, 1875-11-21
THE NEW CHARTER,
Corporation Counsel Dickey's Opinion
On Certain Legal Points.
There Can Be an Election If the
City Is Not Redistricted.
Officers to Be Chosen in April,

Officers to Be Chosen in April,
At recent mecting Of the Council, resolution
we're offered calling upon the Corporation Coun
sci for al opinion as to the time when the term
of the present city officers would e1uire, wha
officers ehould be elected at the first genera
election, whea the wards should be redist,icted
| etc. Vhe opinion Of Corporation Counsel Dick
| 81, which will be submitted at the Council Mon
| day, is as fo]loTs:
70 ths Honordbac The C.tY Coune! The question:
mentioned In your resolutions Of the 18th inst. hav
Ecen considered.
ttrst-The time hxed BY law for the ne1t rcgrls,
and general election for city officers IL the third Tues
dsJ u April next sec ~ present charter page 4t6
'Second-The officers to be voed for at that election
are tnirty-six Aldermen City Clerk CitT Atorney
and City Treasurer {sees % and ~, aud such othei
provide to be elected At tho: o BY the ega voters o
The city ssec. 13}.
r1t,a-The e terns OF the present Mayor will expire
required BY Inv to be elected II The general election
for city Officers to he held On the thsd Tuesday 10
APF!l: Ths rs,n,s;;s: ,sai :sgss: > zs -, aaa Z
the csy and Of the present City Clerk, City Attorney
and CITY Treasurer will oxrt5e upon tho election and
qured h. law to Es eloeraS sad'eSsoEs' "r tsa e.
general eecton for city officers to be held On ths
thisu Iucsday In April next {Sccs. g. ~, md III,
tue terms OF the present city o=era houlq
BY appointment will epd wha1 their respective sue
ecssors are appointed On the coming III Of tbs
eessor 10 tha present Mayor.
The Mayor and each Of the other present city officers
who hold Office by election, respectively elected
,o ,oe Sonn:ent ter to depend upon contingencies
elected to hold for the tern 1ed for him under the
Old charter unless during that ter the present char-
ter should be adopted, and In that event to hold bis
n KtA
otcer, ~ his alccess3r to be elected the frat
ess1 election for sach officer, to occur under the
charter, and this whether the term was in that way
rendered. longer Or shorter than the term named Il,
the old charter,
Dy tue new charter an election for Mayor was pro-
rdet 1or at the general election to be held on tho
third Tuesday in April 1875 and bennisly thereaftar
@ S6es. ~ ~ ana ~ and general e4ecton for tho
taltu Tuesday IN April In each ysa- {6eca 4s and 7
and It Is also provided hat The adoption Of the now
quarter. the city ocers then tn Office shs exercise
tho powers Of like officers under the new ctarter untl
their respective Successors elected and quaided
and there 10 no provision for the election Of such sue
ccssors except Ut the general elections for such officers
~ ebore stated (See. j, page 2N.
4 follows that tbe law creaes vacancies In any
Of these ohices until the time for the Rauara eIecton
fur their respective successors.
1t has been suggested that such extension Of cer-
tain Of these terms beyond the time named in the old
sags No Law shall 10 passed which shan operate to
extend the term Of any public officer after bis eIer-
ton." This Law undoubtedly dces in ,aoane oense
was not passed after the election Of these oacerg.
The meaning Of that clause Of the Constitution viii be-
more apparent II the words be trsnsposed thus !:
:" No law which sta1 operate to extend the term Of
any pustc officer shall BE- passed 1feT his election
The words af:ez his election refer clearly to the
se tina be Ssyod Tsh e. teaa san aRa a. n1
no Law can be passed by which the term Of officer
can continue after his election, evidently pubic
not begin Until after his election and II it cannot Ds
allowed to extend to any time liter than his ELECTION
there is plainly no time when the term could possibly
have an existence The eV practice forbidden is that
u passing Statutes after oce1s election, by which
tae term is made -onear than thGt provided by !
aw Nv. At T.. tho 1tss gns Of the eeetsa In sas
by law iu 1572, and before thEsa elections.
