Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1853-02-23

yote-nO appointment but by VOle-|1 - ;
but by vote 1t can come to a result IN
way. And therefore it may be said, in
guage Of the charter, that an officer,
by them, is either 'selected'' or "apppnte ~
the office, and so appointments to office may
be as well by election of the City Council as by
confirmation of the Aldermen upon The nomina-
alton of the Mayor.
And in looking carefully at the language OF the
9th section, it will be that this same use and
Specification o. the word appointment is at once
there recognized and provided for. If ihe word
appointment in that section had been there intend
ed to be limited TO offices, the rig! OF hlllng
which, was exclusively vested in the Mayor and
Aldermen, the provision would have been general,
that the Mayor should have the exclusive power
of nomination in all appointments TO office. But
it is not So Instead of which, the exclusive
power is conferred, sin all cases" in which the
Mayor and Aldermen are directed 10 make APP
pointments; thus aiiording a plain implication
that they are not to make appointments in all
cases whatever; but that there are some appoint
ments which are to be made by another and DIS
tincl body. The words, hen, ''such appoint
uient in the last clause of this section, refer rot
alone to one class, but to all classes of officers
who may be appointed by competent authority.
and will embrace not only those appointed by the
Mayor and Aldermen, but those also who are
elected by the City Council.
Confirmatory of tts view, il may be considered
what the officers are, of which the Mayor and AL
dermen have the sole power of appointment
They are officers of poce,-merely Marshal,
Constables, and police officers; all other officers
receiving salaries from the City Government, are
appointed or elected by the City Council on joint
ballot in convention. IL it conceivable that the
charter should prohibit the appointment of any
of the members to these quite subordinate Off
ces, and yet leave open to their reception all 9th
ers, however numerous they may be, or however
large the salary, to be drawn from the City Treas
ury, which may be attached to them?
Upon the construction " e give 10 the provisions
and words of the charter, all the members of the
City Council are precuded from holding any Of
fee of emolument or profit, if the sahry be paya-
bic out of the City Treasury. If the general pur-
pose and design of its trainers are aiken into con-
sderaIOn, we think argument of great force
will be derived from it, in supporter the construc-
ton we have suggested.
There can be no doubt that it was a leading
object, in framing the charter, TO provide gov
eminent for the city which should be influenced
by no sinister or selfish motives With the ex-
cepton of the Mayor, it Ordainedthat the services
of the members of the City Council should be
voluntary and gratuitous. The fundamental prn..
cple OF the city charter Is that the 0tcers c0nSt
tuting its government shall receive no compensa-
ton whatever for Their services And it would
hardly be too much to say that the construction of
any part of its provisions that would contravene
this principle, must be erroneous. But unless the
ineliglbility of members Of the City Council, de-
cared by the 9th section of the charter, is held 10
extend to all officers, the salaries of which are
payable from the City Treasury, this principle
may be subverted in a manner the most danger
Gus and exceplionabe; for the City Government
undoubtedly possess the power of creating offices,
and of determining the salary and compensation
to be annexed to them; and il, in addition to that
power, they are authorized to confer those Offices
upon members of their own body, the general pro-
hibltlon against their receiving compensation for
their services, may be substantially, though in
directly avoided. 1t was to guard against abuses
OF such description, undoubtedly, that the ineli-
gbllty OF members of the City Council was enact
ed in the 9th section OF the charter.
Every consideration that has occurred 10 Us APP
pears to lead TO the same conclusion; and we
therefore unhesitatingy express our opinion, that
the election of Mr. Williams in the manner before
stated, was illegal. PLINY MERRICK.
EMORY WASHBURN.
Worcester, Feb. 81, 1858.
The resolution accompany ing the report in relation
70 City Solicitor, was laid upon the table.
The only other of public interest in The Conn
Gill; the passage the order in relation to paving;
and the passage Of az order directing the City Manhal
to take the census of the city by the rstof May next.