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About St. Johns review. (Saint Johns, Or.) 1904-current | View Entire Issue (Dec. 2, 1904)
THE PROPOSED CHARTER A Draft of This Important Document Is Nearly To Be First Submitted to Legislature Following Is Hio proposed charter for llio City of St. Johns, ns far as drafted. There nro a number of sections to mid, which aro more of tho nature of technical form, than anything else. Those additions will bo printed, how ever, ns noon ns completed. Corporate! Powers, Rights and Llablll- .. ties. .Section I, This net Is hereinafter re furred to as the Charter. Existence of the Town of 8t. John Continued Corporate Name and Powers. Hoc. 2. The municipal corporation now existing and known ns the Town of Ht. Johns Khali remain and continu n liodv nolltle and corporate by th name of Ht. Johns and by Hint nnmc hIhiII Imvo ticrnetunl Hiiccesslon and may sue nnd be sued, plead nnd bo Impleaded In nil courts or justice ami In all actions, suits or proceedings whatever; may hove and use n com mon seal, and may alter the same nt measure: may purchase, or acquire by tint exercise of the right of eminent domain, receive and hold pioperty both real nnd personal, within or without said city for municipal, pur noses nnd shall hnve the right of p'w cession and control of all public parks nnd levees, buildings and properly nnd of all tracts of land belonging lo said city and oilier property which has been or may be hermfler dedicated or In any manner whatsoever obtained for public purposes of said rlly, nnd may lease, sell or dispose of the same for Hie benelll of the city; may receive beiiiiHils, girls nnd donations or nil hinds of property In fee simple, In trust or otherwise, for rharllabbi and other purposes, and may do nil acts iii't'inwwry lo carry (Hit Hie purpose of Mild glf's, bcquosls and donations, with power lo miiiiNd", sell, lenso or olhwwlse dlmmst of the Mime In tie cordHiieo with llm terms of the gift, binpiiMt or trust, or absolutely, In ease Himh (tlfl, beuest or trust be tiiicou dlllonal. Grant of General Q0vernment.1l Pow ers. Hen. :t. The City of HI. Johns shall be Invented within Its limits with au thorlly lo perform nil public services nnd with nil Kovcrnmculnl powers ex cepl stub ns are expressly conferred by law upon other public corporations mid subject lo the limitations pre scribed by the cousliltillen ami laws of the slate, except ns otherwise pro vlded In this charier. Property Hindu of the City. nee. I. The Clly of Ht. Johns shnll eonllmie, under this charter, lo have, bold nmt enjoy nil properly, rlnhts of piopetly anil tights of anion of every naluie anil description of the miinlcl pullly now existing ami Known as Dm Town of Ht. Johns, nnd Is hereby de ntil red lo be the Htuei-wxir of the same Liability Under Previous Contracts. Hoc. f. All contracts of every de scription heretofore duly nnd legally made ami entered lulo by the wild Town of HI. Johns tdinll remain valid mid b eluding upon this municipality lo the extent only thai they lire now valid and binding upon said Town of HI. Jehus. New Ward. Hee. n. Whenever It has been shown by the last Federal census .ias liven taken that Hie population of Ht. Johns has Increased hi Hint (here tire mere Hum three ihnuiMml population In nny out ward, the council shall have the power nnd nulhorltv lo redlslrlrl the clly Into wards and lo create ad dlllonal wards Huch wards must be made as nearly equal In populnlleu end as HconrHphtcHllv couiwet as possible Provided, that the number of ward shall inner be more than seven, nor shall any ordinance itHlidrld Hie clly Into wards. Inl.e effect wllhln sit months preceding an election held In the city for city, county, district 01 state officer. Power and Authority Where Vetted. Hec. l The powc and iiulhorlii given lo the muiddpnl corportilloii of the Clly of Ht. Jnlint Is vetoed in n mayor, council, nnd surh other oltlce-t us are provided by iih charter nnd their succcsvorit In olllce to be exer cised In the maimer hereinafter pro scribed. Officers and Elections. Hee. Ill The oltlcers of the City of Ht. Jehus shall be- A mayor; 11 coun cil coiiMlstlng of two couucllinen from 1 arh wurd. until such lime iih the limn her of wards Is increased nnd there after, one councilman from each ward and the remaining number of eight councllmcii shall be elected at lame rrom me entire clly: n : iccorder, who shall be ex