, 1876-04-23
THE ELECTION OF MAYOR,

Tbs general interest in the recent election
has been increased by the certainty that the
new Council will have q large majority of re-
spectacle businessman This certainty has
intensified the desire that the head Of the
City Government shall be in harmony with
tbs Common Council, that the city may be
rescued from its present helpless condition
Of financial distress. There is q universal
wish that the present Acting Mayor naay be
deposed if there be any legal method Of 30
doing. The attitude Of that question stands
at prasent as follows:
Mr. CoLvN was elected Mayor in Noven-
ber, 1873, to serve two years, In April, 1875,
the new charter WIS adopted, repeating the
one under which Co1vm Was elected The
Constitution provides that *'No Law shall be
passed [by the Legislature] which shat operate
after his election OF appointment. The new
charter contains the following provisions:
/. Ths chief executive officer Of city shall b I
Mayor, who ahan b. and hold hfx once for
two yea1s aud until hts sacosssor il elected and qual
lied.
z. Whenever \ vacancy sh&l happen tn tbs ofico Of
the Mayor when the unoxpi.sd tarzn sha b year
or oyer from the data when ths vacancy occurs, 1t
ahal ba 1llsd BY IN election
8. II ths Vacancy il less than one year the City
Council shall eloct one Of fa members to act Mayor
l. Agenerz! election for city oHcers ahAu b hald
On tho third Tuesday In April Of each year.
s. At the general election held in 1878, and bfsnnfh
II theresfsr Mayor shall be elected in each city.
G.. II majority Of ths votes east at such
election [on tho adoption Of the charter] shall b for
such organizations under general law, auch city sha
thencafoh be deemed to be organized under this ac
And ths city otacer1 then In otdcs shall thsreupon
e1etcse ths powers conferred upon Uks officers In this
aos until their succeasozs shall be elected and qualified
This is tbs law governing this question.
Did the adoption OF the new charter "oper-
ate to e1tend the term Of the Mayor beyond
the term fn which he was elected Did it
extend the term of the Mayor beyond the
next "general election in April, 1876? Did
it extend it to April, 1877? If SO, what be-
comes Of tho prohibition Of the Constitu-
ton ?
Did Co1sns legal term expire in December,
1875, leaving the Office vacant to be filed by
special election, or at the next regular election
in April, 1876? Was there a legal vacancy
in the Office at the time of the recent cleo
toni ? If there wers such legal vacancy,
then it is claimed-and We have no doubt cor
rectly-that the failure Of the Common Coun-
ell to call special election, or the refusal of
the Common Council to canvass the vote to
fill such vacancy, cannot not vitiate or defeat
An election actually held on the day and at
the places provided by law.
At the recent election nearly 10000 per-
sons voted for Mr. THoAAs HOME for Mayor,
and, On the assumption that there was legal
vacancy then existing, his friends claim that
he was elected Mayor to fill out the term end
ing in April, 1877.
On the other hand, there are those who
claim that the new Common Council can elect
ono Of their own number Mayor, the vacancy
in May being for less than year, and the
new Council will certainly do this unless
it bs date1nined that they have 10 such
power.
Right hero is a fair chance for contro-
ve1sy between those who believe Mr HoYNs
was legally elected aud those who think the
Mayor must be elected by the Council. For
tunate1y, however, there is a way to reconcile
the conflict. Mr. HorSr accepted tbs nomi-
nation by the mass meeting, not because he
wanted to be Mayor, but because h could
not reject tho nomination tandered under
such circumstances Hs consented that his
mama might b pssd u meap& vdk1nhy TIN