on that tr T follows t folo 0 JI OWa in n full tul t 1 April Apri I 1 1903 City I ity City rear Dear Sir Replying to your verbal t for un on opinion as ns to wh or Ot not time the resolution adopted by the th thell ell council counci on al Monday March 30 iO In 11 of John I n 13 captain the tiu th police to certify nIl all ul payrolls pIros unit und vouchers In the time police pollee department etc ete U I I U resolution or log the tho th of money fa I I I tho the of or section s of Ir Irth tir th Ii Revised statutes and as re requires requires requires quires the tho of ot the time mayor mayot be before before fore It I can become operative permit me mi to pay fay the Jhc statute make malro a 1 well 11 defined elis s between contracts Mid mhd 11 propositions Involving the time expenditure expenditure lure of ot money direct aa an al a I necessary Pint of such contract resolution or and other and un Indirectly tho the ex ox 0 of ofel city moneys without ac nr on o n or or N II creating nn on 11 original liability to pay 1101 UI Oil tho the part of the tho municipality In 11 InUI my r UI opinion It I cannot be tie b said that th time under unter a n liability against the tho city el or Involves the timi I expenditure of ot money mane simply be bt because cause nu e it I is s an In attempted direction to ton toa Q n city to do 10 a n certain Oct net In connection with wih the pay ay roll rol of a n department de which pay pa roll rol Is 1 i of necessity a means to 10 time the ultimate end cud Id of the tile payment of oC certain city cl of or and d hence connected with 11 nn no ni ex ox of money mone Time The original un la lat lilly t Ily against n the tho city cl anti nd the time proposition proposition tion tO Involving nn an In expenditure of ot money mony muon UR posed passed upon when the ordinance c the police pollo department way wn d and ld the salaries of ot the time mind and InH mill fixed Int My M conclusion Is therefore that thi r dots ds not need to 10 be bo present presented ed cd d to the th mayor for tor hla Imis hi approval as ns a 1 resolution involving the expenditure of mooney money or a liability t thi th city There mere Is In my n opinion an nn another another other oth r view tn bet of at this resolution tion ten which Imich s makes the time approval of tip Ih mayor before It can cal become operative 0 r tO tOn On n March 2 the time concurrent notion action t r time the mayor maor and a majority of or tho tho tim city cly council appointed George A nn as I chlof of or police polke His oath of ot tlc und anti approved bond hond have been heen flied Hied led In your OUI He lie le Is In tn of or the department and Is In iii II my opinion unquestionably time the head of oft thc t deportment department It Is ts true that some sumac Is Id up made madu aim att to 10 the time le Ie legality all of oC his bin appointment but nt the tho fact remains that until the time question queston Is pars pann panned papi ed upon by t court of o competent juris jurisdiction diction dicton to him Mr Ir fl Is H the tho head of lr the department l nt Time The resolution under consideration n cites contrary to time the fact that there Is now noss IW no qualified chief chie of or the tho tw pIr department and after certain otter recitals you OU to notify noty timi hc captain c of oC police that he ht Il Is II for Cor the limo th department and Is I In the head hrad of the tho di d and ant sl sign n the payrolls vouch vouchers ers etc This resolution Is therefore na 11 attempted removal of ot time the f of ot police by attempting to tike take away from him anti and vest velt In a subordinate certain of nf the powers fowers and nO dutes or the thi th chief clief of police If I this thin could be 1 ap no b the time city I It council without th concurrence of the time mayor m that pro iro Won I ion of ot Chapter 33 S of or I he the Laws of lt IJ requiring concurrent Re mac r tin of the council and mayor maor would ole Inoperative mind and nf ot no effect frt foot Clearly such u i attempted notion action acton mutt inuit 1 Ie time the approval of at the mayor m or before It I can become operative Finally In my m opinion thir resolution re must bo submitted to the mayor not because l It the time expenditure of or money but because It I practically In Involves involves ohe the removal of the present chief of or police Very Yeo respectfully I L NY City Cf Attorney |
