Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-04-15


| the act.
The last resolution of the Council will doubt not,
meettne appreciation OF the people, inasmuch asi ex
hlos praseworthy effort to obtain what their report
aud resolutions show them TO be much in want Of viz
Assistance in the construction OF the act Of 1851 But
upon this point, it is submitted in all humility, that it
| would have been more becoming in the Council to
have understood the law before they unde rook to
| pound it to Others
The great difficulty Of the Council seems to be the
| election OF a Recorder by the people. They say in
pages five and of their report, the is still more
faulty, in failing to provide how the election is be
made under the charter OF 1912, consistently with the
provisions ofthe act of 1851, for the election OF Re-
corder by the people, Under the of 1912 the
seuen persons elected from the three wards,
derman, and ten Aldermen and the residue to constitute
the council lfbecause election OF Recorder by the
people under the act of 1851 the toenty persons
are not, according to the charter of 1872 to elect a
Recorder, but are only to elect the Senior Alderman
and the ten other Aldermen then there will be a. resi-
due OF sixteen persons instead oteen, the number of
which the Council is constituted under the charter of
1872 What the trainers OF the act required this SIG
teenthman to do, or whether he to do anything, we
| cannot understand from the act"
Now take issue with the Council in the first place
upon the point, that the Council is constituted OF fif-
teen any other particular fixed number but on the
contrary by the very PROVISIONS Of the charter Of 1912
| 1t IS liable to be varied. The charter of 1912
provides for the election of nine from each ward ma
king twenty-seven in all, from which they may elect
from among hemsetnes one as Mayor, one as Recor-
/
that the Mayor be elected from among the twenty
seven there but fourteen left in the Council and one
ward necessarily loser by this operation repre-
sentative in the Council, and the equality in the repre-
sentaton the wards is thus destroyed Us we'll as the
number fifteen, of which the Council is constituted by
the charter OF said city, according to the opinion those
who put forth the report and resolutions. Ihumbly ap-
prehend that unde the present charter any ward otte
city liable to have Councilman less than the other
wards It would be no particular hardship that underh he
| proposed amendment it might have one more The
acts or lS4Z 81 according tn we'll
principles OF Interpretation be construed so as to stand
together 1t possible. and to this end the rules allow
h6erallty in the construction OF the act of 1851 sub
NIT that the operation Of the law of 1851 will be this:
that the number will be elected under the act of
io42 from each OF the wards ON these senior alderman
and ten other aldermen only will be elected under the
act OF 1872 he election of Mayor and Recorder bay-
ing been taken from them by the act of 1851 leaving
residue OF sixteen "whch resdue Thy the oflSl2)
shall constitute board which sta II be called the Coun-
| Gil OF the City of Richmond.
From the report and resolutions we are led to infer
that the Council are entirely at loss divine who ia
to conduct the election OF the twenty persons re-
qured to be elected by the of 1851 and whose cleo
ton was postponed by the of 1851 from the first
"Wednesday in April to the third Wednesday in May
City Attorney, and requested from the Attorney Cen
eral" light to enable them grope their way out the
dark abyrnths into which they have plunged, by I'M
necessary cavling and departure from those plain
rules OF construction which laid down in all eeinen-
tary works, as furnishing the of ascertainng
the legislative intention in all cases where the words
LOO not mean to volunteer my services to lead the
Council"by way they know not-make darkness light
before them, and crooked things straight" l content
myself with indulgng the hope, that they NAV obtain
the necessary information from those OF whom thew
have asked it, But do desire to call the attention Of
the people to the law itself in order show them that
It'll not obnoxious TO the objection urged against il in
this respect 1t il manifest from the different sections
OF the act Of 1851 that there is be but one election
held annually in each ward, and that to be conducted
by the superintendent appointed by the CITY omci
and that at those times and those places the qualified
voters are to elect all the officers required to be elected
by the act OF 1851 we'll the nile persons for each
ward required by the act of 1872
The third section Of the OF 1851 requires the ap
poinment of zone or more competent persons for
each ward who shall auperintend and record such cleo
ton it is provided that "as soon as the said election
shall have been completed, the said Superintendens
snail assemble, and as soon practicable notify the
Now, can there be doubt it was intended that the
snperntendents should hold the election for all those
whom they were to notify OF their election? That the
Sergeant was to have nothing do with it. is equally
clear, because he himself be elected at The same
time, and notified OF his election; aud it is hardly to be
supposed that ne was TO conduct the poll for his opm
election. Again, it to that in ascertainpg
the intention OF the Legislature the question would ma
turally arise, Why was the election Of Aldermen and
Councllmen postponed, and made to take place on the
same day the election for other officers if it was
not intended that the election of all should be one ac
Perhaps some key to the difficulties ofthe Council in
regard to this act may be found in the fact that du.
tlon most not all ofthem, who gave their sanctio ion
to the aforesaid report and utions were opposed
to the reforms demanded by the people, and recorded
their votes for the called conservative ticket Now
we all know how easy it is to persuade ourselves that
what we desire is right, and in how many instances
the wish is father to the thought"
ne entire dlslnerestedness OF the Council in giving
advice and "penturng tioo suggestions is very
manifest from the seventh page of their report where
| the following language is held:
Besides most, it not all OF us, regarding place in
the council as imposing burtherns be borne here
after bv others in stead and looking forward rather
with pleasure than otherwise TO the period when we shall
De rel loved from those buhens can have no astpn
molve to desire that any other course should be taken
IN regard to the act of 1851 than that which we be-
lleye to be most for the welfare OF the city,"
am truly sorry to learn from the above that "most
II not all OF the present members of the Council con-
template relief from the "burhens of their present no.
sltlon and "look forward rather with pleasure than
otherwse"t to the period when it shall be afforded If
by this they mean that it is their purpose not to serve
agaln candour compes to say lin regard to some of
them) that rumor speaks truly, in this determination
they have but anticipated the action of the people or
they mean that the people will reelect them 1.-The
same authority says they will not b. disappointed 1t
nu 10 De Say hoped therefore, that being SO long
meet the event with torude and bear it with christian
patience and resignation.
It is due to you. eowci,zens, and to candour to
admit that the act OF 1884, from the circumstances at
tending its passage, is not perfect ought to have
been; and do not desire to shrink from any lust re nom
sbllty attaching ONE as your representative at the
time OF Its passage; but it must be confessed the same
time, that it might, in point Of composition and every
other respect that should distinguish perfect law be-
made to take its place along side of much ofthe legis-
ation OF Virginia, and with many pages OF the new
code, without causing tine cheek Off patron to mantle
with even the slightest blush. And would respectful
y recommend to the Council, if they have any leisure
Tor the amabe employment Of their talents in critics.
ing laws that they can find expansive field for
their labor OF love in contempt atng the voluminous
work last mentioned, than in this poor little bantling
which am made to father; and as sit doth more stir
the blood to rouse lion than start hare hope they
will at once betake themselves to pointing out for the
benefit OF their constituents the many errors imperec
tons and Inconsistencies which distinguish the code of
1S49 Your obi. sery't.
tE. T. P. AUGUST.