Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-04-29
CdNDID.A TES.
IAll cards inserted under this caption must be
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TO THE VOTERS OF THE CITY OF AL
EXANDRIA.

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 tina.
office has been raised, II Is proper tnat snouiu
define my position
There never has been doubt in my own mind
as to my eligibility for reelection. The o4th
section of the city charter admits OF no othef
reasonable construction than that the same per-
son NAV be elected TO the office oil Mayor Dy Inc
qualified voters" of the city for three success
sive terms. However, while this was my oc-
cided opinion on the subject, felt unwilling to
trust entirely to my own Judgment ana, tnele
fore, submitted the question to two disinterestea
legal gentlemen Of acknowledged ability. WIN
the declared intention to abide by their decision,
whatever it wss, if they agreed.
Their written opinions, which were nandeo 10
me this morning and which are hereto suo)oineo'
fully confirming, as they do, my, own constrIc tm
tion of the 34th secton hereby respectlu'!y
announce myself candidate for reelection TO
tae office of Mayor at the approaching g May
election. n. hHMI Hn''
Dear Sir: In answer to your favor asking LOT
re election as Mayor Of the city of Alexandra
I respectfully submit the following:
The 34tn section of the charter provides that
the Mayor of the city of Alexandria shall he
annually elected by the quail fed voters
that he shall hou his Office for one year;
al the expiration of which period he may bore
elected for two terms successively and no longer.
This is the reading of the section IS 1t bears
upon the question of your eligibility 10 s'e-
election.
The simple questio on is this: when is Mayor
Ineligible to reelection? | answer when he nus
been elected for three successive terms by the
people.
ais disqualification does not begin to lun until
he has been elected by the people for the period
of one year, and the section is exphclt thst Al
the expiration of that year he may be re-e
for two terms successfully
The 7th section provides that in case vacan-
cy shall occur in the office Of Mayor, the City
Council shall elect qualified person to supply
the vacancy for the pired term,
This section has no reference to the 54th Sec
ton. there is nothing in the charter that gives
an election by the Council to supply y vacancy
for an unexpired term the same effect, rs an
election by the people for u whole term, and the
rules for the construction Of statutes do not per-
NIT of such sn Interpretation of the act
The incumbent world have the right to be
re elected rs often rs the people might choose To
re-elect him, if there were no provision IN the
charter qualifying that right
Whenever statute is in derogaton OF right
it must be strictly construed, and rs this statute
is in derogatlon of the right to be elected Ms
often as the people might choose to elect-in that
it provides that the Mayor may be elected for
three successive terms and no l0nger-thls dis
qualification cannot be extended By implication
To SAY that person who has been elected by
the Council to.fll vacancy tor an unexpireo
term is not eligible to an election tor three sue
cessive terms by the people would be to con-
strue the act as If it read that person might DC
elected for three successive terms by the people
provided however that if he had been elected
by the Council 10 Fill n vacancy for an unexplred
term he could not be elected BY the people tor
three terms successively. This would be to
make law, not 10 construe one
Very respectfully, &C.,
II. D. CLAUaHToN.
X. Hemper, esq:
Alexandrs, may be elected by 1.-THE people Tor
three succ cessive terms.
No period of service, short of three full terms,
under elections by the people, can take away
his eligibility.
His eligibility is not in any way affected by
the fact that prior TO hia first election by the
people, he may have filled vacancy in the OF
fce under an election by the Council
| think, therefore, you are eligible tothe otlce