, 1876-06-06
TIE CHICAGO TRIBUNE: TUESDAY, JUNE 6, 1876.
quoetIon Of grave Importance, not only as It af.
focn The pending Issue, bnt
lN fTS FU1tItN DEArtNHJ.

question Of grave Importance, not only a. It sf.
Fccn The pending Issue, hnt
IN fTs rU7unH nEA nfA1s.
s repeated, md tha people atc practically without
bs!stt abatement of the fact. e' tAey .ppc.r
With Ar SIC. ot tho act, which provides ,hast
on thc Third Tus.day oi April q each year." tho
II 81 sta "i ~ i o
pic With tic exception of the Mayor, |
pvHfosELT OMirT1NG |
nxpressly determnel TO- exclude that oi1ies. All
provlicd 4 t6r council iad pettosn!:dt thc'r duty
call no qnceilon wtntevcf could be faIrc a. u tu
l.{iny saenncy, NJ thls Court R.s decided. This
He. ss% s Se sec "a t' o ast
Ing the tefusa Of tle Co9nsil 70 include HIN N to
sal awaited them.sIse' o. The srranzcment for hold.
respondent In nomination, and clreteh' him by a
yart maiatIty OF Mi the votes po!cd. There |. no
ttaud, Or conceamcnt Il, tile conduct Of the elcc
tion. The respondent nominated by one OF tue
LARGEST MABs.MKETINu5
ever held by tIr cizens uf Chicago. Eyory votor
on clcei!un:tlay and befose knew that he va d
cAnh!datc for tho Office, and had the opportunity
h for ., aga''t him A. ts
choice Of thu people. Although themselves, like
tts old MHyor, ptoy!slonal body h9idtnK oye.
quaIifed, the old Council refused 10 canvas. The
Votes for Mayor. The new t;onncss elected To-
gcther With GIG respondent. did make TUG canvass.
Chief Magistrate Of the city. by tho Will Of the
psors tfai'ly expressed shc polls Surely there
BOMB CoaEET REASON
fcup1ei l. nuE1ir f,uItcV mr. N. ri.
tled rnle cf Inv. ihcxorable ~ fate, bending the
understanding anil COINCIDENCE of tue Canrt To Jus.
maf1o BY !hc pcnplc, dispace their choscu chief
officer and restoru to proytsionh1 authority one
e whom hS} ave 20 clark e1pres..d ths ws
character arc APT to be su1 gen:rIs cach depending
largely upon lts own peculiar sacts, nnd not cnsiiy
ssduceabe to any an!form rule. or principles. The
tlon, which hgnrc so. largely In many election
cases. have no place hcFr. There il no pretense
order to secure tho election nf the respondent
that all was mot open or above board. All the
safeguards which surrounded the e1cEc'e Of tho
operated a. fully md completely To secure a
FULL AND PAIR ExrHEsstON
OF tho will Of tha electoral body In tho Gaze 81 tho
II ii safe TO nBsrri that no case Crn he found in the
books where there were 80 many and 20 cogcnt
esso eh 's eou hs. ,crn NJ % 70 set s
], thern any sonnd reason In public policy my
Imperative, rule o Iaw which seaa1e. to be
sny e1iatiug vacancy h.yins been decided agaln.t
omission Of rctn.nl Of the Common Council to cali
the election. It IL ctnlmed lnarmuch A. the office
wns 10 b. hcd for fEnct[nn TT time larger than
nycar. the full term being two years. that
A SPECIAL ELECTION WAS NEcEssARr
for the purpose. and TINT Euch election could ho
held only Upon the cali OF the Common Council.
