The Local news. [volume] (Alexandria, Va.) 1861-1862, 1861-11-15
ALEXANDRIA, VA.
LEGAL OPINION.
ALEXANDRIA, W N

GENTLEMEN /; Inthe absence of the .ttor-
ney of the Corporation, we, have deemed it
best 70 take counsel respecting the course
which the corporate authorities should pur.
sue in reference to an election advertised to
be held in this city on the Goth inst. for mem.
bers of the City Council and officers Of the
Corporation. You will please furnish US with
your legal opinion in writing, at your earliest
convenience. W. B. PRICE, Mayor.
GEO. BRYAN, Pres't
Board of Aldermen.
Messrs. II. o. Claughton and I. Louis Kin
ger.
10 Messrs. VIM. b. Price, Mayor efthe city of Al
andrio, and George Bryan, President Of the
Bourd Of Aldermen:
In compliance with your note of the 9th of
November, 1861, requesting us to furnish you
at our earliest convenience, in writing, our
legal opinion of the election advertised to be
held in this city on the Goth inst, for mem
hers of the City Council and officers of the
Corporation, We submit the following as the
result of the limited examination of the law
which we have been enabled to make in the
short time afforded US for that purpose. We
have no hesitation in advising you that such
an election as that to which you refer, is en-
tirely unauthorized by, and utterly null and
void, in law. This will he clearly apparent
upon an examination of the charter of the
Corporation.
In the first place, we must observe that, by
the act of 7th May, 1852, the people of Al.
exandria were granted the power of electing,
on the first Tuesday in March. 1858, four
persons from each ward to serve as members
of the Common Council, and two from each
ward to serve as members Of the Board of
Aldermen and the Common Council and
Board of Aldermen 80 elected together. and
those thereafter to be elected. and their sue
cesrors, are, by that act of the Legislature
mnde body polite and corporate, by the
name of 1.-The City Council of Alexandra"
The charter further provides that the author.
ity of the Common Council shall continue
one year from the day of their election, and
until others are chosen and qualified in their
stead, and the authority of the Board of AL
dermen latter the first election) shall con.
tinue two years from the day of their election
and until others are chosen and qualified in
their stead !; and that the day upon which
these elections are to be held shall be the first
Tuesday in March of every year. 1t is evil
dent, then, that I" the City Council, thus Or
ganized, is Corporation. The election. then,
of the members Of Common Council and
Boar d of Aldermen is corporate election
not Corporation election, but corporate
election, The Common Council and AID err
men are not officers of the Corporation
they are the Corporation itself. Now, it is
clearly established principle Of law, that,
if a corporate election be not made according
to the charter, the charter will be forfeited.
for all franchises are granted on condition
that they shall be duly executed according to
the grant. (See Angel Ames Cor, section
77S, and authorities cited Individuals cleo
ted as members Of the City Council on any
other day than the first Tuesday IN March.
have not been Incorporated, and consequent
ly cannot be the City Council of Alexan-
dria." 1.-THE people of Alexandria had made
no election on the first Tuesday in March.
1853, but had made an election the ue,y meet
day, yet the persons elected would not
have been 1.-The City Council Of Alexandria."
And at no subsequent period can persons
elected on any other day than that prescribed
by the charter constitute the City Council
Of Alexandria" The charter provides that
vacancies may be filled from time to time by
special elections, but this provision is por-
ton Of the charter, and unless the right thus to
fill vacancies had been specifically granted. the
omission could not have been supplied, and
the death. resignation or removal Of all the
mem bers of the corporate body would have
dissolved the Corporation. So far, then, ~
the election of the members of,the City Coun.
oil is concerned, that must take place ON the
first Tuesday in March, and persons elected
1t any other time cannot be 1.-The City Coun-
ell OF Alexandra therefore the election |
of persons as.such on the Goth inst. would