, 1876-06-04
THE MAYORAL CONTROVERSY,


dining in the street like Paris?
THE MAY0RAL CONTROVERSY.
It is expected that the Circuit Judges wi
have agreed upon judgment, and that
will be announced to-morrow or soon after
in the case of HoYsE and Co1v1s, as to whic
is lawfully Mayor Of Chicago. In the argu
n,ent it was stated that the case was withou
precedent as to the facts, and that the vita
question had never been adjudicated~ Con
sidering the multiplicity Of elections for al
kinds Of Offices in all the States Of the Union
covering long period of years, it is some
what remarkable that no case OF this kins
has ever arisen The facts are few ant
plain.
In November, 1873, Mr. CoIvN was elect
ed Mayor, to serve, under the charter, twt
| years, or until December, 1875. At tha
time there was on the statute book "gen
eral act Of incorporation which provided
that, upon the petition Of certain number
of voters, the Common Council should sub
NIT to vote of the people, at special cleo
ton, the question Of incorporation under
the general law" This general law pro.
vided for the change Of elections from
November to April, and the election OF
Mayor in 1873, 1875, 1877, and every two
years. In order to prevent an election for
Mayor ct the time fixed by the new charter,
April, 1876,-the Council provided for q
special election, after that date, on which
day the general act Of incorporation was
adopted; the result was canvnssed q few
days later, and the new charter became at
once the governing law Of the city.
The new charter provided that there should
be q general election for city officers on the
seco nd Tuesday in April Of each year, and,
at the first election after the adoption Of the
charter, new Common Council shall be
elected, etc.
The Constitution prohibits the enactment
Of any law by the Legislature which shall
have the effect of extending the term IF any
elective officer.
The new charter provided that the per-
sons in Office at the time Of its adoption
should exercise the powers of similar officers,
whose election was provided for in the char
ter. until such officers were elected.
In December, 1875, the term for which
Mr.. Colvin was elected, under the old char
ter, expired.
The new charter provided that when there
was vacancy in the Office of Mayor, and the
une1pired term was over year from the
happening Of tho vacancy, the Common
Council should call special election to fill
tho vacancy; if the vacancy was for less
than year, then the Council was to fill the
same by electing one of their own members
Mayor.
Approaching the time fixed for tho "gon-
eral election" in April, 1876, the Council
were petitioned to call special election to
fill the vacancy in the Office Of Mayor. The
majority Of the Common Council refused to
call the special election.
Mr. Co1y1N claimed that, as be was Mayor
when the new charter WIS adopted. he was
continued in that Office until the general
election in 1877, when Mayor was to be
elected for a full term. The general public
claimed that there was no power to extend
the term of nn elective officer, and no power
in the Legislature to designate man to hold
IN Office. It was further claimed that va
cancy existed in the Office, beginning at the
adoption Of the new charter, or at the ex-
oiration of the term for which CoLv1S had
been elected, in either case the vacancy
being for more than year that the people
.ould not be deprived of the right to elect
Mayor by the factious refusal Of the Common
Council to give notice Of such an cleo
ion; and therefore on the day of the election
If other officers, at the sa1ne times and
,laces about 10 900 persons deposited ballots
having thereon the name Of person for the
,ffice of Mayor, Subsequently, these votes
we're canvassed by the Common Council, aud
Mr. HoYNE was declared elected Mayor his
light to the Office has been formally recog-
,ized by the Council, who have acted on his
etc. HoYNE being de .tacto
Mayor, Co1v1s by writ of quo toa,ranto has
brought the question before the Courts.
The decision Of the Court may take any
me OF various directions. Tho Court may
lecide:
i. That the new charter extended Co1v1S's !
erm until April, 1877, in which case there
las never been vacancy, and CoLv1N is |
1ayor de jure, and HOME an intruder.
9. That the new charter deposed all the !
Id officers, authorizing them to act merely
$ hcum t<ueas until IN election was held to
IL all the vacancies or,
3. That at the expiration of ConvrS's
srm in December, 1875, the vacancy occur
ed; in either case, there being q vacancy, and
lore than one year elapEing before regular
lection Of Mayor, it was in the power and