Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-05-03
GA.NU7DETES
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ITO The VOTERS OF THE CITY OF AL
EXANDRIA.

4 EAA N DEtA.
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
utfce 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 OF Mayor by tht
qualified voters of the city for three success
sive terms. However while this was my DC
cd"d opinion on the subject l felt unwilling to
trust entirely to my own judgment, snd there,
fore, submitted the question TO two disintcrested
legal gentlemen Of acknowledged ability with
the declared intention to abide by their decision,
whatever it vas, if they agreed.
Their written opinions, which were handed to
meths morning and which are hereto sublo'ned,
fully confirming, rs they do, my own construc
tlon OF the 34th section, hereby respectfully
announce myself candidate for reelection to
tne office of Mayor at the approaching May
election. K kEMPER.
h Remper esq:
.. Dear Sir: LII answer to your favor asking for
my opinion in writing rs to your eligibility for
re election rs Mayor Of the city of alexandria
| respectfully submit the following:
The 34th section of the charter provides that
tbs Mayor OF the city of Alexandria shall he
annually elected by the quail fed voters;
that be shall hold his office for one Year;
~ the expiration Of which period he may be:e-
elected for two terms successfully and no longer
This is tho reading OF the section as it bear
upon theHIuestion Of your eligibility to y re-
election.
The simple question is this: when is Mayor
ineligible To reelection? | answer when lie has
been elected tor three successive terms 6y the
people.
lis disqualification does not begin to run until
he has been elected by the people for tho period
of one year, and the section is explicit that 1T
the expiration of that year he may be reelected
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 uneApired term.
This section has no reference to the Bath sec
ton There is nothing in the charter that give:
al election by the Council to supply a VACANCY
for An unexpired term the same effect as All
election by the people for whole term, and the
rules for the construction Of statutes do not per-
nit of such sn Interpretation OF the act.
The incumbent would have the right to be
re. elected rs often tho people might choose 10
re- elect him, if there were no provision IN the
charter qualifying that right.
Whenever n statute is in terogaton OF right
it must be strictly construed, and this statute
is in derogation Of the right TO be elected nS
often Us the people might chooseto e.ect-ln that
it provides that the Mayor may be elected Tor
three successive terms and no tonger-this dis
qualification cannot be extended BY implication.
To SAY that person VINO has been elected by
the Council to fill vacancy for an uneaprcd
term is not eligible to election for three sac
cessive terms by the people would be to con
strue the act rs if it read that person might be
elected for three successive terms by the people
provided, however, that If he had been elected
by the Council TO fiji vacancy for Ill unexplred
term ne could not be elected by the people Tor
three terms SUCCESSFULLY. This would be to
make z law, not TO construe one
Very respectfully, SC,
II. y. CLAuGUToS.
Il. Eenaper, esq:
A Candidate Tor Mavor, under the charter OF
Alexandria, may be elected by the people Tor
three successive terms
No period of service, short of three full terms,
under elections by the people, can take away
his eligibility.
Bis eligibility is not in any way affected ny
the fact that, plior to his first election by the
people, he may have filed a vacancy in the Of
fce under an election by the Council.
MI