Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1872-03-30
ATTORNEY GENERALS OFFICE,

| AUSTIN req IN, lofZ.
Hon. II. S. EruaH Mayor Of Dallas.
SlR:-Circumstances unnecessary to be
mentioned have prevented an answer to
your commun ication VI January 9th, till
the present time.
That COMMUNICATION presents the question,
is there conflict between the 9th section Of
the Act % January, 1870 Commonly
called the Enabling AcO and the 18th
section of the act Incorporating the City
of Dallas, passed April goth 1871; and if
I.so what is the extent of the conflict, aud
which must control?
The act first referred to, provides "that
in case of a vacancy in any of the offices
mentioned in this Act (among which are
Mayors and Aldermen Of incorporated
cites) "either be fore or after the next
general election in this State, it shall be
the duty of the Governor to fill such va
cancy by appointment" The nth Section
of the Charter of Dallas provides chat in
case Of vacancy in the Office of Alderman,
Assessor and Collector, Marshal or other
subordinate officers, the Mayor, may order
an election" SC.
BY both the enabling Act and the Char
ter The Mayor and Board of Aldermen in
office at the date of the charter, remain in
office till the next general election: but
in case of vacancy in The office of Mayor
or Alderman, how is the vacancy to be
filled2
The Enabling set provides "by the Gov
ernor"-the Charter, "by election" -and
this is the extent Of the conflict between
the two laws.
1t is well settled rule Of law that
1, Ia .,,hs
contain incompatible provisions, the stat
tnte of later date repeats that Of older
date, SO fur as that incompatibility ex-
tends.
Applying this simple rule of common
sense to the question before MS, we fud in
the charter of April 10th, 1871, the latest
expression 7of the legislative, will upon
this subject and must therefore conclude,
that the appointment to the vacancies. re-
ferred to- no longer remains with the Gov
ernor, but has passed by virtue Of the
Charter into other hands.
This conclusion is strengthened by anoth-
err consideration. The language and terms
of the "enabling Act show, that 1t was
enacted for temporary purpose. 1t is
historically known, that its enactment
grew out of the excgencies Of the times.
The State was just setting off, under new
Constitution, and many Of the offices me-
cessary to the existence Of a we'll ordered
state, were vacant. Many officers supposed
that the adoption Of the new Constitution
removed them necessarily from Office, and
for this, or other reasons, rendered their
designations, and these vacancies, were TO
be filled according to the Constitution, at
a general election, the time for which had
not yet been fixed. General anarchy
seemed TO be impending; and under these
circumstances, as q temporary experiment
to meet the present difficulty, the enabling
Act was passed and 1t is perfectly light
innate to suppose that the Legislature de-
siguedly eban Toned the temporary expe-
dent, when an opportunity occurred, TO
adopt q permanent arrangement.
1t is believed that the minor question,
growing out Of the supposed conflict Of
laws, will be easily solved, BY the rule
here proposed-and 10 refer to your pre-
else question as to . illegal Board, suck .
Board would be composed Of the Mayor
and Aldermen appointed previous 10 the
enactment Of the Charter together with
such others as may DO elected under the
Charter to fill vacancies and make the
number complete.
Very respectfully /
Your obedient servant
WILLIAM ALEXANDER,
Att orney General.
per d.