, 1875-12-05

plain and unmistakable the other why If it
had been the intention that the Mayor should
hold over till the next general election for his
Office, and be the actual and not meraly
| acting Mayor until that time
3. Not only does the language Of the
charter of 1879, as quoted above, contemplate
q vacancy in the city Offices upon the adop-
ton of the charter, but this purpose was
probably adopted in compliance with the
constitutional provision that "No law shall
be passed which shall operate to extend the
term of any public officer after his election or
appointment" II there had been no such
constitutional provision at the time the Gen
eral Law Of 1872 was passed, the tarms Of
this law might possibly be distorted into
meaning thnt all the officers may hold oyer
after the adoption of the general charter
until the next succeeding regular election for
their respective places under that charter !;
but, as the constitutional provision stared
the Legislature in the face st the time it
passed this general charter, it is moro pro5n-
bic that it was framed with the express pur-
pose Of not violating the Constitution
1. Mr.. D1cKEr's construction Of tho consd-
tutional prohibition Of the extension Of Of
fetal terms is certainly not warranted, but is
strained, forced, and illogical Tho point he
tries to make is, that the law was passed be-
fore Mr. CoLyN wss elected, and therefore
does not cover his case, because the law
means, he SAYS, "No Law which shall operate
to extend tho term of any public officer shall
be passed after his election" But Mr.
D1c6EY hns no warrant for concluding that
this is its construction. It is more likely that
says, viz: "No law shall be passed which
shall operato TO extend the term of any public
officer after his election or appointment.
That is, the prohibition intended is not in the
passage Of the law, as Mr.. D1oxET's para
phrase would have it, but in the operation
of the law. Now Mr.: D1okEys construction
of tie charter Of 1872 would make it operate
to. extend Mr. CoLv1S's term, and therefore
such construction is unconstitutional Is
well as fer-fetchsd and absurd
5. The spirit Of the constitutional provis-
ion as well rs its letter favors this plain con-
struction Of its phraslng. It was obviously
intended to prevent men in Office from using
their positions and influence to scheme for
an extension Of their term beyond the period
for which they had been elected or appointed
Now it is notorious that Co1v1S, while May
or, did use his influence to secure the adop-
ton Of the charter Of 1872, and it is generally
believed that he did 50 for the purpose of
extending his own official term # 11r.
D1cKEY's construction of the constitutional
provision were permitted, here would bo
q tlegrant violation Of the spirit and intention
Of the Constitution, which We do not believe
the Courts ever sanction.
These are some Of our reaso1ss for believ-
ing that Mr.. D1oKEys opinion Is thin and er-
roneous, and that there is now vacancy in
q duty Of the Common Council to call an
election to fill it under the charter Of 1872
(Art. Il, Sec. ., which provides: - When
ever vacancy shall happen in the Office Of
the Mayor, when the une1pirel term shall be
one year or over from the date when the va-
cancy occurs, it shall be flied by IN cleo
ton" II the Council fails to do its duty, or
does not believe this to be its duty, the SIM
plest way Of disposing Of the matter is to ap-
ply to the Supreme Court at tho Springfield
term next month to issue nsdn<ztzmus CON-
pelling the Council to call an election. The
Supreme Court Inns original Jurisdiction, and |
5uch m application Us is proposed will finally |
dispose Of The question one way OF the other. !
Unless CoLvn will agree to ALLOW an agreed |
,ase to go to the Court next month, the Cii-
zens' Association, or soms other combination |
1t citizons, should take the matter in hand
md see that the application is made.
4 SAMPLE or DEMOCRATIC REFORM.
The representative Democracy are having
i lively time in Washington over the contest
or 6peakership and the incidents thereto.
The city is filed with An excited crowd, com-
,osed of such elements as JOHN MoaR1ssEr
nd his New York bruisers, the bummers and
owdies of Philadelphia, the blood-tubs from