!sd ths adoption Of the charter occurred in
,cers respectively, would haye ended upon To eie
ou aud qualification Of thefr respective succeasors-
which, accorog to the Law. rould haya been elected
that these terms would respectively have teen
nade less than tho respective terms named In the old
'harter TIE present charter h.sing been adopted |
ter the third Tuesday In April Of this year. the legal
lect Of such adoption 1t that time w1a to extend the
Of she Mayor until 1877, and to extend tie term
# each Of the other officers elected ip November 1873
ONE Eve months longer t1An The term such OIL
ezs mentioned in the old charter and to reduce the
erm Of esch Of tae officers elected in Nose1abez 1874
t.Iued in the old charter.
fourth-By the prov,siona Of the new charter the
ity should b. redktricted disil2d into eighteen
'.rs before tbs gcuer. election for city occra to
q held on tho third Tuesday in Arrl next, and |
myth Of time before that dsy sufficient to enable
ae City Council to at le4st twenty days notice
auch election to he given (Seca. ST. s. &8, 6l and
f;]1h-You FAX also, I" Can = regular election for
~ ofesrs taxa place before the city has been re-
rrguI4r election for Ill city officers cannot ta1e
lace tetore the city has been thus redistzictsd or
lv!ded into eighteen Tnrds, although think valid
ectlnn may In such csee be held.
Should the City Council fan to divide the city into
,ou!d tie city Council feil to appoint tho psce o.
aces for such election, and fail to cause Ut leaat
'enty d4ys notice Of such e!e.tion to oe giv2n
o,d have the lwful right to elect by general ticket
sne election thiry ysix .adezmcn,a City ClerRx City
tosney, and City Treasurer. aud such election
her view would lead 10 the preposte1ous ccnciuson
1t C:ty Council under the present Laws Of the | ,
ate could, By ralpab]e disregard Of the duties i'm
sfa1 right to govern the city indefinitely and forever
present charter provides that " in cities Of over
Y oo1 inhabitants there aaan 3 elected thirtysiz
III uold their Office for the term Of two years and
It'll iher successors ars elected and qasuded tsec
that 81 general etton for city olcors ahul bo
Id the third Tuesday in April in each year" {sec
that "rt the first election under this act there
all Be elected the fu nums,er Of Aldermen to which
un:l a:fer such election the Aldermen elec:ed shall
divided by lot Into two classes those Of the first
ss 8hau continue IN oee Tor one year. and those OF
:ond for two years Z {Sec. b2 that :. the City
unci may from time to time divide the c:y into :
eha1f hs mnnv wards the total number Of Alder
n towhieh the city il entitled aud one Alderman
Ill be annually elected in and for each ward, to hold
Office for two years aud until his successor elect
and qualified n; Sec, 81 that t'no person shall be
gihlc 10 the office Of Alderman, uniess be :;
aaez within the ward for which he il elected" :.
Che above quotations embrace, think, all the pro-
lions Of the statute bearing upon this question. q
fs city has at present twenty wards, and under the
s:eut chartcr tie city elect on1y tbtry-six Al Ii
rmeu. 1t IL evident from al the claims Of tho char II
quoted, when considered together, that the Alder u
Il are to be chosen By wards; and thirty six A. II
men cannot be apporttoned to twenty w.r1s " ~
elect one half Of them each year-one from each "
rd-ft follows that the regu[ar aud proper mode Of
needing is TO redistrict the city before the first
,era1 election for Aldermen, and that any other o.
do would not be " regular" NJ
Undoubtedly "a regular election for Mayor, for
) Cl1rk for City Attorney. for City Treasurer, =,
tke place without any dirtsion Of the city into q
rds, tuasmuch NJ these officers in al casea to be
ted BY the voters Of the whoe city, but election
Aaermen-in the mode contemplated BY &c
statute-cau not be held without
revfous division Of the city Into wards for regu-
" under the statute the city Is 10 be divided into
.ds, numbering half the number Of Aldermen
chosen md after the first election Alderman n
'e annually elected in aud for each wurd, and no
son is to be eligible Alderman wac does not re-
In the ward for which be ia elected An election h,
Alderman to be reguar must have all theae attend-
condions; and to be regular ut au shesa 4aDerai M