The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-07-14
Interesting Decision.

The decision noticed in OUR Geographic
columns on Saturday, which was made last
week by Judge DANIELS, of New York city
is an interesting and important one. Judge
DANIELS said, amongst other things:
In the history OF our present form Of govern
of this principle, but rs part OF the common law
applicable to our institutions 1t Is we'll sustained b,
authority. In Rawle's Commentaries upon tht
compatible In their nature that the same person
shall not be admitted to hold them both. 1t Is q
rule OF general law that an officer who accepts an
Con: Ed. lsll This principle i fully warranted
Rep ST. decided in iss7 N0 The case was very
thoroughIy argued BntleE, Justice, Ia the course
his election, and If they be incompatible the
election to the latter office is good because the &c.
NJ, Ashurst j. vind II Is not necessary for us to
decide In this case whether these two offices be or be
* s sx Ss Se
though II 1t were necessary to decide these ques-
1icns, should be oil the opinion that they were In
judicial officer It has been said that the plain
,i is not bound to SIT In his judicial capacity be-
there Is sufficient number OF jurats to con.
stitule court without him, but there may be cases
In which II would he absolutely necessary tor him 10
st la that character, rs case of the sick OF
III which he might be called upon to act that Is an
answer to the argument. I'D, se9
Richmond has special interest in this de-
cision. The President of her City Council
is also memberof the Virginia Legislature.
And the Constitution Of Virginia provides
Members Of Common Councils shall hold
no other office in cities, and no city officer
shall hold seat in the General Assembly,
In saying that members of Common Coun-
ellis shall hold I" no other Office" the Constitu-
ton does in effect say that member Of a
Common Council is an officer. The charter
of the city, too, takes the same view of the
case. 1t says:
"16. The Council shall elect one of its
members to act a. president, who shall pre-
side at its meetings, and continue in office
for the year."
Finally. however the above provisions Of
the charter and of the State Constitution
may be explained away, there is one pro.
vision Of the charter which no lawyer can
serve in the same way. 1t is as follows:
"12. In case Of the absence or inability Of
the mayor, the president Of the City Council
shall possess the same powers and discharge
the municipal duties Of the mayor during
such absence or inability"
Will it be said thut the president OF the
City Council has never filled the Office OF
mayor! Yet he may be called upon at any
day to do SO; and what says Judge DANIELS
on this point?
lit has heen said that the plaintiff Is not bound 70
sit In his judicial capacity because there ls SUI
Client number Of Jurafs TO CONSTITUTE eoufs srnd M
absolutely necessary for him 70 sif III tuat
In case OF the sickness OF the otner memoersi,
gnd Il there be one possible case IN tohtch ne ntgn.
b. calett upon TO act that Is IN anstoer 70 tae ar
9ument."
The Judge cites bis authorities, too.
We present this US an interesting law
point, and one which 1t becomes the City
Council to have settled. We'have no doubt
that the President of the City Council has
had legal advice in the premises; yet we
feel confident that this advice must have
been given in ignorance OF the fact that,
whatever may be said as to the other men,
bers of the City Council, the President Of
that body Is under the charter city officer
such as the Constitution of the State forhlds
any member of the General Assembly tobe.
At any rate, 1t can do no harm for the City
Council to learn from competent authority
whether their ordinances are authenticated
by q lawful president. 1t is question worth
deciding a sss
" sss.7