olllclo. eleik of the council, auditor of accounts, and Judge (1 ine municipal omit, n clt trees urer and 11 clly alloruey; a clly en glueer, and such police officers and tire deiurtment oltlcers and oilier hoards nnd oillrers as may bo provided for by ordinance Deputies Authorised by Ordinance, Hoc. II. The council shall have pow er. by ordinance pasted by a three fourth vote of the whole rlty council, to mithnrlto the appointment of regu lar or temporary deputy or assistant oltlcers mid clerkH, who shall have such powers, and receive such coiupcn. nation, us the city council tdiull, by Complete. the People and Then to the of Oregon. ordinance, prescribe; provided, how over, such compensation shall not In nny enso exceed onu thousand dollnrH pur annum. After Hiich nuthorlzatlon tho heads of dcpnrtmentH Nhnll appoint their said deputies, assistant officers nnd clerks, and shall be held resiiotiBlblc for their nets upon their official bonds. All such deputies, nssistnnts nnd clerks, referred to In this section, shall hold ohico nt tho plensuru of tho op pointing power. Compensation Authorized. Hoc. 12. No olllce shall bo created. nor shall nny person be employed In nny capacity, nor shall any officer, clerk or employe, receive nny snlory or compensation for nny service of nny kind, unless (ho same Is specially provided for or authorized by law or this charter. Officers Elected by City nt Large. Hee. in. The following oltlcers shnll he elected hy the electors of tho City of Ht. Johns nt large: Tho tnnyor, HA) city recorder, the clly tronsuror, the city rittorney, tho councllmen nt Inrge, Offlcero Eleeted by Wards. Hec. H. Tho following ofllcers shall lie elected by tho electors of the re spectlvo wnrds; the members of tho council representing wards. Appointed Officers. Hee. 10. Tho following ofllcers of tho f'llv of Ht, .ma shnll ho unpointed The clly engineer, all flro department ofllcers and employes, police ofllcers nml such oilier oltlcers ns inny bo cre ated by ordlnnnco under Hie chnrlcr nml such officers shall lie nominated by the mayor 11 ml with the consent of n majority of tho council In regular session appointed. Nominations by Mayor When Council Falls to Approve. round! shall refuse lo confirm the first nomination of Hie minor for nny appointive olllce, then me mayor slum, within one week! ll...t.Mfl.,. ..,... I.. i.l. . iii.nllii.w a......... I.. Illl I lie Mime o Hire, ir llm comic 1 shrill I refuse to conllrm the wcond iiomlnn- Ion of the mayor for nny nppolntlvo olllce, then the inavor shall, within one! week Ihereafler, iiomltmle imotlier per- son to Illl Ihe same office. If the 1 ell .hull n.riiMi. in 1...MIIM.1 it... n.ir.1 I.I.I.I. Inntloii mi made, then the mayor shall appoint such officer without the con sent or conllriimtlnii of the council provided, thai Ihe person so appointed shall not be one of those theretofore iicetd. Council .to Act .on Nominations of Mayor When. Hee 1 1. Final action on nny nomlnn Ion made by the mayor shall be taken hy llm council not later than Hie see oud regular meeting after submission of Hie same by the minor to the conn II. nml failure by tho council to ml." such union on any nomination so made, wllhln the time aforesaid, shall 10 deemed to be consent thereto on the part of the council. Officers to Mold Olfices Until Succes sora Aro Elected and Qualified Officers. Hec. IN. Kvory elective officer, nnd very nppolntlve officer shall hold of- lice until his siiccest-or Is elected mid lunlllled, except us otherwise In Hits barter provided. Terms of Appolntlvo Officers. Hee 111. 'ihe term of olllce or every Hppolnllve officer of Ihe clly, excepting iimwo wiioko terms nro specltlcnlly set forth elsewhere In this charter, nnd xcopthiK (hone oltlcers subject lo civil wrvlce. shall expire with the term of he major appointing them. Qualifications of Officers. Hee jo All elective nnd appointive Ulcers or the city Miall possess Ihe fol lowing iiuallllciilloiis: They shall be It Mens of the railed Hliiles mid of the City of HI. Johns, nml electors herein, nnd have such other titialltlcti Ions iih ,iro proscribed l.i Hits charier, .verv such officer, unless otherwise provided In this charter, shall have hen 11 resident of the Hlate of Oregon ror m icnsi rour years, mid of the C tv st Johns for nt lean! three years next previous to his election or tip- lolnliuent. mid shnll be able lo read and write Ihe KiikIIsIi