Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-07-07
CITY COUNCIL.
An adjourned meeting of the City Council
was held last night.


was held last night.
BOARD OF ALDERMEN.
No business was transacted IN this Board,
which, upon the return from joint uuon,
Immediately adjourned.
COMMON COUNCIL.
The Council chamber was crowded at the
meeting last night.
The president announced that the business
was the notification to the Board OF Aldermen
that the Cammou Council was ready to resume
the unfinished business of the last convention,
viz: The election Of officers
The Board of Aldermen entered the cham
Der and the president announced that the busl
ness before
THE JOINT CONVENTION
to be the reception oil the upialou OF the Cor
poration Attorney, who was present. and that
the convention was really to receive It.
Mr.. Stuart then read the following opinion:
To the Joint G nuention Of the City Council
of Alexandria
/ return herewith the resolution of your body
of Monday, July Sd, with my opoinou upon
the questions thereby submitted to me, as fol
lows:
LIST. Has the City Council power to elect the
Chief Tor PRINCIPALLY Engineer and Fire War
dens?
| answer this question in the affirmative.
Neither Of the officers above alluded to are
elected under the City Charter as it stands now,
or as il was before the amendment, but uDder
section s, chapter 55, Code OF Virginia, which
provides there shall be dppoanted at such tine
and 10 such manner as the Council Of such
town may prescribe, principal engineer, and
likewise so many fire wardens as the Ccuocll
- rol llyp In.,h -
to the whole State and, IN my OPINION, IS IN no
wise affected by the amended charter.
3D. JaDitor, or Steward Of Offices.
canpot consider that this position is an
Office. As this word is used in the Charter, and
only officers land clerks are elective by the
people; rather, it is a mere employment, incl
dent to the right oil the City Council to pos
sess ADD enjoy lands and tenements,' and by
virtue of such possession, to prevent It's prop
erty from going to waste, by employing persons
to guard it. | am, therefore, OF opluon thlt
Couuc has power still to employ Ja0ltor, or
Steward of Offices.
| Sd. Is there vacancy in the Office of Collec-
| tor of Taxes for the Northern District and if
| so, has Council power TO fill it?
| The amended charter, after providing tor
the election of officers and clerks, provides {:
| The City Council may take from them bonds,
with sureties." &C., and the ordinances OF the
city, after requiring certain officers, before en-
tering upon the duties of their respective Offices,
to give bond, with good security. (amoug others
the Collector OF Taxes for the Northern Dis
trict, provides: Every such bond and security
shall be subject to the approval Of the joint
Committee of the City Council on Finance and
Salaries, and shall be submitted to said COM
mittee within fifteen days next after the cleo:
ton or appointment of the officer, and should
any such officer fail to give bond and security
% aforesaid, to the satisfaction of said commit.
,ee withio the time so prescribed. the said
committee shall report such failure to the City
Council at their first meeting thereafter; and
the City Council shall proceed to elect another
person to fill the place OF the person So failing.
This being the law. the facts, as l understand
them, are, that James Fossett was on the 18th
day of May last elected by the qualified voters
ofthis city, Collector OF Taxes for the Northern
District of said city, to serve for one year, his
term of Office beginning July LIST, 1876, that
he failed within fifteen days TO submit his bond
to the committee, and that they reported bis
failure to the City Council, which has not since
acted in the matter; that after the expiration
of the fifteen days. he rendered his boud TO the
committee, and through them, to Couucll.
| Under this state Of facts, l am of opinion
that there is no vacancy In this office at present.
| By virtue of his election James Fossett was
| Collector, 80 far as his mere right to the othce
| was concerned, without regard to his BOND. lhe
election having thus invested him With his title
to the Office the ordinance requiring him to bile
bis bond withiu fifteen days, aud providing that
on his failure to do so, bis Office should be va
cant, operates as deleasance, that is cause
of forfeiture, and not as condition precedent
TO his becoming an officer. 1t is urged, how.
ever that the ordinance Of the Corporation
quoted above, vacating the office 10 the event
that the officer fails to give his bond within the
required time, is imperative, and that such
failure absolutely and iustaDtaneousy creates a
vacancy 10 the office and divests the title OF the
officer without the institution OF any legal pro-
ceediugs to have the fact ascertained and ad'
Judged, hence it is said that Fossett is not the
Collector, his right to the office having been
completely aud lrretrievably lost by his failure
to file bis bond within the fifteen days. | do
not think. however, that the mere failure of an
| officer to file his bond within the prescribed time
effects his absolute aud instantaneous removal
| from Office; the failure TO comply with the re.
oulrement is cause OF forfeiture, but not for
| ielture ipSo facto. The ouly efficacy impaired
to the official title of an ofher eject by stIlct
| com Dl1a0Ce WILD tueSc uiItCllCus 10 W pIOtcCt
the title against forfeiture. This being my view
of the law governing this case, it follows as my
conclusion that the failure of a legally elected
officer to file his bond within the time prescrib-
ed does not, by it unauled force. operate his 10,
Simultaneous removal iroul Office. Two modes OF
| procedure are left to Council, namely:
| lst. 1t may proceed to enforce the forfeiture
| BY declaring the Office vacant by reason OF the
failure OF Mr. Fossett to give the bond within
the required time, or by removing hun from
Office for this cause, thus ascertaDlog aud ad
judging the fact that there is d vacancy. Alter
having done this it may proceed to ill the va
cancy by eIectiug or appointing collector in
his stead for the unexpired term; or
| ID. Ii may excuse his delinquency in failing
to give the bond within the required time BY
authorizing the acc ptance of u sufficient bond,
and thus cure the defects of his title, ADD con-
vert it iuto title de jure having relation back
to the time OF his eIecuou. That is to say ii is
- IL for