Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1856-09-19

OF things there must be large discretion In each. II
was certainly not the intention Of the charter that the
rejection Of nominee should be absolutely final and
Conclusive Of his unitness for the PLACES or that il
| should at once compel the Mayor, who MAY be per-
fecty satisfied of his superior fitness 70 refrain from
re-appointing him temporarily, until he can either
select person of equal qualifications or remove the
/ objections to the original nominee
Having thus laid before you the reasons upon
which my conclusions are based. proceed now 10
answer thespecifc "tinterro3a .ories" submitted
| l. The first "nterrogatory" calls upon me Tor the
legal definition OF an officer of the Corporation y
TO this might reasonably object as nothing Is more
difficult in my profession than TO construct dennl-
ton of abstract legal idea composed OF number
of elements regret that the cases referred 10 were
not specified. Nevertheless, with great diidence, /
/ submit the following
An officer of this Corporation is one who is law
fully charged with the authority and duty to execute
the laws of the Corporation in any department there
| Of; II being understood that such authority and
duty are in their nature permanent and general as
contradistnguished from the authority and duty OF
a mere contractor, servant, or laborer engaged by
i agreement for a particular work or service.
| To the second "interrogatory" l reply:
That the charter contemplated one or more dis
tinc stated sessions in the year. TO be continued by
adournments until the close of such session or SEES
| sions respectively. That the number of these ses-
sions was left to the discretion of the Corporation,
TO be prescribed by ordinance That the act of 1882
(re-enacted June 3, 1859 makes in addition to the
| second Monday IN June, eacn ana every I,
from the fourth Monday in June to the last Monday
in May, inclusive, the beginning of distinct stated
session. That there is a recess between stated SEES
sions, whenever the Board adourns leaving the time
of its re assembling TO be as prescribed by law -
| That the appointments mi de by the Mayor during
such recess endure until the next following recess
when, in the recess, the offices become vacant That
| the Mayor is not bound by the charter to nominate
to the Board to fill such vacancies any vacancies,
at the first session of the Board after the same shall
have occurred may, in the just exercise of sound
discretion and in good faith continue to reappont
temporarily, as he at first appointed temporarily,
| until he can find such nominee will be equally
acceptable to himself and to the Board since neither
has the power to compel the other to nominate to
confirm, Gas the case may beD each being wholly in
dependent of the other and having distinct duty TO
perform. That when such re-appointments have
been made by the Mayor the Offices are not vacant,
but are lawfully filed by the appointees.
To the third "interrogatory' reply:
| That such reappointments, after rejection, are
within the legal competency of the Mayor as herein
before explained; and that of consequence, this Cor
poration is bound for the payment to the ncumbents
respectively of the salaries attached by law to their
respective offices, and that the same can be recov-
cred by actions at law, with interest and costs.
To the fourth al errogatory" reply
That nomination by the Mayor does not entitle
the person nominated to the salary affixed to the
office. Nomination Is one thing and appoiainaeat is
| another and very different thing. valid legal APP
pointment alone entities the officer 10 his salary, for
it is only by appointment that he becomes officer
If he be lawfully appointed in the recess, have
seen that his subsequent nomination and confrma-
ton do not terminate his appointment. The nomi-
nation is simply suggestion for the permanent APP
pontment when this is consented to, it remains for
the Mayor to make the appointment and it is entirely
within his discretion not to make it, although his
nomination have been confirmed
4 have the honor to be, sir your most ohedient
servant, j. NJ CARLISLE,
Attorney of the Corporation of Washin gton.
To the PRESIDENT of the Board of Aldermen.
| Copy of the Resolution of the Board of Alder
| .... s.... men.
In BoAnp OF ALDERMEN, August IS, 1856
Whereas, by the third section of the charter of
1920 the Mayor is authorized to "nominate, and,
with the consent of the Board of Aldermen, appoint
to all offices under the Corporation" and whereas
the Mayor of the city retains in Office persons from
the appointment of which the consent of the Board
of Aldermen has been withheld, and weeks have
elapsed since that consent was refused, and re-
nomination of several of those persons whose ap
pointment the Board of Aldermen declined to econ
sent" has not been made; therefore
ResoIoed That the Secretary of this Board be di-
rected to request the Attorney of the Corporation to
communicate to this Board at his earliest convent
ence his opinion, in writing, in answer to the follow
ing interrogatores:
is What constitutes m officer of the Corporationp
I'd. The Mayor being authorized to appoint per-
to fill up all vacancies which may occur during
the recess of the Board of Aldermen, to hold such
appointments until the end of the then ensuing SEES
each Monday after the fourth Monday in June
| nually, authorized by law of the Corporation, con-
sttue recess in the sense in which it is employed
in the charter? and, If So does not any office which
may be filled by the appointment of the Mayor, du-
ring such recess until the end of the then ensuing
session" become vacant unless such appointee shall
be nominated to the Board of Aldermen Y at the then
ensuing session ?" and if the office thus become va
can't it again be filed without the consent of the
Board of Aldermen?
3d. In the event of nomination by the Mayor and
the rejection of the same by the Board of Aldermen,
and repetition of the same from week to week. is
the Corporation bound for the payment of the salary
to said nomination.
4th. Does nomination by the Mayor entite any
person to the salary affixed to the office to which he
may be nominated?
Attest; E. j. MIDDLETON,
Secretary Board of Aldermen.
Mr.. Moore, on leave, introduced bill entitled
An act to revive and continue in force An act
to grade and gravel street north, between Second
street west and North Capitol street," which was
read twice and referred to the Committee on I'M
provements
Mr. Smith, on leave, submitted the following
resolution, which was read and adopted, viz;
Resolced, That from the first Monday in October
next this Board meet from day to day until all the
business on the Presidents table be disposed Of
Mr., Dove, on leave, introduced bill entitled
An act making an appropriation for grading and
travelling street NORTH from Connecticut to Yer
mont avenue, and for other purposes )" which was
read three times and passed.
On motion of Mr.. Pearson, the Board proceeded
to the consideration of the bill entitled AN act
authorizing the changing OF the grade of Water