Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-05-08
street Commissioner.

We, yesterday morning, III an article
published in our local columns, briefly
gave our reasons for believing that no
superintendent of streets or sidewalks
had been elected. We do not wish to
add to or take anything from the reasons
therein adduced. We think the argu-
ment was perfect and complete. We
were glad that a majority of the trus-
tees, subsequent to the writing of the
article referred to, promptly revoked the
presumed appointment. This they had
the right to do, as will he seen from the
extract hereinafter published. We have
no personal objection to the person APP
pointed, and venture TO say that he
would have discharged his duties in an
acceptable manner. The construction
and repairs of sidewalks, ETC., are en-
tirely "under the direction of the trus-
tees" Not a sidewalk or street can be
touched, no laborer can be hired, no ma
terials can be purchased, nor a dollar
expended without the direction Of the
trustees. We have no personal interest
in this matter, neither has the publisher
of THE HERALD. One and all of us, if
we were competent to fulfill the duties
of the office which we candidly confess
we are not-are excluded from the posi-
ton by the consanguinity and affinity
ordinance. We are pleased at the action
of the majority of the trustees, simply
and solely for the reason that it evinces
a desire and determination on their part
to discharge the duties of their trust
faithfully and according to law. We
should not have referred to this matter
again, but for the absurd talk upon the
street, that a street commissioner must
be elected at the first meeting of the
trustees, and that, therefore, the pre-
sumed election, Monday night, must
stand. Even if the election mast have
taken place at the first meeting, it would
not affect the legality of the election,
and the only probable result would be
that the old commissioner you'd hold
over Section six of the ordinance re-
lating to the duties of certain officers"
provides that sit shall he the duty of
the trustees at their first meeting sue
ceeding their annual election, to appoint
superintendent of streets and sidewalks,
who shall have in charge the building
and repairing of all streets and sidewalks
in the village, the purchasing of mate
rails, and procuring labor, under the di
rection of the trustees, and he shall keep
a correct account of all materials and
labor furnished, price paid for each, and
where expended, and he shall at all times
have the book ready for inspection by
the trustees or any one of them. Said
superintendent shall be liable to be re-
moved at any time whenever the trus-
tees shall deem it advisable, and when so
removed, the trustees shall appoint an-
other in his place" 1t will be observ-
ed that the ordinance provides for an
election at any time. If it did not, it
would come under the head of directory
or advisory and not of mandatory pro-
visions. No right is lost by the failure
to elect at the time mentioned, and no
tax or expenditure of money is affected
IN the least. No Legislature can pass
law, and no village or city can enact an
ordinance, mandatory in its nature, re-
quiring an act to be done, which it may
be impossible to do. Sickness or dis
ability might prevent a meeting of the
trustees at the time appointed for their
first meeting. The trustees might be
unable to agree upon proper officers, and
be compelled to adjourn, or remain in
session for weeks. This, of itself, shows
the absurdity of the claim. They would
have complied with the provisions of
the ordinance if, after one ballot, they
had adjourned We need say no more
we could hardly say less.