The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1870-10-05

liberations of the Council, in the alb
sence of the Mayor.
AS to the second contingency, see
Section 29 of the Charter. 1t pro-
vides as follows, viz:
And, in case of vacancy by death,
removal, resignation, or refusal to
qualify, or any other means whatever,
in the offices Of Mayor or Councilman,
such vacancy shall be filed by a
special election. to be held at such
time as shall be appointed By the
Common Council, of which due pub
lie notice shall be given by publica-
ton In newspaper, or IN such other
manner as the Common Council shall
order
Now the question is: What CON
| tingency has arisen? Is it the hrst
named or the second? Is the Mayor
absent, or is be dead? If he IS ab'
sent there is no vacancy, and the
Council may elect one OF their own
body to preside, for the time being,
who, as President. shall possess the
same power as the Mayor, while act
Jog in that capacity, viz: When pre-
siding over the deliberations Of the
Council, in the absence of the Mayor.
No other power Is given by the
Charter. to q member of the CouoeIl,
who may be elected President or the
Council, than to preside for the time
| being, and who, as President. shall
possess the same power as the Mayor,
| while acting IN that capacity.
There is no such Office provided for
in the Charter as Acting Mayor, or
| Mayor pro. tenn aud no such ONCE
exists, aud any person who assumes
either the title or functions of Mayor,
under any pretence whatever, without
an election by the people. IS guilty Of
usurpation. No duties of the Mayor
are, by the Charter, devolved upon
any person on the death Of the Mayor,
but on the contrary, the Charter ex-
pressly declares that special election
shall be held to fill such vacancy.
Now, as no duty of the Mayor is by
the Charter expressly devolved upon
the President of the Council, except
that Of presiding over the deli6era-
tons of the Council for the time be-
ing, it cannot be inferred that any
other duty Of the Mayor becomes the
duty of the President of the Council
by implication, without assuming that
all the powers and duties of the May
or thus deVolve upon him, because no
E exception is made. All are treated
alike; none are referred to.
In Section 60 of the Charter, it is
! provided that the Mayor shall eT Of
, fcio, be Justice of the Peace, and
} as sucb, shall within said city, have
, and ext-cise the same power and ju
risdiction in all civil and criminal
cases that other Justices of the Peace
] shall for the time beir g have, etc.
1t is also provided by the same sec
ton that the Mayor shall have
. power as Mayor to take and certify
under the corporate seal of the city
{ all acknowledgements and proofs OF
] deeds of conveyance, powers of at
> torney and all other deeds and instru
ments OF writing. according to the
law and usagcs In such cases also to
i take and certify depositions and afi
y davits In all cases whatever" &c
Z And it further provides, that " tht
Mayor shall sign, or siga and seal Ca
= the case may be). all process issueC
It by him in the same manner that Jus
tices of the Peace sign, or sign ant
seal process, &c.
5 In Section Al it IS provided that t
the duplicate of the assessment rOl
.t of the annual taxes shall be annexed
n "a precept signed by the Mayor, Will
the corporate seal Of the city annexed
81 thereto, commanding the Collector t.
l. collect and make the taxes in sucl
is duplicate specified" J" &c
re There are many other powers an'
3 duties which attach to the Office Q
- Mayor, but without further enumerat
IL ing them, let the foreg oiDg suffice
r Who for oae moment believes that
ly Councilman, elected by the Counc
,e TO preside for the time being, is there
= by converted into judicial ofice r.
IN Justice of the Peace? And if no
- hew is he to issue process? and mo
IN interesting and important of al
"a where is the power or authority
bo annex to the duplicate the prece
~ ne signed by tie Mayor commandIn Il
W; Collector TO COLLECT the taxes 81
ir- unless the Council will obey the pla
Dr. and unambiguous mandate of the la
ror which declares that in case of V
'"A cancy by death in the Office of Mayo
such vacancy shall be filed By a spec'
ne election.