, 1876-05-02

|
Carried.
| 7nE cAxvAss1xo coxMsr1Ez
ported shst ID esnvas. vss eomplatsd. snd moved
~ ,t ,es result h declared sna spread upon ths
Ths return. .ers thsn read by thu clark and shs
suessssul candidates declared daily slecsst.
s hns ct ~ fsf III ,na
ass the CLERK ~ directed to spread ths record ~ sn.
Aid. spaldns mo,sd th.s the Clerk
AfNorxcs Tue VOTE FOE HA1oA.
Ad. Hehannse vaa moved to sJaculass aoh,
And Aid. Ryaa ealuA In with "oh, wstt TIL snosh.
AZ, fltzeer.'a norsd to isy The motion Of AID.
| csmpoel was On hla feet In . 1scond and sald hs
hoPsd the !..t gentleman would withdraw BIZ notion
psEtment bearing this subject Of csnvasalng tia
! AId. nysn-d!,e ~ The opinion.
draw h. naoop, and that geu,lensn nns!ly Tsldsd,
Tho Clerk then read thu following
opIsfox rRox THE Law DEPARTMENT:
| c11y Law DEPARTMENT, Cu1cAco, i.y i, 1s7o-Tp
s n9nStsst r. c,y coHn:'! q ~ ct:v 2, caa2o-
iu.loa as'ed by your honorable bdy IL sat sesa.
NJ meeting. hnd upon which you ssk the opinion Of
the votes cast At the recent election for Ma5or7
sftond-lf not, Gag she Coun:t! OF II: naccesaors
aleet 10 n1l *uch yacsncy one oi il number -''
T..s r. aossttoa: r ~ SPtn!eo a.t :. .n..sssd
for.
undcE our present charter, Constitution the act
o. April ls2|, sha City Council IRA authorized n e.
oifce Of Mayor and the une1prtd teEu shall be
year or oseF."-Art H., sec.2 It Also provides tho
oes Ct . ss T. ~ na
the Of regular annual elections. -Art 1vSo, et
From theso provisions u follows tina. il vacancy
happened iu ths Office Of MByor before the time Of
holding tho 1ast general oocon, towtt April Ia, IL
election Ia fill such vacancY, sud 10 publish notice
thereof. and In tie u required in tho
xSsesney 70 happening could not legally b. nlsa In
than ono year Dat tho Council rsfnsod s 10 ea n
~ s i as eap @sa
no notice q such election TO bo held tho 18th day
Whether such action Oh tho part of The CITY Council
was right wrong. II ts unnecessary TO discuss, b.
CAUSE. II you please let 1t be conceded to have bean
wrong. the concession In Tise changes the sttuA-
t!o. Tic result Of tho action WIS., and tbs faet is,
that no election was called for such officer, noco
II, tlen. 10 1pecsl election:hss been called to ill
vacancy iu tho Chico Of Aayor snd notice Of such
ss ~ tie aT sas b dona u syeS csss tho
election ia roid. This doctrine has been fully recog-
nized b5 the Supreme Court Of this ss.te-siey "
| H., 70.
"EleGtions a1ed hy lay 1t cer.in tlu,s aud place
" Sg,5 hodn shousn noee m h. nos 9osn
| quired Ia imperative"
People rel Henry ~ King ct Al. rs. City Of Chi
| cogo, unraporied. aud cases therein cited.
Tho act Of 1914 authorizes election for Mayor 70
b. held n 1s'3, md o!enn!.y thereAttsr; and no
Council In empowered to call al election II tho uncx-
di1od tto shall bc os year or more. i: will be
held in is:s @ md bonnsiy thersaftes m and ~ % teo
would be legal. although not!es OF auch election had
70, teen ZEE psesSnsiy published Or svsn nut an eee M
t}1ed by law. although such election should be held on
as!a for S,hsF s!;y % Sa.ssss =, xoald VI b. ).
