Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-09-01

u.ut O6fce ofthe Chief Signal Officer, WASH
'sntou D. g., Sept'r. |, ls76-lO:3O a. ~
In III, Middle and Eastern States falling ha
nmeter. rising temperature westerly to s. nth
arIy w;rds, partly cloudy W aiiler and l,cs
,.ins succeeded 10 night and OF! Saturday b
Using b. rom eter, northwest to northerly winds
md decidedly cooler weather
CHEF ENGINEER OF THE FIRE DEPART
ur>T. Pursuant to agreement the coutcste,
,,rc,op case of Leadbeater VS.. Herbner Wa
armed 10 the Corporation Court room, TO day
b fore t. w Wattics, So. who had been sc
I.r,i As arbitrator. MIR. Leadbeater was rep
rrseutcd BY G.. L Stuart aud George A. Mu>h
L,rh esos.. aud Mr.. Hrrbuer by Edmund
Burke aud VIM. kigour, esq. A number o
members of the Fire Department and other:
interested in the case were present.
NIr Mus!lhach, the opening counsel for Mr.
l.o,aDeuter offered 10 evidence the records Of
,lc formation Of the Hook and Ladder Com
,anr and CO umbia Company; the quaihcato
- Nr Leadpcater before Justice Bell as Chief
En,inecr for the present year; the by laws OF
the lire department; the proceedings OF the
C,,v Couuc,I Of July 6.h, 1878. eectiDg Mr..
In.1bea.cr as Ch'ei Engineer Of th4 fire de.
nrtmen; the proceedings Of the same body OF
J,i, 81, 1876. requesting the Opluiou OF the
Corn ration Attorney as 20 the right OF SUCH
bjy /, elect the Chief Engineer of the fire de-
y rtmert; tha proc .rdings of July 9th, 1876,
a,clttpg the opinion of the Corporation AT
t,rogy as u tue l-gailly of SO electlng, and
the election Of Mr.. Leadbvater in accordance
herewith.
Mr. f. S. Leadbca.er Was then pu, upon the
stand and IS, Ii Il nat be was claimant to
tie flee of Chief Engiheer of the fire depart
meu': had held that position for five years, be-
ing ), elected ty the City Council; was uomi-
ultri ut the election OF 1876 as candidate for
that poslion " lis friends.
Cross examined-HlS name was 90 the ticket
Tor re ,!cc ion 10 1876 by the people, and he
had never expressed any desire to have IL with
drawn; was ea:cu 10 the election by his oppo-
n, ar Mr. HerbDcr, by Twelve votes.
NJ. hiram Webster was placed upon the
stand by the arbitrator. Had been Chief Eugi
ur.r Of the fire department 10 500, aud was SO
&c d y the .uple.
Mr. Wm. B. Brown testified that he had
crtr. .tcd a peltinu in Alexandria for an
aucn ImeDt to the city charter, aud his object
va, TO get back the rights which had been
t.kru from the people iu 1871, and had gotten
over 900 sigma ures.
Mr.. A. {. K ii testified that he was Chief
Eariuccr OF tie fire department immediately
preceding Mr.. Leadbeater, ADD Was so elected
BY The people.
Mr.. T. n. Carter testified that he had pre-
larei the petition circulated by Mr.. Brown.
The petition was hen read aud offered In evl
ucur@.
Mr.. Henry Herbner testified that he had
been elected by he people as Chief Eugi Dcer
Of the fire department III 1876, and received
al, rh,n
offered ii, evidence; had requested members Of
the Common Council not to vote tor tim as he
dbl uo recognize ticic right to elect hlm, be-
ios elect as ne was by the people.
Mr. Burke offered 10 evidence the salary bills
Of til" thcyrs OF The corporation, Including the
Chef Engineer OF the fire department.
Nr. }. NJ. Johnsou testified that he had
sguvd petition to the City Council, but not
IL tie L"sislaI urc Of Virginia; his Dame was 90
the petition to the Legislature, but such name
was not authorized by him 10 be placed there.
Mr.. Mushbach in opening the case argued
that no distinction could b. made between the
apycla,on chief and 'priLepap engineer. The
charter o. 1852 provided that the Chic! EGgl
necr ,hould DC elected by the people. The Tor
matlor c: the fire depArl N ut Is under the 55th
section OF the code, aun was empowered to en-.
acl by laws Tor Its own government, aud there
Wa tot evidence to show that prior ~ 1871
H.. corporation had the rig ht to SO enact such
law. The Wheeling Legislature 10 1868 re-
prulcI the act of 1852 and gave to the City
Council the right to say whether Chief En-
pIn'cr was necessary Or eXpedent Tor the good
yvvcruln, ut of Alexandria, and would unt de-
sIguatc what officers the City Ccuncl Vt Alex
nuila should eject. But III IS and G6 The
!. g,,aturc prescribed what the offices OF Alex.
aldria should b.. The amendment 1T 81 recog-
r:z.i the entire enumeration Of Office 10 60
All Ct as municipal officers merely. The act
Ct ISL lcpeais all former charters because 1t
cuLH e., with them, and here c. asses to euume-
t4v what officers shall be municipal, but leaves
ito the discretion Of the Cry Council The
code OF the corporation does DOT shUw that
Chief Eu1iuccr is necessary othccr for the
g'oi ycrnmcnt of the CITY, l. G. that The City
Council dccm him such. The act OF 1876 says
al! ihc,rs and clerks shall be elected by the
people. No enumeration was made stating
wh, tn" officers were. The people had 40 au-
thorIty thereby to put the Chief Engineer On
The ticket, aud the only power which had the
authority to designate was silent. The CHI
E.slEccr is quasi State officer. When the
CHARTER Of 1871 CEASED to enumcratc Dim then
his oilc; ceased TO exist. hen the City
Council Of Alexandria elected Mr.. Leadbeater
they intcudcd that he should be principal
enrInccr, and the fact of calling him Chief
i slnccr Was mere MISSIONER. What
their intcuton was governs the case and
uo By what name they called the officer.
There VA, no proclamation designating to the
lcopic. wha, officers should be placed upon
The tlcAct IN the election Of 1876. They voted
lar halbor master. jantor Of market building
and oihv:>, which had sluce been declared
VOID ana the offices otherwise provided tor.
lie S!i >ec''on OF the 55th chapter OF the
Code, anu the act OF 1876 are Inconsistent
win each other and canuot stand together.
he acr o 1875 is local statute and caupot
pes The general law except BY direct lmpll-
"lvn. Ii the S:h section of chapter % of the
"1e aud the recent act Of rs can be construed
%s.iheT then they mus: both stand, and tins
'rhg the case here, the Chief Engineer is elect
saoy the Council, rs provided by the said sth
%lilon. MIR Mushbach then dwelt upon the
constituencies of the new act and concluded his
s'>ancnt
Ai2 clock recess was taken.