Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-02-05
The Mayor. Casting Yo,e.

| Mr. Editor:-The subject of the legality of
the election of Thomas Gates, Esq, to the Office
Of highway commissioner having become
theme OF very general discussion, and as no one
has felt disposed to enforce the protest against
il" although many able ldioyers and Intelligent
| citizens" question Its validity, 1t is due to Mr..
Gates that the people should understand that
his election was entirely legal; that he is not an
intruder upon the office, and that in the perform
ance of its duties his authority is to be recog
nized and respected. The exact question at is
sue is this: Has the mayor, upon an election OF
officers by the city council, the right TO a cast
ing vote?
The city charter provides, (section 12th,)
among other things that he 1.-THE mayor,) shall
preside in the board of aldermen and in conyeu-
ton of the two boards, but shall have casting
vote only. 1t Will thus be seen that the right to
the casting vote is conferred by the charterit il
self; and the only question is, when and under
what circumstances can it be exercised. We
hear from one that it is not to be exercised
upon an election of officers by ballot, because
the polls must be closed before it can be known
whether or not there is tic. Another says, |
have ben in the city government good many
years, and Inever heard of such a thing before;
and another, that it is in his opinion, contrary
to parliamentary law, of which he processes to
know something. ! concede that the question
should be settled by parliamentary law.
MIR. L. S. Gushing, in his approved work on
the law and practice of legislative assemblies,
says, section 3O1: "When the assembly is
equally divided on any question, it is not only
t1,n,
to give casting vote"
Scobel, one of the earliest writer's on par
liamentary law, says; "Upon the division,
if the members appear to be equal, then the
speaker is to declare his vote, which is the cast
ing voice.
"The following principles" says Cushing,
sections 8O5 and 300, with regard to the right
and duty of the presiding officer of legislative
assembly in this country, may lie considered
as established:
"By a casting vote is meant one which is
given when the assembly is equally divided, and
when the question pending is in snch n stuas
lion that vote more on either side Will cast
the prepondeTance on that side and decide the
question accordingly. This principle extends
to cases of election by ballot. In these cases
the speaker does not vote by ballot, but waits
orally"
This position will be found to be sustained in
Commons Debates, xiii, PIG, 217, Comm. Jour.
XIV, 1853, Congressional Globe XIV, 3O3, 3O4,
journal of House, Both Congress, I'd Sess., 211.
And, by an unbroken current of authority,
both in England and in this country, it will be
found that where the right to a casting vote is
conferred upon the presiding officer of an assem-
bly,, it is his duty to exercise it in elections as
well as upon other occasions.
1t will, therefore, be seen that the proceeding
in the city council on Monday last, which le-
suited in the election of Mr.. Gates to the office
of highway commissioner, was in accordance
with well settled parliamentary usage.
Trusting that the interest taken by the people
in this subject may furnish a sufficient apology
for this intrusion upon your columns, am your
obedient servant, GEORGE F. VERY.
Worcester, Feb. 8, 1872.