language. No one shall lie ojigihjo in nny office who shall be Interested, directly or liutl- eclly. In nny contract with the city, 'lllier for work to be oorformo.l or material lo be furnished. No person shall be eligible or shall hold nny of. nee, who shall imvo been, or shall be, onvincti or mntrensniice In office. rinerv. or outer amnions er me. hv the Judmiicnt of nny court of compe tent lurUdlctlon. No nerson shnll hn imien 10 iiom me office or ellv treas urer more iiinu two terms In siicces slon. Oaths of Officers. Hec ;i Hvory officer of Ihe clly be- ior. ei.iermg upon the ilutles of his office tdull within twenty days after hit ebvllon or nppolnlmenl, lake nnd HiiliM-rlh hii oath or affirmation, be fore luvme peron ntithnrlicd to ndmln Uier ihs. that he possesses all of the ipiallilentlonH prescribed for his office by this charter, thai ho will sup port Ihe constitution nnd laws of the United. States, and of (he State of Oregon, nnd llio charier nnd ordl nances of Ihe City of Bt. Johns; ihnt he I not Interested directly or indi rectly In any contract with thn -ik- or with or for nny department, liiHtltu- ST. JOHNS REVIEW Hon, board, bureau, offlcc, agent or employe thereof for tho use of the city, or will become security for the performance of nny contract, which oath shall bo filed with tho city re corder, except the oath of tho city recorder, which shall be filed with tho mayor. Bonds of Officers. Sec. 22. Kvery officer of this city, when so required by law or ordinance, or under the provisions of this charter, nhnll. heforo entering upon tho duties of his olllce, nnd within twenty dnys nfter the council declares tho result of tho election, or within twenty days nfier his anno ntment. and uoMro en inrlnc niion the duties of his office, nvecutn n bond to tho city, with good nnd sufficient sureties, cither personal or surety company, In such penal sum ns shall bo required hy tins dinner, or by nny ordlnnnco or resolution of tho council, or otherwise conditioned for 1110 faithful nerformnnco of his duties, nnd Hint ho will pny over nil moneys belonging to tho city, received bv 1 m. nB provided by law or uy or dlnnnco of this city. IteaBonnblo fees for surety bonds may bo paid by the city. vacancies In Office. Hee. 23. An office becomes vacant upon tho death; resignation of tho In cumbent; removal from omcoj upon the fnllnro of any person elected or nppolntod to nuniiiV or to enter upon his dudes within the time limited by the charter; nbsenco from the city for thirty dnys without tho consent of tho council; open neglect or refusal lo ills charge his duties; upon nn ndjudlca Hon of Insanity bv a court of compe tent Jurisdiction: by tho habitual Hue of Intoxicating liquors to excess; or hy nny permanent dlsnhllity prevent' Ing the propor discharge of his duties. The ofTlco of councilman shnll nlso become vacant upon his rcmovnl from tho wnrd from which ho was elected. Vacancies In Office How Filled. Hec. 21. When a vnenncy occurs In nny clpctivo office, tho council shall, nt lis next regular meeting proceed o elect hy ballot, n person to fill such vnenncy, who shall possess the quali fications of the original Incumbent; provided, Hint If such vacancy shnll not bo filled within tho time above lim ited, tho council idinll meet nnd bal lot nt least once- each day until such nenney shnll Imvo been filled, Per- mips so elected to fill vacancies In lectlve offices shnll hold tho same dnr- iig Hie remnlnder of tho unexpired erins. Persons elected lo fill vnenn lei shall nunllfy wllhln the same time after their election, nnd in the "" "' electiil for tho full term. 0 "J P!n!. .. .... ..... . I AMI ' ' " ' . n. 1 '. .. """ i-e". ' "'V'M0! . f xcei-l thirty dnys, but ho shall, nt llio time of such suspension, llio with fTie the clly recorder n written stnlemoni of liln reason therefor. Ho tuny til nny lime during suclf, suspension llio with the city recorder' notice of his Inten tion lo remove Ihe officer so suspend ed; nnd tinlss tho council shall, nt the next regular meeting therenfler, hy n vole of two thirds of the members thereof, declare against such removal, the mayor may romovu the officer ties taunted In such notice, but the provis ions of this seel Ion shall not apply to officers subject to Ihe civil service. Vacancies Appointive Officers Mow Filled. Hee. 2fi. Whenever tho tnnyor shnll remove nny nppolntlvo officer, the va cancy for the unexpired term