Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-05-01
COMMUNICATED.
The MayOraIty Question.


sary thing to reply to the assaults uIade by DIR.
J, B. johnson upon that position. Though
some think the arguments used against Mr.
Kcnper's eligibility are 80 udlcrous as to be
unworthy the compliment of an answer yet to
prevent we'll meaning, but uothinking persons
from being deceived propose to devote lit
tie time to au examination OF the question.
The 34th section OF he act of lS7O-'7l, page
1872, amending the charter OF the CITY of Alex
audria, is as follows:
1.-THE Mayor Of the city OF Alnxsndris shall
bs annually elected by the qualified voters al
the times and l.lacss and in the manner that
members of the City Council ere elected pro
vided that the present incumbent OF said ofiee
shall hold his Office for the lime for which he
WAS elected under the existing laws. Tic shall
hold bis Office for one year, and until success
sor is chosen and quslsed in his stead. ut the
OK pira.ion of which period he may be re- elect
ed for two terms excessively, and no longer
until he shall have been out CT cthce for one
yaar.
He shall, before he enters upon the duties
Of bis Office, take an oath or affirmation in The
presence of the City Council faithfully TO exc
cute his said Office, which shall be recorded IN
its book Of proceedings He shall see thar the
laws of the Corporation be duly executed: aud
in he event of the removal OF any officer by
his order, he shall communicate the fact with
his reasons therefor to the City COuncil with
ou, delay, that the vacancy may be iIle!. He
shall have power to convene the City Council
whenever, 10 his opinion, the good OF the con-
munty may require it: aud he shall lay be-
| fore the City Council from time 10 time, IN
| writing, such alterations 10 the laws OF the
| Corporation as he shall DEAN necessary or prop
er. He shall have aud exercise all the powers
of Justice of the peace within the said city,
and shall receive for his services annually, u
lust and reasonable compensation, to be allow
ed and fixed by the City Council, which shill
not be increased or diminished during The pc
| Rod for which he shall have been elected. The
election Of Mayor and members of the Board
of Aldermen and Common Council shall be
held on the fourth Thursday in May 1871, aud
on the fourth Thursday ln every succeeding
wear thereafter at such places and by such per-
sous as the City CouocI shall select.
Before proceeding to analyze this section and
show what does it mean, let II. keep these two
facts prominently before Us, w:
lst That when TIL" law, OF which the above
is part, was passed, The then 'iucum bent
was Hugh Latham, e>q.,-a gentleman exceed
iugly tenacious Of his rights.
2nd That Mr. Latham had, previous to the
passage oil that law, been elected Mayor for
the term Of t,co yeors, aud at the time OF It's
passage his tcruu had not near cXplrct.
These two thugs have been overlooked in
all previous discussions of this question, and
yet they have most Important bearing upon
it, and enable u TO find the meaning Of the
law withou, difficulty.
Now let uS take up SO much OF the Bah
section as bears upon the case, scnteucc by
senteucc, and see If it meaning is DOT 50 plain
that be who runs may read:
"The Mayor of the city OF Alexandria shall
be Annually elected by the qualified voters, at
the times and places and in the manner that
mcubers of the City Council are elected.
There is nothing ambiguous about that lit
refers to all future Mayors Of Alexandria, not
to Mr.. Latham merely, but tn all that may
come after him until time shall be 90 more,
or the l. gslalurc changes IT'S mind 1t is the
only law now 10 CXslcucG authorizing Us TO
elect Mayor.
"Providcd, that the present Incumbent of
said Office shall hold his office for the time for
which be was elected under the existing laws.
The present Incumbent, AZ wc have already
said, was Mr.. Latham. At the time he was
| elected ''thc existing laws liked the Mayor 5
! term of office at t,c0 years, and he had a right
to serve during that period. In ISL, some OF
| the people. il matters not whom nor why,
wanted the charter amcniei IN several partcu-
lars, and among Others to change the Mayor :
term of office to one year with the privilege
! or right to lc reelected for twn success
sive terms. a bill was prepared containing
that provision, and naturally and righteous
y MIR. Latham became alarmed. He rep
| resented to those who favored the bill that
| If it was passed as it stood the effect would be
| to legs'atc him out of nearly. or quite half the
| term for which he had been lawfully elected.
Recognizing the justice OF his claim. they, at
his instance as We are informed, inserted the
| above proviso In the draft of the bill, and it
means ohing more than if the Legislature had
said, eve will let Mr. Latham serve out the
term for which he was elected and the law
| changing the term to one year shall not 90 into
operation until he STEPS down and out. The
proyiso, therefore, is the only part Of the whole
section that relates exclusively to Mr. Latham,
and it was inserted to quiet his apprehcnsions
| The entire remainder Of the section refers to
the Mayor, ,0hoeuer he may be, and not to MIR.
Latham solely, aud we will prove il:
HE shall hold his Office for one year and un-
I'll a successor is chosen and quul6ci 10 his
stead. at the expiration OF which period he
may be re. elected for two terms successfully,
and no longer until he shall have been our Of
office for one year.
Who is meant by "Hc?" Not Mr.. Latham
alone, surely, for the Legislature had settled
his case by giving him his full term. They cut
mo the thread Of the section for the urposc
of legisating for him, aud having finished that
part Of the business, they began at the point
where they had lett IF, and resumed the con
sderation of the real subject OF the section, viz:
the Mayor generally, aud not Mr.. Latham 10
particular. The Legislature did not mean that
MIR. Latham should hold bis Office for one
year" for they had just provided that he
should bold it for his full term, viz: two years,
or such part thereof as might then have re.
named. One must, in constituting a statute, en-
deavour to harmouizc apparent conHio's and not
give il meaning which will cause the L"gis-
Ia,ure to appear to contradict itself. Clearly,
therefore when the Legislature said, "He shall
hold his Office for Que year. &c., they We're
rslerriug back to what they had begun to
legislate about, to wit: The Mayor Of the city
generally The He they meant Was he whom
the qualified votcrs should anuu lily elect Tor