The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-04-30

he will hold over, for year at least, un-
der the following provision of the charter
" The trustees OF said village, or major
"Ity of them, may, by temporary appoint
"ment, All any vacancy which may occur
I" in any of the offices of said village, in
" GLIDING the Office of trustee, and the per-
"sons go appointed by said trustees shall
d" hold their offices until said village shall,
"elect others in their stead, as provided in
" the preceding section"
Does that preceding section" limit the
term of office of the person so appointed ?
Let us sec. 1t reads as follows: "When-
I" ever there shall be any vacancy in any
"of the offices of said village, by reason OF
-" the non-acceptance, death, removal, in
" sanity, refusal to act, or other disability
I" of any person chosen to office, said viii
=" lage may fill said vacancy by now
choice at any legal meeting" 1t is, as
will be seen, speaking of vacancies
caused in a certain way, and not to the non
existence of an officer by an absolute fail
ure to elect The village may, at le-
gal meeting, elect a successor TO the officer
so vacating his ofllce-not temporarily but
permanently. An officer so elected would
doubtless hold over until his successor was
"elected and qualified" but would one APP
pointed by the trustees? The statute does
not seem to contemplate permanent ap-
pointment for the full term, but only a
temporary appointment" until the evil
lage shall elect others in their stead'-that
is, not until the next election, but until q
legal meeting shall be called for the pur-
pose of choosing their successors. If no
such meeting was called, they probably
would hold their temporary appointment
until the next annual meeting, but would
they continue in office for another year on
failure to elect? We are not prepared to
answer, but, if so, it would be new kind
of temporary appointment" and there
certainly has been no ''vacancY" since
Thursday morning. Again the statute es-
tablishing and providing for the election
of water commissioners has never been
made part of our charter. Tile cbce 'oas
not creoted By Tile charter. We believe the
only mention of 'watcr commissioners" in
the act of incorporation is the provision
continuing in "full force" ''the acts pro-
providing for the appointment of water
commissioners and prescribing their du-
ties" Is the office of water commission
er, then, an ''ofiice of said village within
the meaning of the charter, and do they
hold over?
Does the municipal judge hold over
Certainly not unless he is an officer of said
village within the meaning of the charter,
the act establishing the court reading.
ga municipal court is hereby established in
d" and for the village of Rutland, and a
Judge thereof shall be annually elected
"by ballot from the frecmen of said vii
lage at the annual meeting thereof; y and
Z" In case of death, resignation, removal
" from the town, or permanent inability to
serve on the part of the judge, his office
/" shall be filled by the trustees of said viii
"lage from among the legal voters of the
village" 1t will be seen that the cleo
ton must take place annually" and that
no provision is made for bis retaining Office
until his successor is elected and quail.
fled !" and what we have already said rela.
tive to the water commissioners will also
apply to this office. But is the municipal
judge all ''ofllcer of said village He il
nowhere declared to be such. The Office il
not created by the charter. Its existence
and powers are derived from special ac
which is not made a part of the charter
He must, to be sure, be elected "from thu
freemen of said village" but remova
from the village does not vacate the Office
"a removal from the town" is ncces
sary to create a vacancy. He is elected b,
the voters of the village, but how does tina
make him an ''oflicer of said village" an,
more than justices of the peace are tow
officers because they are elected by tn
voters of the town ? Justices Of the peac
are not town officers. The municipal cour
is not mere village court-it is court o
"record having seal and clerk, witt
a civil jurisdiction extending through
out the town, and a criminal juris
dction co-extensive with the county. l
he an ''oillcer of said villagc?' Does h
hold over Others must answer Such /
the situation of Rutland to-day-perhap
for one or three years. Our readers ca
see its gravity as well as we can.