The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1870-08-10
COUNCIL PROCEEDINGS,
COUNCIL CHAMBER, EVANSVILLE, I
Tuesday Aug, 3, 1870, 2 Pm.

&A~0ANJ AABff@s @~fS3
The Council met in special session,
tho regular meeting having been ad
journed to allow the members to at
tend the meeting at the Court House
on Monday evening.
PRESENT - Councilmen. lilies,
Muhlhausen, Richardt, Carpenter
Schaum, Kerth and Doughty.
His Honor, the Mayor, being abb
sent, Councilman Doughty was on
motion called to ne chair.
The minutes { the several meet
ings as Council and Equalization
Board were read and approved.
Col. Chas DENLY, City Attorney.
submitted the following opinion on
the question of the alleged vacany in
the Office of Mayor:
To the Common Council of the City of Ev-
ansviIle:
Gentlemen. have considered the q1es-
Gilman schaum, which was referred TO
me by your honorable body. The resolu-
ton seems to make necessary an opinion
on the law of removal from Office, as well
as the selection of a successor of the pres
emit Mayor. The Charter, sec. %, pre-
scrtbes: eff the Mayor shall remove
from, and reside out of the city, except
temporarily, and not exceeding SIX weeks
at one time, his Office shall thereby be-
come and be vacant" It is further pro.
vided, that In case OF vacancy, 1t snail
be filed by a special election, to be held at
such time as shall be appointed by the
Common Council, Of which due notice
The question which viii directly present
Itself to the mind of every one, Is. WheLh-
the Council, in order TO remove the May
or, or does his simple absence yacafe his
office without any actiOn2 Ii Is well set
tied that his absence does not OF Itself Gre
ate a vacancy. m Gnffa Of his nhaanRa he
remains Mayor until he has been remOv-
ed, or more properly removed By the
Council. Some corporate act Is necessary.
The fact that good grounds OF removing
an officer exist, do not amount to re mCval,
or render the ofnce vacant. There must
be In addition some exercise of the oorpo-
rate Will to remove. Our own Supreme
Court, and other Courts, have held this 10
be law.
Mayor OF the City OF Evansville. AS to
whether any proceedings should be taken
to remove him, 1t is not proper that 1
should intimate an opinion.
would say that If anything ofthe kind
were attempted, the following legal course
should be strictly pursued:
There should be first, a citation against
him to appear; second, q charge given 10
him which he Is TO answer; third q COM
proofs Fourth, liberty to employ counsel
to defend him and mn, q decision by the
Council, IN the shape of q resolution, de-
claring whether or not the Office Is va
Tne charter makes no provisions what
eyer eyer LOT the performances OF the duties of
form them through sickness or otherwise.
IL makes no provisions for the appoint
meut OF Mayor TO act temporarily except
when the Mayor is absent from q Council
meeting. Sec "a provides: "In the absence
one of their own body TO preside for the
time being, who, as President, shall pos.
acting s IN that nd the addana
power OF voting on all questions whether
there is tie or not" The general act for
the incorporation OF cities contains 3 pro.
vision that the presiding officer, in the q b.
sence OF the Mayor, shall sign ali contracts,
licenses pern1ffs and other fustrurnenfs a.
the Mayor might do, and they shall have
like effect. Ny opinion is, that from me-
cesAtLy, the Council has the power to elect
q presiding officer who may perform the
duties of Mayor In his temporary absence.
and may do all acts, not judicial, that the
Mayor may DO. base this opinion uponsthe
settled rule that Corporations along with
the express and substantive powers con-
ferred by their charters. take by tmplica-
ton al the reasonable modes of execution
Wnichsa natural person may adopt In the
exercise OF similar powers. III this were
not the rule, the sickness of the Mayor
would stop the wheels OF the City Govern
AS TO whether 1t is competent for the
Council to make any allowance or COM
pensation to person who thus discharges
tne duties OF Mayor, suppose there can be
no doubt. The charter provides general
": All other affairs and agents employed
~ ~ " aAtAOtAlI VI tn6 AUuu~
eil shall be allowed and paid susn reason
able fees or Compensation as the Com mon
Council may deem proper"
submit herewith to the CourclI reso-
luton as form merely embodying these
views.
Respectfully your obedient servant,
August 4th, 1870. CIV Attornev.
WHEREAS, 1t appears to the Common
and sufficient proof, that VIM. ii. Waller.
Mayor OF the City of Evansville, has been,
Dy reason of sickness, unable for -
La 19n IN 70 perform fully he duties OF his
WHEREAS. 1t further appears by good
ana sumclent proof, that said William ID.
come, In all human probability be unable,
on account OF sickness, to d1scnarge the
duties OF Mayor; and,
WAEHkAs. IL Is Important. for the inteE-
ests OF the City of Evansville, that some
person should be elected President OF the
Common Council of the city of Evans
vile, who shall discharge tie duties OF
Mayor: therefore.
Resotced, By the Common Council OF the
CITY OF Evansville, that -- be, and
he Is hereby elected President of the Com
mon Council of the City of EyansyiIIe to
act as such until the Mayor shall be ena-
pied 70 discharge his dulles, and until the
further order of the Common Council. and
that as such President, he have power to
sl . All contracts licenses, permits and
other Instruments as the Mayor might do,
II present, and such instruments shall
have IKE effect as If signed by the Mayor,
and perform all other acts which the
Mayor might do and perform If present,
and there shall be allowed to said -
aforesaid, the sum of - dollars FOR
each and every month or such service.
The opinion was received and or
dered on file.
The question then required upon
the adoption of Mr.. Schaum's res0lu-
ton of last Monday.
Mr.. Carpenter moved the adoption
OF the resolution accompanying the
opinion OF the City Attorney, and THAI
the blanks be flied with the name of
Charles Doughty, and the compensa-
ton fixed at one half the salary the
Mayor receives.
Mr.. Muhlhausen moved To Law Mr..
Schaum's resolution on the table. Tt
was hasty, unealled for and unneces-
sary. lie was astonished at such pro- |
ceedings. How could gentlemen /
think of taking away one. half of the |
mayor saiary-they could not do it. |
Mr.. herth objected to Mr.. Carpen-
ter's motion tor the same reason. He /
thought the matter ought to be refer
red to committee for further con-
sideration.
Mr.. Schaum wanted to know Why /
gentlemen should object to the mo-
ton now. 1t had been submitted to
the City Attorney, had laid over
a week, and had been fully discussed.
The city was at loss every day on
account of the absence from duty of
the Mayor, and it was time some &C.
ton was taken.
Mr.. Muhlhausen again enlarged on
the enormity of the attempt to inter
fere with the Mayor or his salary.
Mr.. Carpenter, who had made sew +
oral nfhnrn r,ka 70 hn hard 1.,rsn A.