, 1875-11-14
ALDERMaNIc TENURE OF OFFICE.


Corporation Counsel Dickey sent an opinion
to the Mayor Yesterday, at the latt,r's re1roat
10 relation 10 the election and terms of the
Aldermen at present in office, and also upon the
eligibility Of an Alderman to hold IN Office by
virtue OF an appoin +meut from the hayor. His
Honor had no time to give the document d Cure
fui reading because OF tho presence Of the Phila~
delphia officials. and duriug the af;eraoon 3
number Of the Aldermen d'o 'ped into his Office
aud read it. The opinion settles the question of
AID. Hll5rsth's appointment to the City Msvsha1-
ship in the negative. The substance Of Judge
DickeY's document ls as foloas:
With reference to the Aldermen who elected In
1873 and u Judge Dtckey says that the term Of each
Of thesa Aldermen will extend uut their successo:s
the third Tuesiay Of April, 1876. and until such
successors are qualified.
Al the time OF the election OF Aldermen in Noye1n-
theto Aldermen should hold teir Offices respectively
for two ye4ro from and after the frat Monday De-
eeuber ne1t succeeding their Gle hon:" Had this been
the only statute that snbje In f'rce ut the time
Of these elacons It Is plain that tho term for which
Ill these Aldermen were reso: :ti:sly elected would
have been two ye"sa aud no more. Bu :: that time
there another statute bearing upon this su'j ct,
approved May ~, l5:2 and in ferca from snd after
July ], IS q By statute it provided thIt any
such Csc tbst sta' ute w. The .itJ on es then IN
Office shall exercise The powers conferred upon ike
officers In tuis sex until their Eu:t essor3 shall no
elected and qualified" That act lakes provfgon for
the election Of Aldermen 1t tbs annual e1son the
third Tues lay Of April In each year, and find no
other provlsiou In The act by which eie:.ion
lawfully be hold for the choice OF 10 tho
Aldermen now holding over.
Judge Dickey SAYS that the suggestion that a
special election can te is+ld for the election OF
successors to the present Aldermen, under Sec.
81, Of the ne1 charter, II clsarly netnlstako. An
examination OF that section viii shos tlat it
provides for the calling Of special elections in
case OF failure to elect some osacer AMI il the
case OF the failure OF Hs:n persou t. qu .l{7.
1t was never intended. says the Corp ration
Counsel! hat CITY adopt ny the charter OF 1879
should be without officers darlng the iurarral
between tue adoption Ut the Charter and the
regular elec.i- pro .lded tor in that act Wlere
the sdopsicn OF saechartes 70 by 3 city already
having full set OF '!h3ers. the exigenc- Is mot
b. the provision in Sc 3. that the officers Then
10 oltico arc to ezerciao the powers OF city oli-
GERS. Sec. 20 Provides tor 'ecia! election 10
In relation e. the ap ,oiut nsnt Ut All Al herman
TO the office of City Ma:sl,al, Judge Dickey says
that 1t the time of the election of Aldermen in
November, >.3, ,he1e was in force static OF
this State, which still stands unrepealad, which
SAYS: 'fFhAt it shall be un!awtu( far aay A1ler-
man OF any city. during tina term for wh;:h he
is elected, to sccepe or bs appointed - or bold,
any office by tbs appointment Of the Maror
thereto, and any and all Ct! appointments shall
be aba ,iutelv nlli and void"
The Corpora ion Colnael argues at some
1ergsh in SD port Of the opinion that rr e*ent
Alderman earn It h j an appointive oiica and
that the disqualification canpot be removed or
brought TO an end until April, 1876.