Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-09-02

the affections Of it's citizens and command the re-
spect vi the world
Fellow citlzens urge you OF all classes, of all
naonallties, of all races 10 weigh well the Interests
involved in III election and then to exercise with
the independence of freemen the great privilege of
suffrage.
BY order of the Committee
WILLIAM B. TALIArERRo, Chairman.
JAMES R. FISHER, Secretary.
Richmond, August 81, 1876
Chief Engineer Of the Fire Depart
meni.
After our report OF the argumeDtiu the case OF
the contested election Of the Chief Engineer Of
the Fire Department closed yesterday afternoon,
Mr.. Burke, on behalf of the defendant, began
his argument. He maintained that the gen
tlaman claims that the off :e of Chief Engineer
mad ceased to exist, and yet the City Council
had elected Mr.. Leadbester as SUCH, snd he
had DOT been appointed as directed by the STA
tute o.! 1927. Special laws couiefrl ~ muulcl
pal rights are not repealed by general eglsla-
ton, uuirs, atrogalcu by express clause. The
gentle man had argued that there Was 40 organl'
vi fir dcparm lu Alexandria prior to Isl l.,
. when the very bylaws offered by hlm were
| dated 1859. Mr.. Burke also attempted TO intro.
ducc The record OF the organlZ alton OF the Star
| Fire Company in 1851, which be Was allowed
to do III argument. Tne Tght to elect repre-
sentatlves Is 10 the people, aud the act OF 1871,
! sec. s, was rcpugnaDt to the constitution. lEe
provisions OF the constitution are mandatory,
AID the legislation must follow the llue thereby
lad down. The bill Vi rights decl lred tor rota-
lluu 10 tic while the act Of 1927 made the
! ,,tl f,,,l ~, harm ii
! tary, at the option Of the one who bestowed it..
! Ii the gentlemen Claim the office they must
! Calm ii by appointment. tut appointment and
/ eactIon are uut the same thing. Ii the Iegls.
lalure conferred 10 the City Council the power
Of appointing to Office and the City Coun
! ell !3.t-Ad Of appointing elects then that cleo
! liou j. void. lne charter o! 1866 provided tor
ecc,ion If Chief Engineer ny the people, and
; was 10 force Wlen tbe act Of 1870 Vas passed.
! The am ndtd charter OF 1866 vas not affected
J by the ac. Ut 1870, bu rather streugt hened
thereby The act Of 1870 therefore repealed
! the ac; .: 1927. Inc e'atut; mikes no dlstuc.
TOD U3tWcCu the terms cnlct and principal a.
pr. fixed TO the w0rd engineer. All acts rcIat
lIg ~ the SAME person. Ur class arc 10 parl
matcra ADD must DC construed 10 manDer dc
duclbr from all OF them and be taken As one
! piece Uf Legislation The act ut 1852 has never
! Drco Repealed Except by SUITS .qucut amend
! ments Or atfi uIa i've rgisla,lJn inconsistent
! hCruw.t!,. the act OF 1876 excerpts al! persons
! provided for by the Constitution, a0d acts III
: accJr.iaurc Herewith, and surely caunot refer
! to the act nj 1927, because that act passed 81
! years before tr constitution Vas adopted eau
not Dc il accnrdance with that Instrument. Ii
( the &C: .! 1927 1XlstS now 1t exists prOpe vi2rt
AMI not b vIrtus OF the am meDt Of 1876.
/ Ii II exists roW II existed always Granlng
! that there IS ambiguity IN be receut statue VI
-. 1876 he court klJws the intention OF the leg
l>.a uro Was 10 restore the right Of franchise
anu aust c0nsru 1t as consistent With the
whole statute Would it not BE- queer to say
! chat the /, Sl>iaIurc intending TO III K: all the
! officers h.r- utjrG opp yintrd elective aud ,hen
! tuyn rouod aud max: th. Office Of Chief Eugi
uecr, au flee always elective, an Office OF APP
po!ntmenI Mr. ucrbu,r WIS tic only man
WAC had b-cu selected as mark. The Com
! nou CJuucll were the representatives OF the
, people aud p.vpuSei to carry out their wishes
aud yet iHey had assumed the arrogance t.
,icny the peoples choice hi position to which
! they elected MN and put their own faTorIte IL
, otIc,. Why this Wa, be was unable TO CON
prckcud.
Mr. S Dart argued that for ftEy years thu
CONSTITUTION conlal!cd the SAME cause rciauv
10 this franchise as the co i>titu ion OF 1869.
aud i! it is unc institutional DOW it was 81 III
th4t year. The &C, Of 1870 was an ei"c,ion act
only and died as ,uon a. It's OH 1ct WIS accOmE
i.sHcd. The act of 1865 was rep, ,ied oy cx-
press terms iu 1866 The act vi 66 did nCt
| ds>lguat. what IF crs should be elected, only
that the Clay Cuancii should declare au cleo
IIon by thu people. The act Of 1871 simply
tDuk tll- +, w9r awag r!m 1t. MI L:adbeat>
i rccog I'D by the Clty Couuc,l as The proper
Incumbent .! tuc I'll Il III ql@suou aud head OF
| .he urc department. Dir. HerDGar WIS not the
nnly man - receive the blow The larbor
| Master. t:rr Wardc0s, Jaai;o' Of the market
house, g., w"rc declared not elected in the
cIecrlon 1876 The legislature Intended that
Uh p. IS .,Ju be q g!Deral law AID Dot re
pealrd, Except by express rglslatloU. This
chapter 0! the code did MT affect towus hayl1g
| ire c1In pauius organized otherwise than a. Pee
scr!bsi. The Chicl h gloecr is State officer.
| liz ext hnant OF ii es 10 A!rxtHIrla Is 4.
/ public aru o., Il local Interest. but thG State
gives the CuuLci; the power to say who the
officer snail be. while the State Itself protects
hm. l. Mr. Herbuer Gains an oHic. It Is q
luancipl oic'. The code OF Alexandria gives
! me Cnict II queer the power TO opeu the door
| IT the fire house while the prluelpIe engineer
has ID" right TO control the fire ground, blow
| w. bus dl IS - arr 81 the progress OF the fire,
&c Ii Is 4 State uticcr and therefore clearly
TO b. elected By the Couhcll.