Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-05-13
lCOMMUNICATED,


In submitting the following article upon The
amended charter to the public, the writer mas
two purposes in view: LIST. To throw some
light, if possible, upon doubtful sui .ct, and
II, to invite discussion upon the reasons which
have led the writer's mind TO the conclusions
h: gives; that our people, voters aud Candidates,
may have something 10 guide them, both at
the primary and municipal elections That
the principal officers aud clerks Of the city,
such as Auditor, Collectors. Superintendent Of
Police, City Surveyor, Gauger, Inspectors,
Clerk and Superintendent Of the Gas W orks
Corporation Attorney, Clerk Of the Market
&C., are to be elected by the voters OF the city
al the ensuing election, admits OF 10 question,
and, indeed, seems to be conceded by all. But
the doubt arises as to-; first, the clerks aud mes
seogers of the respective branches OF the City
Cuurci and second, policemen.
The act amending the charter Of the city de-.
clares in terms, That section eight of an nc;
eutitlcd gu act to amend the charter of the city
or Alexandria, approved February Goth, 1871.
be- aud the same Is hereby amended 50 d. to
read d, follows, &c. The Vi jet Of the act was
uot to am :ud the city CHARGER generally, but
solely with reference to the officers cecre uu-
der and by virtue Of the 9Th section II, there.
fore, there is section OF the charter either
than the Sth, under which the City Council or
either branch can elecl officers, and there is no
conflict between the Amendment aud that sec
ten, the City Council Notwithstanding the
| amendment still possesses this power. The
| l. ~ .I,.,
cd, plainly gives to Couucil, or each branch
thereof, he right 10 appoi.t Is owu clerks aud
officers tSpeaks oIlhe clerk Of each branch, '
aul Of their duties; it refers to the clerk Of
tie Common Cou-clI'' not as. a city off c~r, bur
/ as the officer Of his board. And, lastly, it says
! tn" City Counci shall have authority to up
point UGH officers and clerks as then uay d., III
proper for the regulation Of their pr, cecding>
| aud the coDreulent transacuou O.! business.
| This Is the sec Ion under which clerks aud mes
scngcrS ui the Two boards Ut Couucl are elect
ed. Does the amendment cuIihlct with ii?
The 81 section treats Of the officers 10 be "l"c.
| ted Tor he cnnv, nleut transactions Of the GHSt
| ness Of CbuNcH The Stl section as il Stood
| PRIOR 10 the amendment, referred 70 The officers
ard clerks to he ell, ced Tor the yOOd gorern
nlc,.t Of the city. Surely the purposes Of tie
| Two Sections We're separate ADD dlStlDct. Now
the amendment is only Of the Sth section. and
! by every rule OF CONSTRUCTION, and looking N
the two acts together, 10 interpret the one by
| the other, no other construction eau be given
the Amendment than that its Obi CT was 10 give
| To the voter, the right 10 elect vuly such Off
| Gers and clerk rs had heretofore been elected
by Council Ivy virtue of the Srh section, the
officers aud clerks Of Council, therefore, are
still cect,d by Council or hy the respective
boards -, policemen. Whether policemen
are to BE- elected by the people or not, is tn.
III yst difficult question to be solved. II they
are officers there ls no doubt that their eIcc
| tiuu j. with the people. Are they officers
| Certainly they exercise public employment
/ aud take the emoumeuts tbence;arlslng." An
indictment would lie against auy person resist
lug policeman in the discharge of his duty,
aud in that indictment The accused would be
charged with, resisting an. officer. ali the works
nn municipal corporations ltcat p 'Ilccmen as
0Gic.rs, and therefore the writer rhihks that
tncy are To be elected by the people Bu:, IN
addition TO this, the Stlr section OF the char
ter, IA il stood before the amerImcnt was
the section under which the City Council el,c
| ted each and every one OF he officers necessary
to the good government Of the CITY, and undcr
the authority conferred by this section Council
elected policemen as it did every other en-
poycc of the city. Blu, under the charter a.
| ameuded ''aU officers and clerks. are to b
| elected by The people, The old S;h section is
| stricken out, the power vested 10 COuucll il
| transferred to the people and no charter III
thorlty remains 10 Council to elect, except >uch
| as Is given by the 9th section. Where tncD
| must the power to elect policemen given TO
Council 10y the SGh section 60 bat to he PEG.
| pie who succeed 10 all tn. rights Of Council
| under The amy nlcd charter. The answer TO
the question must be the people must elecI
p0ilc1mcn.
The principal engineer and Fire Warlens
are not, and n Yer Wrrc, elected by Council
under any authority con erred ~ the chrr;cr.
h,l' under the code Of Virginia. (codc 1913, p.
i}2l which provides for their appointment 10
,uch manner as the Council may elect These
,tiic =, therefore, are still elected by the City
Council.
Lastly, it has been argued that under the
amended cAarrcr the power to elect member,
IT the Common Council AID Boarl OF Alder
men is taken from the people, and Il at, there
tore, the present Council either hold, over or
is Il self prrp, tuatng body.
No provision Of the charter, n'tcrmS or by
impliration, warrants any sucn CONSTRUCTION.
The Sth section Of the charter is not The &c
tiou under which members OF Council are elect
ed. but the 4,h, aod that section is not amend
3D. 4 member of the City Council is 10 no
sense an officer, but member of the govern
iog bod, member Of the body POI uric anc
corporate" And would it not be absurd 10
suppose that the Legislature, at the very mo
ment that it was lepi>latng to give the people
right to elect the different officers, would take
frou them the right to elect TO the most i'm
portant body, the City Council Of Al"xan If a.
1t was not intended, nor has it been done by
The amended cha; ter. y.
LIST OF LETTERS
Remaining In the Alexandris, Va, Postotiicc
May Is, 1876.
Persons caAlng for letters will say they ale adj
Il w. IL. ~ IL liz