Narions cases hare been cticd IN support OF this
position, and while It is doubtless the general rule
hat n 1rtNr a h11 d eOcrin1 ccrt3un
must be called BY the proper authority. with rpcc!
ncatIon Of time and placc. and oil necdtul nrranse
tiots 10 tho rule, and do not consider that tko
rule has application to this care At bar This
not within tne rsa.on of the rne ,ala dewn IN
hss O. tic S 4assssy q Ap
SIC. q. ii the general election held In 1870, and
ey 5ns s e sss sfos3 ss5ss ssss9
the Mayor. Nor 10 It's acopc confined, in my
ap1 ss II n ~ s assas Ct s STn ssa Il s:s"n
hennlaily thereafter. n Mayor rhall be eee.cd il
such city;" II should bs horne In mind that thIa
employed in the section IN question + tho saac
# II we're intended by the Legislature that I'LL cties
.hoa'd ntopt .hs 9et n season - to holy gensrul
NOTHING or THE KIND
ess 5 H 1s S Gayq to ess ~ ses
il general election that year A full comparison
saa stsS Ia .na @ h.. tesn the e sssps the ns Ct sss
ticablc except in the cases Of those c!tics.
ii any, which adopted the act At time sufficiently
p pnei eeeoa s an tS Eat a5 %hy t TIT III
section which r1crerbss for cities adopting the nc'
subsequent 10 hpr'l. ls9, o. pertoth,anse of u,
uDHer contained In the first egctoN, which If
rinlnentlJ beneficial and nraettcah!e to ~ 1s no,
'fSpe M 70 npy %
the term OF ofee Of Mayor IL d! eitles organized
under the act throughout the State uniformly two
In the lrst section for u general clcction Of cit,
otllcsrs-stayos neI9dsdI,on tho Third Tuesday q
visions in Sec, =, Art. =, .Wheneset yacanc.
e4ted err It sa DO yeas o. r" IT,
date when .he vacancy occurs. II shall be nlled b.
| an election.
a vacancy, mud The Inexrlred torn ~ year or NOR
It shall b allied by an clcction' Such vacancy ex
!sted IL tho nrSscnt sass aud general elsctlon TO
WAS ANY FURTHER AUTHORITY NEcEseANr
in order to tlll sic sacnncyY. And wna It IN th
power Of the Common Council to vt At naught tn
conland Of the statute, and defeat tts obvious ~
quIEuuIent by neglect or refusal to call ths olec
ton' Was any srecial shil necessary when n
statutes HIT alfEA1y prnflacu IHc mchHs OF lIA Iu
Atl,nent.. TO my mind tho answer 10 those Qnci
tlons ls obvious.
Home strcas llns been rlnccd upon Sec II Of Art
1, which ptoyles: "'If there 10 failure to e!ct
|, any officer herein required to b. elected, OF tn
persun elected shall fall to qualify, tho City Cour
ctl or hoard uf Trustees may forthwith order ne
election therefor; and In al casea, when necesear
for the purposes Of this act, Eay call epeclal clet
tions, appoint judges and clerka thcrefur. canva.
the retnsna thcreof. anu provide BY ordlnanca 4
tIlu uoae uf conducting the fan1e; and al'all git
nOt!ce Of such specal clcctfon, &" ete. llut II II
yuws already stated arc correct, though It Wak II
PLAIN DUTY OF THE COMMON COUNCIL
to call the election, give notice, ctc., yot the
ptieson to tl0 ~ did mt utfect lta validity, B!nt
the election wsa not special within tho meaning
| this section.
II the claim Of Tho relator under tho various prt
Visions of the act wGfu 1esh bcset with dlncultl'
lhun think II ia, the etFecta and consequences
tho construction cunteuted fur in hs behalf, In 1r
Judgment should cause tho Court to hosItAte befn
| rruuouncing in Ills Interest. a construction whcl
in the ove,it Of vacancy occnrrinKat thu beg1nnlI
OF TORN, places It IN tile power OF tho Council.
10 dIaI,osed. practically u provant al election
thc!s Chief Magistrate for q petlod OF nearly tN
years, IL surely not 10 bo favored. Nor IL this cui
hngt to the casu Of vacancy uccurslng lN The oi
| Of Mayor, for 1t applied uQualy 10 tito casu Of
dern,etl. What IN 10 pr0vGnt
| A