, 1876-01-30

Ihe supreme court or uunofB mas neRtu
the application of the Citizens Association
for mandamus directing the Common Coun-
Gil to call special election to fill the existing
vacancy in the Office of Mayor OF Chicago.
The Court has announced its inability to
make decision in the case. There being no
decision in the matter, the whole business,
law, and facts, remain in just the same con-
dition in which they were before the applica-
ton for mandamus was made. The law
las received no Judicial Interpretation.
Under these circumstances, the Common
Council becomes Judicial body, possessing
the power to interpret the charter by order
ing an election, and leari ng the Courts, in
case Of any controversy, to determine the
question upon q new state Of facts.
In April, it is conceded by all, there must
be an election for thirty six Aldermen, to be
elected in eighteen wards, if the city bo To-
districted, or by general ticket in case there
be no new division Of the city into wards
In addition, there are to be elected an Attor-
ney, a Treasurer, and all other officers who
have to be chosen by popular election. The
Mayor denies the clear and obvious meaning
OF the law, and maintains that he is Mayor
elect until April, 1877. The result Of this is
that, though We have an entirely new divi-
sion of the city into wards, with reduced
number of Aldermen, all to be elected, andan
election for all the other city officers, the
revolution is incomplete, because the Mayor,
the Chief Executive. is not to be chosen.
Now, the Common Council have the 1egis-
1ative power to declare TINT vacancy, with
more than one year Of the term une1pired,
exists in the Office Of Mayor, and there
fore they can call special election, to take
place at the time Of the regular election for
other officers, to fill that vacancy. What pos
sible objection can there be to such an ar-
rangement? It does not necessarily displace
Mr.. CoLy1S, who can be candidate at the
election, and who, if he have the support Of
the majority Of the people, as he claims to
have, will surely be reelected. He certainly
should not wish to retain the Office against
the popular will He certainly should not
wish to retain it on pecuniary grounds, be-
cause there are few honest men in the city
experienced enough to act as Mayor who
would accept it with its responsibilities for
the legal compensation. He certainly does
not wish to hold it while perhaps nine-tenths
of the community regard him as no longer
legally entitled to the Office, and as mere
usurper. Indeed, the incumbent might well,
under the circumstances, relieve the question
Of all doubt by resigning the Office, and allow
ing the new charter to take equal effect in all
branches Of the City Government
Mr.. Co1yN was elected Mayor Of Chicago
in November, 1873, for the term of two
years- That term has long since expired.
He is therefore in Office without having been
elected By the people. An election for all
the other city offices takes place in April, and
we should suppose that the Acting Mayor
would rejoice in the opportunity offered him
to let the people by their votes either re-elect
him or elect some other person, if 50 disposed
But, whatever may be the feelings of the
Mayor on the subject, the duty of the Com
mon Council is clear one. They should call |
the election, let the people express their
wishes at the polls, and leave any controversy
that may arise to be settled by the Courta.