The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-03-17
A Suggestion.

- n SuGESSSAoIA'
governor KEsrKa, as we understand num-
holds that the Legislature cannot rightiu'ss
take AWAY from officers elected by the Peo'
nile to perform specific duties the power 70
perform those duties. The Constitution OF
Virginia recognizes common connciis rs Tue
hodies which must govern all cities; and the
Iee;slatu.e cannot deprive common coun-
s,ls Of this right and power. The Const'tu"
t,on proyides that the Governor shall be the
chief executive officer Of the State. l nc
LEGISLATURE cannot take away his powers.
The Constitution provides for mayors "".
defines their powers. These powers ca"no'
be abridged. The Constitution plo.'uo' W.
Tho election of q commissioner OF ,ne Fe,e'
npe IN Richmond, (say for instance.) 1he
LEGISLATURE cannot provide anolher olleel'
nn5er another title, to perform his duties.
II il can, constitutions are not worth Inc
paper they are written upon.
Two erroneous ideas seem to possess the
minds of all 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 TACT III
Virginia always previous to the ratification
OF the present Constitution. 1t IS sun tne
case in many States no doubt, ana IN the
District OF Columbia, Congress being the
legislature in that district(. The precedents
ouoted from the law-books are, however, not
applicable to Virginia now. Her Constltu-
lion provides that cities shall have mayors,
commissioners of the revenue, city SER
geants, judges, and other officers. So far,
then, the hands of the Legislature are
tied. 1t must allow these officers TO De
elected as provided in the Constitution, ana
70 perform the duties contemplated by the
trainers of the Constitution, or else 1t IS
waste of time to put such provisions into
constitution. Surely, IL we're folly for
State Convention TO provide for certain OH
GERS, whose duties are familiar to everybody
If the Legislature may put these officers un-
der the control OF other officers notprovided
for in the Constitution, and thus render Inc
former officers mere dummies. We will not
elaborate this point.
The second error We have alluded 10 Is the
supposition that the Constitution provides
Tint common councilmen shall be elected By
the people. This Is not true. Common
councils are merely recognized as the proper
bodies to rule cities. 1t is nowhere in the
Constitution provided that they Shall be
chosen by the people. If they are SO chosen,
however, the Legislature cannot put another
body over them. But the Legislature has
the power to provide that they shall be ap-
pointed by the Governor. We should re-
gard such 40 act not only as constitutional,
but as much more manly and proper than one !
providing for commissioners to doml- |
nate councils elected by the people.
The fact that the Constitution de-
elares that certain city officers shall
be elected By the people, and recognizes
common councils as the proper bodies to
rule cities, and yet does not provide for the
election of these latter By the people, is an
argument in favor of their appointment "a
tber than their election by popular vote. 1t
shows at least that the Legislature is free to
pointment of members of common councils.
And this lust paragraph suggests another
point. City officers cannot be members OF
the Legislature. And so members OF the
board of municipal commissioners Of Peters
burg, under the new charter, would have
been ineligible US "officers." But common
couucil,uen are not officers if Mr.. WYENE
Is entitled to his seat in the Senate. Aud 50
We should have had the common council
men eligible to the Legislature and the Board
of Municipal Commissioners ineligible. al.
though these last would have been identi-
caly just such "oficers" as common coun-
cilmen. and thus again, the Legislature
would By mere evasion havc changed the con-
ditions upon which certain people are eligi-
BILE to the Legislature would have rendered
eligible to the Legislature persons who are
officers" within the meaning Of the Con-
stitution, or else would have DISTINGUISHED
q body of men who are not DISTINGUISHED by
the Constitution.
Let the Legislature, if it chooses, provide
that the Council Of Petersburg shall be ap-
pointed by the Governor but let it not at
tempt to override the Constitution, nor 70
evade it by doing indirectly what that III
strument forbids 10 be done directly.