Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-09-22
EV ENING STAR.
LOCAL INTELLIGENCE.

AOOhA xN xGx&AXUGNCGs
OPINION OF THE CORPORATION ATTORNEY
1t will be remembered that the Board of Al
dermen at its meeting Of the 18th of August,
passed the following resolution
" Whereas, by the third section of the char
ter Of 1920, the Mayor is authorised to s'nomi.
nate, 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 ONCE persons from the appoint
ment of which the consent Of the Board of
Aldermen has been withheld, and weeks have
elapsed since that consent was refused, and
denomination of several of those persons to
whose appointment the Board of Aldermen
declined to consent has not been made !:
therefore
Rssoivsd, That the Secretary of this Board
be directed to request the Attorney of the
Corporation to communicate to this Board,
at his earliest convenience, his opinion, in
writing, in answer to the following interroga-
tories:
LIST What constitutes an officer Of the Cor
poration2
I'd. The Mayor being authorized "to ap-
point persons to fill mp vacancies which may
occur during the recess of the Board of Al
dermen, to hold such appointments until the
end Of the then ensuing session." does the
interval between the regular meetings on each
Monday, after the fourth Monday in June
annually, authorised by law of the Corpo-
ration, constitute a recess In the sense in
which il is employed In the charter? and, if
so, does not any Office which may be filed by
the appointment of the Mayor, during such
recess, until the end of the then ensuing
session, become vacant unless such appointee
shall be nominated to the Board of Aldermen
/" at the then ensuing session z" and if the
Office thus become vacant, can it again be
filled without the consent of the Board of AL
dermen1
Sd In the event of q 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
nominations?
4th. Does a nomination by the Mayor enti-
tie any person to the salary affixed to the
salary affixed to the office to which he may
be nominated 2h
These inquiries reached the office of the
Corporation Attorney during his absence from
the city, but on his return prompt attention
was given to them, and the following answers
returned accompanied by an able train Of res
soning upon which his conclusions are founded,
and by citations from the highest authorities
in support of the same conclusions:
81. The frst "interrogatory" calls upon me
for the legal definition of " an officer Of the
Corporation 20 Ts this / might reasonably
object, as nothing is more difficult in my pro-
fession than to construct q definition Of an alb
strsct legal idea composed of a number of ele-
ments. regret that the cases referred to were
not specified Nevertheless, with great diff
dence, submit the following:
An officer Of this Corporation is one who is
lawfully charged with the authority and duty
TO execute the laws Of the Corporation in any
department thereof; it being understood tina,
such authority and duty are in their nature
permanent and general, as contradistinguished
from the authority and duty Of mere cOntrac-
tor, servant, or laborer, engaged by agree
ment for a particular work or service
To the second interrogatory" 1 reply:
That the charter contemplated one or more
distinct stated sessions in the year. to be con-
tinued by sdjournments until the close of
such session or sessions respectively. That
the number of these sessions was left to the
discretion Of the Corporation, to be prescribed
by ordinance. That the act of 1882 Green.
acted June 3, 1852 makes, in addition to the
second Monday in June; each and every Mon
last Monday in May, inclusive, the beginning
Of a distinct stated session. That there is a
recess between stated sessions, whenever the
Board adjourns leaving the time of its re-as-
sembling TO be prescribed by law. That the
appointments made Dy 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
70 nominate to the Board TO fill such vacancies
or any vacancies, at the first session of the
Board after the same shall have occurred, but
may, In the just exercise Of q sound discretion
and In good faith, continue to re-appoint tenn
porsrily, as he at first appointed temporarily,
until he can find such nominee as will be
equally acceptable to himself and to the
Board, since neither has the power to compel
the other to nominate or to confirm, tas the
case may be- each being wholly independent
OF the other and having a 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 ap-
pointees.
To the third " interrogatory" reply:
That such re-appointments, after rejection,
are within the legal competency of the Mayor
as hereinDefore explained; and that. of con-
sequence, this Corporation is bound for the
payment to the incumbents respectively of the
salaries attached by law to their respective
ofices, and that the same can be recovered By
actions at law, with interest and costs
10 the fourth interrogatory" reply:
That nomination by the Mayor does not
entltle the person nominated to the salary
affixed to the Office. Nomination is one thing
and appointment is another and very differ
ent thing. valid legal appointment alone
entities the officer to his salary, for it is only
by appointment that he becomes an officer
II he be lawfully appointed in the recess, We
have seen that his subsequent nomination and
confirmation do not terminate his appoint
ment The nomination is simply a suggestion
for the permanent appointment; when this
Is consented to, it remains for the Mayor to
make the appointment, and it is entirely with
IN his discretion not to make it, although his
nomination have been confirmed.
have the honor to be, sir, your most obe-
dent servant, J. NJ CARLISLE,
attorney Of the Corporation.
To the President Of the Board Of Aldermen.
STEALING EXTRAORDINARY Last Satur-
day. q gentleman who owns a market farm
near the city, sent his wagon to the Centre
market, with load of produce Upon the
driYar hooking for the aIand ha found tha