, 1875-09-15

Tho Common Council of Chicago havo
adopted resolution directing the Corpora
ton Counsel to report his opinion as to the
power Of tho Council "to cali special elcc-
tion for tho election of all city officers under
tho charter OF 1872, prior to tho annual olec-
ton under such charter"
The charter Of 1872 provides for IN elec-
tion Of Mayor and other city officers on tho
third Tuesday Of April, 1873, md every two
years thereafter. Tho first or next regular
election under that charter for Mayor and
Aldermen will tako place in April, 1877. It
il question whether the "City Council,
City Clorl, City Attorney, and City Treas
urer" may be elected INT the general cleo
ton for city officers on the third Tuesday in
April" in 1876. The election for Mayor is
percmptorily fred for tho odd years, 1873,
1873, 1877, etc.
1t is c1aimetl. however, that there is power
to hold special election under the following
sections Of Art. aud Art. 2:
AIT. 1, src. II. II thero u 4 fAurs to elect any
officer hcreln required to be elected, or tho person
elected ahoull fall 10 qualify. tho City Council may
forthwith order election therefor: and in Ill
casca when necessary for tho purposes of Ibis ac aE
call special sctons appoint tudgea &uu CLERKS thero-
Of, canvass tho Returns thereof, etc.
Ant. =. SEC. 4, Whenever q vacancy ahau happen In
tho Office Of Mayor vben ths unexpised term shall 10
ono year from the dAto when tho vAcanty o.
ours, 1t shall bs a1lad by an election.
sEc D. tho vacancy "a less than oe year The CITY
Council shall elect ono Of its number to act a. a,
who ahall possess al the Eigbta md poWars Ut the
Mayor, etc.
There can be no question that the Common
Council can order special election TO fill ya-
caucies,or when there las been failure to
elect, or whom the person elected fails to
qualify. But mona Of these contingencies
now exist. There Inns been no future to
elect, aud no person elected has failed to
qualify, nor il there a vacancy in any OF tho
city offices. The present Mayor, City Attor-
ney, and Treasurer were elected for 4 term
| which docs not expire until the first Monday
in December, 1875, or until their SUCCESSORS
nre elected aud qualified. There boing nc
vacancy, how can all election be called to fiu
that which docs not exist? Tho vacancy
lAuBt precedo an election to ill it. There Ia
| wide difference between vacancy in M
| ofllcs by tho doath resignation, or removal
OF an incumbent, or otherwise, and the c1.
piratioh OF tho term Of the Office. The
latter il not legally Vacancy" Tho law
| provides for the election OF all officers, aud
! for tie election in duo md proper time of
their srccessora; vacancy happens from
ra ~ l., ~. nno-,,i~ad ,ar,, Hanca III a,ac
t;on 1owa ,,royi1a. J. For ,ho e1oct;on ~ nj
oe,.ors NJ tho nnno;rtsd t,,no ond e-;n, .hs
do,os ,,,ha,, ,,,ot ta-n, .1,o,I h,,,;n nd a., =.
. Theg nr,v;5o tha ,onrso - i>o nrrs,o., ~
ra4. ,hsrs bo fo;f,,ro ~ o1.ct ~ eho, ,hc
of,cor a1oot.a .h.1, fa;, =, nrs,ify ~ ,,,ove
iuelip;h]a q WHEN n roroor,, hannena in nm
ofBco },v ,ha ta,,,, -a.;on.,;on ;,,s,r;.,, =,
.c,novo1 =, ha ;n,n,ot.re II ~ .vo,, ~,
ther. ]a y .na,,s1 a1aas;an - a., ~, ns,,,a =.
!, anv NJ thn., as..;s.e.,.,.a ,..,.;, ~ ,..,,
J honnens Ths a1,a..ns ~ ,o1n s-.a;',,,. .,~a
:, ~ - ave- Fe~A' ~"