shall bo filled hy appointment In the same man ner ns In the case of nu original ap pointment. Suspension of .Offlcero Other .Than Council, Fee. 27. Any elective officer, oilier than a member of the council, may bo suspended by llio mayor, and removed for cniino by the council, as hereinafter provided, and llio mayor shall tempo rarily 111! the vacancy, except 11s here inafter provided, Inability or willful failure of any elective officer properly to perform hU duties, or the commis sion hy him of 11 crime or mUdemenuor liivohliiK moral turpitude, shall com.ll lute such cause for removal. The council only shnll have power to sus pend or remove n member of thai body, Duties of Mayor Upon Suspension of Elective Officers. Hec. ss. Whenever the mayor shall suspend any elective officer, he shall Immediately notify the council of such Miipoiiflou, nnd the c.tuse Hicicof, and 1 hall forthwith call n meeting of llio council, nt which ho shall present chargo against such suspended officor. The licensed shall bo furnished with t copy of llio charges, nnd shall Imvo he right to appear with counsel and make his defense. Tho council shall speedily try such officer on such rhnrge, nnd for Hint purpose shnll tinvs power io nujourn from tlmo to lime un til the trial shall bo comploted, to summon nnd compel tho presence of wltnetses. to hear their testimony, to receive tneir evidence, nnd to hear the argument of counsel, In enso of the suspension of n member of (no council, by that body, tho member so suspended shnll bo tried In like ninn iter ns horeln provided for tho trial or officers suspended by tho mayor, ex cepi uini win ennrges tnny no pre ferred by nny elector or member of the council. In either case, llio mayor snail preside nt such tr at. and In his RlHonctf or disability, tho council shall elect n presiding officer. If two-thirds ' tne nvmners of llio council shall, by resolution, 11 nu uio accused pillty, then the suspended, officer shall there by be removed from office. The suc cessor of nny officer so removal if elected by tho council, shall bo chosen from Ihe nmo polltlcnl parly ns tho officer removed. Incumbents of Office When This Char- ter Takes Effect. Sec. 29. Hvory person holding olTlco In tho Town of St. Johni? nt the tlmo 11, tu riinrior shnll take effect shall con tinue to hold said ofllco until tho llrst day of July next following 1110 nrsi city election held nfter tho Ink ng er i nf llilo rtmrter nnd until Ills SUC cessor Is elected and qualified ns Is prescribed by this ciiatior. ei. Minn Laws Qovernlnn. Hec. 30. All tho Inws of thin stntc regulating and governing general erec tions nnd primary elections nnd pro ceedings nnd matters incldcntnl or re lating thereto or connected therewith shnll npply to nnd govern elections under this charter, except that all the powers conferred nnd devolved uy saiu laws upon the county court nro hereby conferred and devolved upon the coun cil, and all powers conferred nnd func tions devolved upon the county clerki nro hereby conferred nnd devolved upon tho city recorder, nnd nil powers and functions devolved upon tho slier nro hereby conferred nnd developed upon the chief of police, If thcro bo one, nnd If thero bo no chief of po lice, then said powers and functions nre hereby conferred nnd evolved upon tho city recorder, except ns hore ln otherwise provided, nnd except that the ofllcers to bo elected at city elec tions shnn bo ns elsewhere declared In this chnrter; that tho terms county officers, electors of the county nnd tho like, where found In said election town, shall bo held to Include city officers, electors of tho city nnd tho like; that thn oxnenso of ellv elections nnd nil proceedings connected therewith shall be provided for nnd paid by tho coun cil; that the city recorder shall pre pare nil tally sheets, poll books nnd other mntlers nnd things required by raid Inws to be prepared nnd furnished )v the secretnry of state; (hat when ever tho canvass of votes for any city offi.cn suall show that two candidates have received nn canal nnd tho high est number of votes for such office, the clly recorder shnll proceed lo deter mine bv lot which of said persons shnll bo declared duly elected, In tho man ner provided by the Inws of Oregon, for tho nctlon of county clerks. Same; Judges and Clerks How Chosen. Hec. 31. Snld laws regulating nnd governing general elections shall be deemed to Include tho net of ...e legis lative nssombly of tho Stnto of Oro pon, approved February in, 1891, fix Ing the tlmo for holding elections; rcKiilalliiu the milliner of conducting olccllons; prescribing tho tnnnner of mnklng noniluntlons of candidates; providing for the printing nnd distri bution or ballots hy public officers nt nubile expense, et cotorn, nnd ns nny of snld laws nro now nnd herenftor amended. Hut the council shnll not crento now election precincts, hut shall ndopt the precinct boundaries last previously established by tho county court. Judges nnd clerks of election to Mrvo nl city elections nnd primaries shnll be chosen by the council nt Kit first meeting in jnnunry of encli year In which it clly election Is to bo held. Special Elections How Called. Hec, 32. A special election shnll take place not loss than thirty days nfter the passage of nn ordlnnnco calling the snme. Huch ordlnnnco shall set forth Ihe purposes for which such spsclal election tuny be culled nnd tho pniposlilnn to he voted on and tho dnv on which such election shnll bo held. Whenover nny question Is to bo sub mitted lo the electors of tho clly, nnd Ihe method of such submission Is not specifically provided by this charter, or by general law, tho same may bo submitted nt cither n general or n speclnl election, nnd tho inolhod of ruhmlsMnn shall bo the same ns pro vlded In Hits charter for general or special elections, ns tho enso may bo. nerjlstratlon of Voters. Hee. 33, The provisions of nn net entitled "An net to provide for tho registration of electors, regulating tho mnunor of conducting elections, pro viding for the prevention of nnd pun ishment for frauds effecting the suf frage nnd to prevont lllegnl voting," approved Februnry 17, 1S99, shall ap ply to elections hold under this chnr ter, except ns horeln otherwise pro vlded. No person who has registered for tho preceding rounty election, nnd has not changed Ills residence need register ngnln for n city election. Tho county clerk shall keep open tho regis tratlon books, lists, etc., for n period of flfteon days Immediately before llio Kit., day of April next preceding tho clly election nnd during such tlmo shnll register nil persons who since the registration books wero last closed hnve become eligible to vote at such elections, or who, being entitled to vote, havo failed to register, nnd shall enter changes of residences occurring since the last registration of nil per sons who shall npply therefor. Such clerk shnll sond to tho suveral pro ducts, tho precinct resistor thus cor reeled, ns provided by said net, nnd the enmo shnll bo used by tho Judges nnd clerks nt such election as pro vided In Bald net. Expenses of Registration Paid by City. dcc. Ji 1 no county court or .Mult nomnh County, Oregon, shall causo nn Itemized statement of tho nctuai mi. dlllonal cost of said county caused In each year In which n general city elec tion Is held under this charter In- th opening, preparation nnd uso of said registration lists and nrcnnrntlnn nf ballots ns herein prescribed nnd by mat- uts in connection tticrowitli to bo pre pared nnd filed with tho cit- rix-nr.w of the City of St. Johns. Tho council mm nppropriato mo amount named In such stntement or such nihor amount n3 It may determine to be such true actual nddltlonal cost, and tho same shnll bo paid to said County of Multnomah In reimbursement cost. Dates of Elections. Sec. 35. Tho datpR flroil In oni.i i. Hon laws nro horoby changed as far ns they rclato to said city elections nnd tho dates prescribed In this char' ter shall bo substituted for nnd take tho placo of tho dates sot forth In said election laws. Notice of Election to be Published. Sec. 30. The city recordor under hj direction of tho council shall give ten days' notice by publication In the city official nowspaper of ench general city election, tho officers to bo elected at tho same, nnd tho plnco or places In each ward designated foi holding the election therein. Qualifications of Voters. Sec. 37. No porson Is qunllflcd to voto nt nn election hold under this net who has not been n resident of tho city for six months nnd of tho wnrd or precinct In which ho offers to voto for thirty days noxt preceding such election and who does not pos. scs.t tho qualifications of n legal voter of the Stntc of Oregon. Canvns9 of Votes. Sic. 3S. On the fourth day nfter nn election, or sooner If tho returns from nil the wards nro In, tho city