q ii~ applicable ssreto Il Is true Tia. tte .ss Of
lB7: provides for annual election, which 4s gen
ye.r general ecstion for Iii ey ofces: Ths resent
| annunl election held on the 18TH day OF April
o ss MStn of as
eral election .hall bo held for Msyor. and
seen tha; event u bred on tho third Tuesday ~ April
1919 and bleuniay thereafter, that election for
Mayor held 1t other time must If nscea1!ty he
| spo:ial eietton. Otherwtae The term Of oEice Of
general ststion for that Office takes place Al tins
one year later than tho t!mo nxed By law for such
Every election. tho time Of holding which Is not
positively a1ed by law aud is to 10 t1ed by notice
in tue case under eonsider4tson ts speesal election
aud when held without uors being given - required
by law. auch election Is sbaolusey vnl.i
Nevertheless 1t apears that an election fos Mayor
At tho late general aIocssoa md returns have be-n
sde Of saeh votes to yous honosable bsdy. and you
now ask what your duty IN in the premises.
Holding the Yews AIove eIpressed, my adEtce to you
is Do nothing which will be Inconsistent with your
former action III refusing to call election for the
o!Co Of Mayor sud II ynu follow tlA RdVira you Will
aeclinp to take ocal co4nzancs Of the tor
hht Office. more your duty to oauyass the votes
s T' u a
caa Ut such election far the o!icea Of Governor
1uembor Of Congress. Such Action on your part
t!esnan for whom votea lsyo bsen given for Mayor
Tho Eetnrn should 10 preserved 10 tlst any gentle
ss % q ss y .f9 .na
thcn - oTldcncc ct tho vos ho received. Upon sue
proofs he may pussue his legal ronsdy eneesuallJ
od5. Id tho rosai. tnereor aec.red The aocirns a
hern contendod for is decided In tho Of the co
refused 1n4ndsnus to compel Of totes, hc-
cnuse, they kay tho records show that theso
holding :.the o1sc.ion IN sach : in,nneI @ ~
would gtyc tho public nottcs: aud no nDtico OF the
ees.on seems ese. to hays BEEN gtvsn The .otcs ot
motely voluntary collection Of citizens given undcr
circumstance that taxa from them vi claim to
| legality"
Tie remaining question to besoonsidered L., ''Csn
the present Couno sLsis o;cc declare
That vacancy exists In tho otrs Of aiaver+ and ls
gsy proceed L. TO i! .sh vacancy by Tho election OF
4 vacancy cannot be said 10 e11st In any Office
eepk upon kle ea2EpenaG oI nln c1 !o4E eseuAs AFet
| death; second, resignation; third. .rcmossl; aud,
fourth. hy operation oi law: To deslaro thst % "
vacancy. Such fact ca,uok be assumed, but must In
reality c1st, xhen 1t may follow tho declaration Of
such o1tane facs aad III necessary may
be lad which tls law authorizes 10 fill tho vacancy.
II. lLeu It cau b. said That yacancy Las harrcaei
lu she olce Of Mayor auth sarancy has occurred by
operation Of Aw. Now. assuming for tho purpoAe Of
the Argument that vacancy haA 80 occurred Ia Tho
otse Of Mayor thc Question thas hrst Presents iAef
fur confederation H. How and lu Whit manner
! such vacancy bn legally AIlel1
Hrc Of Art. II. Of tho aet of 1879 provides: Thai
| wheneveE vacancy shall happen IN tho onace Of
Mayer. when tho unexrret tern shall b. ons yest or
over from tho dato when the vacancy occurs. 1t
shall bo filled BY Al e'eeion.' And see Of tho ssnlo
article provides that II tho vacancy II lesa than
year. tho Ciy Council shall elect Of tta members to
| act Is Mayor"
From snrse provisions Of the atstuts Il manifest
that the solution Of The question, Low such
sscsucy to legally flled doponds entirely upon tho
answer tho inquiry. when did tbs Vacancy occur
1i,cauao, II The uns1ptrca tins be one year
from lhs ats when lbs vacancy ocours. Tho lAw ssyR
It shall b hllod by election and ii 10 less than
year tho City Council ahall elect OF IL num-