The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-03-26
The Petersburg Charter.

VIII the Dispatch, then, be good enough
70 state what provision OF the Constitution
OF Virginia 1t believes would have been vio-
lated 10y the proposed amended charter for
shis city?
Governor Kemper "waived" considera-
ton of that view Of the subject. Now, let
the Dispatch be beard Misunderstanding
appeal Of yesterday.
We answer as follows. The following
hint to the Legislature We gave on the 18th
Of February-a month before the veto-mes-
sage appeared:
A PoINr FOR THE CONSIDERATION OF TIE
CENTRAL AssEnBLY.--In the case OF the State
Is. Brunst, the Supreme Court of Georgia
I'VE should have SAID, Wisconsin, held that
awhere susie Constitution provides for the
election of sherifS land, of course, of any
other ohicer], likes the term OF office, &C.,
but does not define phdt porers, rights, and
duties shall attach or belong TO the office, the
Legislature has no power TO take FROM 4
sheriff a part of the duties and functions
usually apprrtaining to the office and trans.
fer it to an officer appointed in different
manner and holding the office by different
tenure" see vol. 7 American Reports.
The following appeared in the Dispatch OF
March 18th:
The Constitution of Virginia recognizes
common councils az the bodies which must
govern all cities; and the Legislature can.
not deprive common councls of this right
and mower. land we may add to-day that
the body may have two branches, but both
must be called the common couDcil] The
Constitution provides that the Governor
shall be the chief executive officer Of the
State. The Legislature cannot take away
his powers The Constitution provides for
MAYORS and defines their powers. These
powers cannot be abridged. The ConstiLu.
lion provides for the election of q commits.
sioner Of The reycnue in Richmond, (say tor
instancel The Legislature cannot provide
another officer, under another title, TO per-
form bis duties. If II can, constitutions are
not worth the paper they are written upon.
Two erroneous ideas seem TO possess the
minds OF VII the advocates OF the Petersburg
charter. The first one is that the charters
Of cities may be whatever the Legislature
chooses TO make them. This WAS the fact in
Virginia always previous to the ratification
OF the present Constitution. 1t is still the
case ia many States, no doubt, and in the
District OF Columbia Congress being the
legislature in that dstrict). The precedents
quoted from the lawbooks are, however, not
applicable 10 Virginia now. Her Constitu-
ton provides that cities shall have may orS,
commissioners Of the revenue, city ser.
gcants, judges, and other officers. SO far,
then, the hands OF the Legislature are tied.
II must allow these officers to be elected as
PROVIDED In the Constitution, and to per-
lorm the duties contemplated by the trainers
vi Tue CONSTITUTION, or else il is Il waste oil
unle 10 put such provisions iuto constitu.
ton. Surely 1t were folly tor State Con
yenlion to provide tor certain officers, whose
duties are familiar to everybody. if The L.
glslalure may put these officers under IN,
control OF other officers not provided for !,
lhe Constitution, and thus render the torne
omcsIs mere dummies. We will not elabo
rate this point '''
What would Mayor KELLEY, or Commits
sioner MuNRoRD, or Sergeant MOORE. saw
Radical Legislature (which is not an i'm
possible thingl should try to provide office,
bearing other titles to perform the dutie
and pocket the emoluments of their offices
And why cannot the Legislature provide
tina. is, if 1t has absolute control over cit
chariers-wby can it motor rather, VIII
does It not provide that none but Taxpayer
shall vote in city elections? The answer is
"The Constitution Is in the way" That i
our answer as to the Petersburg charter
bill.
On the 10th Of March We published the
following:
A PRECEDENT OK Two.-In the Supreme
Court Of Wisconsin, in the case of The State
and De Gueaher rs. Douglass, the court
said: a. ,.. ..'.... 81.
ut 's readily conceded that In case Of a
constitutional office, the tenure OF which is
prescribed BY that instrument, the Legisa-