recorder shnll call to his nsslstnnco tho county clerk of tho County of Mtiltnomnh, rfnd n jnstlco of tho penco, resident In .Multnomah County, nnd tho three shnll then canvass the returns of tho elec tion. Statement of Canvass to Be Filed. Sec. 39. A written stntement of thn cnnvnss shall bo mado nnd signed by the canvassers, or n innjorlty of them, nnd filed with tho city recorder, within 1110 111110 appointed to complete tho cativnHs. Such writing must contnln n stntement of tho wholo number of the votos cast nt such election, nnd tho number given for nny porson for nny office nnd tho iinmes of tho per sons elected, nnd to whnt ofllco, nnd nlso tho number of votes for or nirnlnst any proposition submitted to tho peo ple. Certificate of Election. , Sec. 10. Immediately nfter tho com pletion of tho cnnvnss tho city re cordcr must mnko nnd sign n certifi cate of election for ench porson de termined by such cnnvnBs to bo elect ed nml dollvcr tho snmo to him on do mnnd. Certificate Primary Evidence Con tested Elections of Mayor or Councilman. Sec. II. A certificate of election Is primary evidence of tho facts therein mated, but the council Is tho judge of tho qualifications nnd election of mayor nnd of Its own members; nnd In ense of n contest between two por tions rlnlmlng lo bo elected thereto, mutt determine llio snmo, subject, However, to the review of nny court of competent Jurisdiction. Contested Elections of Other Officers. Hee, 12. A contested election for nny office, otner than that, of mnyor or councilman, must bo determined ac cording to the law of this stnto regu lating proceedings Ir. contested elec tions for county officers. Term of Olfices Under This Charter Oath nnd Undertaking. , Sec. 13. The term of office of ovory person elected to tho office undor thin net shall begin on tho first day of July next nfter tho election nnd end on tho Inst dny of June, except an otherwise provided In this chnrter, nnd heforo the beginning of his term of ofllco such person must qu.illly there for hy Inking nnd tiling tho oath of olllce nnd giving such official under tnU'iig for tho faithful performance of Ills duties ns tuny bo required, or ho fliull bo deemed to have declined nnd Hie office shnll be considered vacant. Salaries. Hec. II. All elective offices provided by this charier shall receive tho fol lowing annual salaries: Tho mnyor City recordor City treasurer City attorney Kneh councilman A deduction of threo dollars for each nbsenco shall bo mado from tho salary of each member of llio city council who shall bo nbscnt from nny loitular meeting of tho council. Tho salaries of tho various officers of the city shall bo paid monthly, nnd rlmll he In full payment for nil ser vices rendered by them. No officer hall recolvo nny extra compensation for nny additional services Imposed ipnn nlin during his torm of ofllco. Tho salary of nny officor shnll not bo Increaaed or diminished after his elec tion or appointment, or during Tils term of ofllco, For tho purpose of con struing this section, ench year's, ser vice uf nny officer or appointee, whon computed from tho first dny of tho year, shall bo considered n torm. Tho council shnll tlx. by ordlnnnco, tho annual salaries of all other officors nnd employes provided by this char ier, or or nny empioyo that may bo cm nted by ordinance. Civil Service. Sec. 15. Tho mayor, city recordor und city attorney shall constltuto a civil sorvlco board for tho purpoao of passing upon tho qualifications of all persons applying for positions In thn public sen-Ice of llio City of 8t. Johns. NO person. OXCent Clcctlvn nfflcnrfl shall bo employed In nny capacity by tho city until passed upon by said board. TIlO nuilincatlnna rt Inl.nrnra shnll bo that thoy nro physically strong and snail bo qualified votors of stato nnd residents of St. Johns for not lrtsrf than six months Immediately preced ing tho tlmo of nnnlvl IlL' for nnalllnn.il- Tho samo qualifications as regards citizenship and resldenco shall apply to nil positions In tho cliv. All nor- foiib employed must be ntdn tn ut ami write tho Ungllsh language. Tho uiorcsain noard will conduct a writ ten oxamlnntlon from tlmo to tlmo as they may determine, but at least ono examination every six months, for nil applications for positions other than laborers or mechanics. Such examina tions must bo open nnd competltlTO, Every application for any position must bo mado In writing and the