Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-05-02
CANDIDA TIES.
[Al cards inserted under this caption must be
paid for in advance
ITO The VOTERS OF THE CITY OF AL
l. EXANDRIA,

II. EAAN DRlA.
As the time is approaching when the people
of this city will be called upon to elect Mayor
and as the question Of my eligibility to that
office has been raised, it is proper that l should
define my position.
There never has been doubt in my own mind
as TO my eligibility for reelection. The 34th
section of the city charter admits of no other
reasonable construction than that the same per-
son may be elected to the office oil Mayor by the
qualified voters" of the city for three success
sve terms. However, while this was my de-
cided opinion on the subject felt unwilling to
trust entirely to my own Judgment, and there
fore, submitted the question to two dislnterested
legal gentlemen of acknowledged ability, with
the declared intention to abide By their decision,
whatever it WIS, if they agreed.
Their written opinions, which were handed to
me this morning and which are hereto subjoined,
fully confirming, as they do, my own construc,
ton of the Bath section, hereby respectfully
tie ctice Of Mayor at the approaching May
election. &. kEMPER.
f. Eemper, ESQ.,:
Dear sir: In answer to your favor asking for
my opinion in writing as to your eligibility for
l respectfully submit the following:
The Bath section of the charter provides that
the Mayor Of the city of Alexandria shall be
annually elected by the quail fed voters
lnaL Ne sHalt nOlQ MS once lor one year
81 the expiration of which period he may bore
elected for two terms successfully and no longer.
This is the reading Of The section ss 1t bear:
upon the question of your eligibility to q :e.
election.
The simple question is this when is Mayor
ineligible to reelection? ] answer when ne has
been elected tor three successive terms by the
people.
lis disqualification does not begin to run until
he has been elected by the people for the period
of one year, and the section is explicit that ut
the expiration Of that year he may be re- clected
for two terms successfully
The 7th section provides that in case 3 vacan-
cy shall occur in the Office Of Mayor, the City
Council shall elect qualified person to supply
the vacancy for tho uneXpired term.
This section has no reference to the Bath Sec
ton. There is nothing in the charter that gives
IN election by the Council to supply Il vacancy
for an uncxpired term the same effect, rs an
election by the people for whole term, and the
rules for the construction Of statutes do not per-
nit Of such an Interpretation of the act.
the incumbent would have the right TO be
e.elected as often as the people might choose to
re-e!ect him, if there were no provision in the
charter qualifying that right.
Whenever statute is il derogation of right
it must be strictly construed, and as this statute
is in derogatlon IF the right to be elected rs
often as the prople might choose to eIect-in that
it provides that the Mayor may be elected tor
three successive terms and no tonger-thls ais-
qualification cannot be extended By implication.
To SAY that person who has been elected by
the Council to fill vacancy for an uneapired
term is not eligible to an election for three sac
ccssive terms by the people would he TO con
struc the act as If it read that person might be
elected for three successive terms by the people
provided, however, that if he hal been elected
by the Council TO fill vacancy for al unexpired
term he could not be elected by the people for
three terms SUCCESSFULLY This would be to
make u law, not TO construe one
Very respectfully. &c,
II. y. CLACGuTON.