Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1856-09-18

Inc Dill was then amended, and the question
Dsang on the third reading, Il was detsr1ined In
the negative, - follows, VIZ
fesa-h hes-, Bsyly, Dove. Evana Moore, and
N:rSx.:.r. ss..y, rin.r, Pearson, .ax.asi Run;
Smith, Tretlsr, sud Csrks--7. n .' & - -'
30 che bill ives rejected. gsH5 aLis
Mr.. Psarson, ffom the same COMMITTEES. renortsd
back the bin from the Board a. Common Council
entitled "An act for the relief OF Robert Down
ing ana Il was then read tho third time and
M Pearson, from the same committees report.
Cd bill entitled "An act for the relief ef John
hammond !; which was read twice and ordered to
On motion BY Mr. Run, the Board took IN the
resolution from the Board Of Common Council au.
thorfxng joint meeting Of the two Boards this af
ternoon, at fve O'clock for tAs purpose Of slectng
a. assessor for the Sixth Ward, ia the place of Is
rael Wayson, deceased. ,8ats 1870
The resolution was read and amended by stri-
king out the hour Of five O'Clock, and was then
adopted. s 81
Mr.. Pearson, from the Committee OF Claims re-
ported adversely upon the petition Of Timothy
shannon for the remission Of q ine and ssked to
De discharged from the further consideration there
Of eess l%ss 49, a13 7'
I Mr.. Pearson, from the same committee report
I'd adversely upon the petition OF A. N. Clements
Tor the remission Of fine, and asked to be dis
charged from the further consideration thereof:
and the committee was discharged accordingly.
Here the word session', 10 rnanifsstlv used with
reference to the annual meeting, which was to be
continued, by adjournment from day to dAy, % long
% there was business TO be transacted when called
together by the Mayor in extra sessions the IKE or
der OF proceedings was doubtless contemplated, viz
ments sv,H31 a118 m -E'aT't17'
BY the charter of 1904 the two Boards were made
Qt,vNor al yala l. .L.--I- a
made with regard 70 the appointment of oficars or
the sessions Of the Councils Both Boards continued
to be elected for one year only 8'isa
BY the charter Of 1912 the two B. ards, Of Alder
men and Common Council, were FIRST created by
those nsmes; aud the former was placed upon dit
ferent footing from the latter, In being elective for
two years de-, and becoming connected with the sub
BY the first section II was provided that each
Board shall meet at the Council Chamber. for the
dispatch OF business on the second Mondsy in June
nex at ten O'clock in the morning and ON the same
day AID at the same hour annually thereafter with
power 10 adjourn from day to day, &C., and with
power to the Mayor to call extraordii,ary sessons
Here it was evidently intended that there should
be one continuous session, held annually with adj
journments, and extra called sessions If necessary.
rs, IN my opinion, in contemplation Of this state
Of things that th elanguaGe in relation to appoint
ments in the .geccss and tho duration Of such ap-
sion,' used: !" He shall appoint proper persons
70 fill up all vacancies during Ms rscess OF the Board
Of Aldermen, to hold such appointments until Tie
snd Of TIE then ens1ing session."
In the charter Of 1920 (stll in force except 40 far
repealed by that Of s4s slight variation Of Ian
guage may be observed "He shall appoint persons
tosfli up vacancies which may occH during the re-
then ensuing session" The words amay OCCUR do
not vary the sense, however, as we hare seen that
such appointee holds during the whole session and
thus the Office ID not vacant at any time until the
recess has commenced so that strictly the vacancy
occurs in the recess. In this am supported by
opinions Of Chief Justice Taney and Mr. LeQare.
upon cases submitted to them respectively while In
the office Of Attorney General. 6AA
In the same Same charter sf 1920 new clause ap-
pears touching the sessions Of the Boards. After
following the language of the previous charter as to
the June session IN every year. il is added and at
such other times az the two Boards NAV nv law
direct" a ea@ s.ss4 EaGhE all3 -
By referring to Burchs Digest o. 1887 Won win SEQ
how the law stood at the passage Of the act of 1882
There were -four sessions in each year additont to
the meeting on ths second Mondaj in june a. by law
directed the first session TO commence on the fourth
Monday Of june the second on the third Mondsy Of
september the third on the second Monday in March,
to commence at NJ and to continue q sdjourn fom
day to day until all business requiring the attention Of
both Boards is transacted" sIt shall not be lawful
for either Board to adjourn for more than one day
without the consent Of the other; and all adjsurn-
ments of stated sessions shall be by joint fesolu-
tion." faes 80 va
But the act of 1882 seems to have contemplated
each MO006v BnOUi0
session. to be limited to one day, with provso for
adournments to the next day. any other dsy with
in the week. The limitation to "any other day
within the week seems strngly 70 countenanee the
Of q new and distinct /" stated session !"
Upon the letter Of the charter there mo doubt
Of the power ofthe Corporation to prescribe any num-
Der Of distinct sessions upon divers days in addition
to the session required by the charter; but very
much doubt whether it was ever contemplated BY
Congress that by what ID in effect only an adjourn
ment from Monday to Monday there should be fifty
in the year. any more than that there should be three
hundred by adjournments from day to day.
In effect and substance III may well be argued)
this il one annual session, continuing throughout the
year; which seems to me equally far from tie mind
of Congress when empowering the Mayor to make
appointments to continue " to the end OF the then
ensuing session." Such constructions would render
the words .then ensuing session insensibls; since
each council only endures one year, whereas those
words imply that there shall or may BE- some other
session or sessions Of the council besides the
one then ensuingp Rrs atHis
appears to me entirely consistent with the ntention
Of the charter But, of the two, that which is the
more compatible with it is to regard each Monday
the commencement of distinct session; and conse-
quenty to confne the power Of the Mayor to make
the appointment during the interval between snch
sessions and to limit the duration Of the incumbeney
to the end Of such session then ensuing.
! But we have seen that in this Manner as often as
appOtntee snaii De euect OF Sucn
lection is simply TO leave his app ointment TO expire
at the end of the session. and thus that . vacancy
occurs and recurs, tofis QUOTES in rscess Of the
Board. # aat ti eFaa tHH
Even new nomination. OF another person. con.
rmed by the Board, would not displace the Art in
cumbent; but il would remain for the Msyor 10 re-
move him and appoint the other, 10 who's appoint,
ment the Board would have already conssstsa. This
seems perfectly clear in legal contempla&ion II 10
not novel doctrine, but has been approved by the
Supreme Court Of the United States 10 sut upon
an official bond, where the question arose whether
the particular liability was unon honA r;xen under