The national Republican., 1867-08-21
LOCAL DEPARTM EN- T.

in the Board Of Aldermen or Board Of Common
Council, unless he shall be more than twenty
Eve years Of age, free white male citizen Of the
United States, and shall have been q resident Of
tho city Of Washington for ono year next pre-.
oedipg the day Of election, aud shall at the time
of his election be q resident Of tho ward for
which he shall be elected, and be then o bono
tide owner Of o freehold estate In the said city
Of Washington; and shall have been assessed on
the books Of the corporation for the year ending
the 3lst, day Of December next preceding the
day Of election" and
Whereas IL appears BY the tax books Of the
corporation that o. s. Baker, Of the First ward,
Is not assessed for any property, either personal
or real estate; that Henry H Tilley, Of the First
ward, Is not assessed for any real estate, but Is
assessed only for personal property that vii.
liam NJ. Slowen, Of the First ward, Is not assessed
for any property, either personal or real estate
that Thomas G. Connolly Of the Third ward, Is
not assessed for real estate but only for personal
property; that Appleton P. Clarke, Of the Fifth
ward, Is not assessed for any property, either
personal or real estatej that John Arrison, Of
the Finh ward, Is not assessed for any property,
either personal or real estatei that L. D. s. Mil
Ter, OF the Fifth ward, Is not assessed for any
property, either personal or real estatei that NJ.
7. Parker, Of the Seventh ward, Is not assessed
for any real estate, but only for personal prop.
srty; and that s. S. Baker, Of the Seventh ward,
is not assessed for any property, either personal
or real estate; and, whereas all Of the said per.
sons are now in the exercise Of the duties and
privileges Of members Of the Board Of Common
Council, and constitute nearly q majority Of the
said Board which has thus far shown no dispo-
sition to determine the question Of the eligibility
Of Its members as Is required by tho oath Of
each faithfully to execute the duties Of his
Office to the best Of his knowledge and ability"
And whereas the period has arrived when the
general assessments for the current year should
be made, in order TO supply means for the tup-
port OF the officers Of the corporation, as we'll
for the support Of the officers and men Of the
Metropolitan police, Of the public schools, Of
the Are department, and Of the almshouse; and
also for the repairing and cleansing Of streets,
and various other purposes affecting the health
and comfort Of our citizens: therefore,
BE ii resolved BY tie Board Of aldermen, That
the corporation attorney be, and he Is hereby,
respectfully requested to advise this Board
whether, under the law, this corporation can en-
force the collection of any taxes either for gen
eral or special purposes, II imposed by Council
proportion Of its members being non.tax payers,
instead Of freeholders, as Is required by the
charter.
In reply to the above, the Mayor, on the eve.
ming Of the 10th, transmitted tho following
opinion Of Mr.. Joseph II. Bradley, sr., corpora.
tion attorney, on the subject:
. To ths Board " Aidtrmsn!
Tho resolution passed by tho Board Of Alder
men on tho 18th inst, requesting me to advise
that board whether, under tho law, this corpora.
ton can enforce the collection of any taxes,
either for general or special purposes, IL i'm.
posed by Council thus illegally constituted,
by reason Of large proportion Of its members
being non.tax-payers, instead Of freeholders, |
"as Is required by the charter" involves very
grave questions, which have taken time to con.
slider.
The fifth section Of the charter Of 1920 pre-.
In To- Gn,t H..
who are "eligible" to a scat in tho Board of
Aldermen and Board Of Common Council and
II the facts be as stated In the preamble to this
resolution It Is quite clear that none Of the par
ties named are eligible.
The sixth section has this provision: "And |
each board shall judge Of the legality of the
election returns and qualification, Of Its own |
members, and shall supply vacancies In Its own
body BY causing elections to be held to hl the
same, &C., &c.
This cannot enlarge tho qualifications fixed by |
the nth section, but II leaves to each board to
investigate and determine the facts, at least SO
far as to qualify the members to act de Jaeto and
until It shall be judioially determined by court
Of competent Jurisdiction whether they all are |
or not, duly qualified
There is nothing In the preamble or the resolu:
tion submitted to me to show whether any Of |
these gentlemen, or all of them, have or have |
not been reported upon as qualified, or whether
mon Council on their respective cases. learn,
however, from other sources that they have ali |
been reported to the Council as duly elected and |
qualified, and that they have severally been
sworn into office.
lam not aware that the precise question raised
by these facts and presented in this resolution |
has ever been decided by any court of authority,
yet Its solution is to my mind quite clear as to
general principles.
They are the agents of the people, elected by
them. and charged with certain duties, The
qualifications Of the agent Is prescribed, and the
means Of ascertaining that qualification, In tho
point alleged In this case, Is apublic record open
to every one qualified to vote. II the voters at.
tending the election do not choose To cast vote,
the presumption Is they are satisfied with the
election Of the candidate, and that they do not
intend to dispute his qualification. II they do
vote and are in the minority they have two
modes Of contesting tho election-one before the
board to which the party was elected, the other
before judicial tribunal competent to determ-
inc the rights OF the parties. II the first Of
these modes Is adopted. and the decision In favor
Of the officer returned, and no resort Is had to
the Judicial tribunals, every presumption is in
favor Of the officer elected, and he is in Office
with the aoquiesosnoe of the people; 80 far as
they are concerned, they arc bound by the acts
Of men then In once.
Take another view Of It. How far will tte
opposite principle 60? How many officers hold.
ing their ofhces without warrant OF law Will be
necessary to render void the legislation Of the
Councils2 1t is well settled that no inquiry can
he made Except perhaps, in certain questions
Of fraud how any member of a legislative body
voted on any particular question. The majority
Of that body Is duly qualified and elected, 1t Is
insisted that one, two. or three, or any number
less than majority, were Illegally elected, and
all the illegal votes were cast for that measure.
But all inquiries into that fact Is precluded, so
that 1t can make no difference how they voted
II minority, only one less than a majority
should be disqualified, and that fact can be Judi.
oially inquired into In suit not brought to de-
termine that question: 1t follows that If one mem.
Der only Is disqualified, and It can be shown that
any sct passed by a majority Of one was voted
for ID him, that fact may be inquired into. If I
then, any number less than a majority Of the
Board shall hold their offices, being disqualified
by law, 1t must be competent for any one af.
fected by such legislation to contest the validity
Of the act, and show II was passed by officers moi
duly qualified, and therefore 1t 10 void.
No corporate body could live II all It's acts
would thus bo inquired into in every collateral
contest growing out Of their action, thAt-aetion
being clearly within the scope Of its corporate