, 1876-05-08
Tho Hon. Thomas Dent Says Tho
Lato NTayoral Election Was
Fit and Appropriate.
And Tho Council WIN 30 Justified in
Canvassing The Vote and An
nouncin9 the Result.
The Hon. J, N. Jewett Pronounces the
Election Valid One, and Fur.
tier Says
That on tho Qualification Of the Mayor.
Elect Colvin lfust Step Down
and Out.

kA0t on THO VnnllllcQtlon or the Mayor
Elect, Coly1n hTust Step Down
and Out.
Tho following Ia tho full to1t Of tho 1ega
sptnions Which ncro presented by tho Hons
Thomas Don't and ]. N. Jeuot. to tic caucus q
tho anti.1sng menbors Of Tho now Council o,
Basurdhy afternoon. Thoy aro worry abo and cx
hnustivo documents. Mr.. Dcut holds that. n
lho present hmc, tho Council capno
bloct 600 Of tta members sa Mayor
Is there Is no vacancy Ia tho Office; II no cleo
hon for tho Office Of Mayor has boon hold It /,
III tho power OF the Council to order ono: tia
tho Council would bo justified In canyass1ut
tue yots cast for Mayor at tho last election
and In h!s opinion 1t was 1T and rropor iLat tht
people should have hold al oloct,on for Mayo,
n April last.
MI. Jcwett squarelY c3rreaaou II rs bis opin
lon tlnt re recent olecs,on for Mayor is ralld,
NC and that Nts tho tight Of tlo Council! TO CANVASS
The vote cast for Mayor at TINT election declare
tue result. and rocoRnizo as Mayor tho poteou
10 elected. upon Ills qualification in tho way pre-
setsbed by Law; aud that the right OF the pros.
qualification Of the Mayor.olect, lie Hon,
Thomas Hoyno.
THE non. THOMAS DENr's OPINION.
on1o4oo. Mayo.-1o &c non. at .hroop and 9th
H. Ssy ess.xs ss!sa ~ seGns a%ass q
ARA lsS3 iev. Slut ISL p .ea an.'oTHs TSe
hs sss ,a o. n day o.
Just mentioned has governed The ely X
ntcesatato Immediate CHANGES nMd iii ,,nt ."rni,t
any special election for ciy officers. The act Joes.
however, leeguate the third Tue.jny IN ir.JI H.
each year % tho timo for holdjno Tennrsi
election, tho words heiIg these "a 0eiiernt eicctn,,
tor fi.y officers % shsl bo @ hed on the ,a Tuesday
cy election VA therefore c1d q hit }ne nio IL ss
rear aud has given rise 10 Important questions
Council, Of which qucssious, especially. Is. WAT
hiking tho votes cast at that ole>sion or t6u oco 81
Under these circumstances, certain members Of thu
Common Council about to convene have sstcd nc to
liona: 'e''
trAt-cau tho Common Council, In tho existing
ts,1 a n,s. ssI ysr q i own members to
steond-Can The Common Council order an election
IT. Mayor by tho gsolls7 -'>~''
vote cast for ayor u ths recent clocon aud had he
sas Hs xpts sass es Il. Il
geson That the fact Of vacancy In tho oco oi Mayor
nl1yht be assumed; but liberty has now bean given
l. mn not of ihe opinon on that s liz Common couu
, sxa number ~ ' e no. ~ Mayor for ts nsui
adoption Of tle csster, j. entitled to s1crsse e
tne ppwefs ot hinyor Until ha successor shall bc
atosessit9 In my judgment, the word elected. ~
flcrs use as reference to an election BY people,
nent Of Mayor to tho Common Council in tio tjrst
tnstaEce. The Law fa1ors Al election by tho people,
from it, own number IN other ovc,.t than tho Ian,
tenia8 OF vacancy within one Of tho cxpl1u,tpn
=, me term Of the officer elected by the people. AZ
hushof1t1ca Tor tic proposition that no
Tho following may De cited: TLo pcopiu VI. VI.
Horn, IL Wendell, el8; Tappan ". ursy IsiEr 67
Aence tho contingency In which the Common Council
could elect on. of ts number To A{syot hss not
Ssi ~ oeSasFs%. Gn e.. .,co,, o,,.,,o., H.. o..
Council order ~ election Of Mayor by the ptoElvY
have to say that II is my opnon that it Htlch ccc-
E1n nas ~ oeen ~ uSdss Tue present city
secton This ansWuE: 1t " true. Involves tho iIrop-
Aa power OF tho ohics when lho law lbs nut III terms
sxn ~ T;as snnent. declared tnat As zan
eection 10 ho arld tn ls77 ills also equivalent 10
,ay,ng TINT he has not Ind granted to him certain
issui, expiring Al definite poriod: certainty not q
The question then q, When may .ueh h~>eia,' aies
ot tho set iusende.l that tho person occupyiau
~ piseo under TO od charter should bold ior
en MeuS TGr 1t ~ % a. H.
nora ~ oneS must be found II tho following Wors
Tao ci onssEs IN oh1es At Tho Tins of tho orsanI.
ferfed nRon IKE oce1. ia this act uu.i thcr auccos
boIs shan % elected aud q1allhel." Mr. Covtn VIA
sectet nnuer tho former city charter, hold tho Of
nse ~ ior ae tsfa ;wo year, fFom The FIRST Monday
nsseinoel m s .. n. !sds and nat charter had
manned u 1o9eo hls sIeceaaor hnl ono bfcu elected
%onla Aass been sntiled 70 take Ae otce the rst
hohuay ol UeceMeof, 4. u. lb1t The. e1ect Of the
saepeh o. t9e now charter a tho election held tho
"a y april 16IS' WV 70 give each aud eresy QUO
o. sns eit5 oNleel1 thsn IN eflcs Just such
e1a,s @ Of oes a. ~ !, ~ tpsssd In hs now
uon Of Mayor = Any ttIne beloso the expiration Of
las tesm 1oe Whcn AT. Town wac originally slsctol,
lie COULD NOT COMPLAIN
Nuce tho law under which ho was sloctui was su,ct
20 ~ fcfaou &hd 4e h2d 10 yodted right 10 tho Of
Aee tIla Feonle, otc.. 70. Auditor Public Accounts
sSs,nmen, 6st ~ ttsn va therefore subject to
pe laerninod W ths repeal of Tho law under which
70 hed the oitice md W. must !nok U tho e1isttn
Law II regulating tho tenure Of his ofico or olcsi
powsrs. --...-
no u M nov r. e1erclsng ths roross conferred upon Tie
plaza norely who pxesc!ae nucl Fowors un-
t lss H,ceessur sllAsl 30 elected antt qualified.
There does not aes1a to 10 anything In tie net that
eana ~ ny opnton ~ lsld to operats positively
asmatlEely TO e1seld tho term ot any officer bcyun
mo elte 8or which hs wAs elected; In a+r WORTH
Gsyont Tue time Of AnI al.esI or general eItctsvu
IN