The Sumter watchman. [volume] (Sumterville, S.C.) 1855-1881, 1870-10-05
=. OPINION OF COUNSEL -.
II BeGsreneej 60 Eleesien oS Tosty
Couacll OF aaRt>r. T.

p Coaacll or santsS. =
{ ssppoass cs.,.A s,slss,Sasss ~ x,ss !. l..
seeold Monday ic oetebss, 1879, fe9 IstssSspt
ana warden. q the Iewe Of 6unssy, snasr ~
tiuss wia tAs,gsru sfeiaes & ~ 81 ~ Cor.eii
cease. and that Of ths newly SIsstsd nsnbsso:
There Is NO express proyisioa in tAs charter.
sne subject and the question % not tsusssly Dc
sent members of the Cssnsii Win eesss. sTd ~
OF their successors viii commence ss soon n m:
slectton u declared. .,
TIE AT Of ASA rs Stat. lt4) saa ~ a...sa.
3e.ls7o, eontsitafs the pressns charter Of az
Town of sSntes ThS nenben Of the present.
Council were elected % the I'd Monday ia Jan.
usry last under the Act Of 1855. and that Act
aoes nos Y expfssa tsrms, declare .Mhsn- the
comnsnse, or whom II should expire. The Sth'
Section however, provided that the election Tor
AntoDdent and Wsrdens, should bs held annually
on the I'd Monday 10 January, and the 3ftI
section vested all the rights ,powers 3D., ersatsd
once at the time OF It's passage (Decemher 20.
lSool until the End Monday in January thereaf-
Tor, "being" as the section goes on to declare.
"the end Of their term Of otaoe, at which time
four Wsrdens shall be elected for said Town."
snd constituting these two sections together, IL IL
plain 10 our mind that It was the Intention Of
the Act Of 1865, that the term of the officers Of
the Council to be elected on the End Monday in
January In every year, should commence With
their election and should terminate with the
election of their successors on the 2nd Monday In
January thereafter. By tho 9th Section of the
Aosof February. 1870. the time for holding the
election is changed from the I'd Monday Of jan
and BY the 10Th Section Of the same Act, the 34th
Section Of the Act Of 1866, 10 repealed. muni.
cipal corporation Is but an Agent of tho State
Government, created for tho purpose OF aiding
It's principal In the discharge Of its duties espe.
oally those relating to police. Its charter is In
the nature of . simple power of attorney, and its
oficsrs are like sub-agents, having no vested
right, In any constitutional sense, in the tenure
Of their offices. The Legislature Of tho State
may deal With the charter Of the corporation as It
pleases. It may alter or mOllify its provisions
or abolish them altogether, 1T its nero will and
pleasure, and in like manner, it may extend or
reduce the term of its officers, or deprive them at
any time Of their Offices, with or without an cleo
ton and perhaps, the only restriction which
constitutional law imposes upon The exercise of
this absolute power, is whore vosted private rights
OF property have been acquired by contract under
the authority Of the charter These the Legisla-
ture cannot divest, nor oven impair, but with
this exception whenever o question arises as to
whether change has been made In the charter,
or In the tenure of Office of the corporate officers,
by legislative enactment-it is simply question
Of construction-what does the enactment meanf
As We have already said, there Is no express
provision in the charter, eithor In the ACT Of
1865, or the Amendments Of 1870, fixing period
for tho commencement and expiration Of the term
of Office Of the Intendant and Wardeus, and it 10
only by Interpretation that we have reached tho
conclusion that the Act Of 1865, intended 1t to
commence at on, election, and end at tho next,
The election being fixed by tho same Act, for The
"a Monday in January. When therefore tho
Legislature by the amendment Of1S70, changed
the time for holding the election and at the Same
timo repealed so much of tho Act Of 1866, as In.
dioated the "a Monday in January, as the time
at which the term of Office was to commence and
end is 1t not plain that it intended to change the
time from that day to the day at which the cleo
tton was now to be held. What other object
tion of the Act of 1s66-a Section which had
ceased to have any operation except for tho pur-
pose mentionod-that is for the pui pose of indi-
eating the I'd Monday IN January, as the day for
the commencement of the term Of Office of newly
elected nembers Of tho Council. It would have
been better if the Act had contained On express
provision on the subject, but still We think the
intention is sufficiently clear.
Upon the question whether valid election can
be held on tho I'd Monday in October next, OF at
any other timo, until there has been further legs
lation on the subject. we have little ifauy doubt
The 9th Section Of the Act of 1870, provides that
the Intendant and Wardens of the Town Of Sum.
ter "shall bo elected on the I'd Monday in October
" eScty yedT, uHu INC lVtH CcctlOn atteI pTOVk-
ding amongst other things, that the Intendunt
and Wnrdens for tho time being. shall give ton
days public notice of the time and place of hold
ing the election, and shall appoint three mombers
of the corporation as Managers Of the election,
DO, contains two provisos-tho first, declaring
that, at tho first election to be hold after tho pas
sage Of the Act (26th February, 1S70) the Clerk
of the Court. &C., shall give tho ten days public
notice aforesaid, and The second, that at the frst
election held after the passage of this Act. the
following thrce members of the said corporation
shall constitute the Managers thereof" 1t is
therefore, that there be no election
undcr this Act on the I'd Monday in October. Tho
Legislature in effect provided that the first cleo
ton after the passage OF this Act. should bo held
by Managers to be appointed by itself, but failed
to make the appointment, leaving the blauk for
the names Of tho Managers, in the second proviso,
untitled.
It seems to us, therefore, that the present men,
bcrs Of the Council will be entitled to bold over
until under further Legislative action, a valid
election shall be hcld-tie intention Of tho CHAR
ter by necessary implication, being, that the
mcmbers of one Council shall hold until their
successors are elected.
RICHARDSON SON.
Sept. 28th, 1870.