, 1876-05-08

Tor she 1u,lnest!on Of = s9ecesaoe 70 N elected
Tho ostnher election. 1Kso tbs right n ths or,
cos ws ee,c ,s tn,t ts ,y hy III
ne presumed to haYo had nuiica Of tho expiration d
ths right OF slclHetedKs to coutnuo IN Office, and
tIt talsy therefore had right 10 rruvds
IN thu sats rel. Lel n. Jonas, 10 Ind ass, tia
vacant ny .hn rrn1ssl from Tho Hlas Of Earsssy VIA
had held the 0fre, mi! such turos nj having o:rlrry
twenty fayS hcfora hs annual clee,In. which was to
voei ior esuiate 10 iii ths ni.es .n ta M spsstes
Court hsia e9t he otnss'!on u the uau.! formal
thu election sot . th.t Tho olce frita IN ract, w.
emit tln authority having s power to Mi .hn varsn.
sy md stsLs TO rtet.s,, 10 c'tct acvordlug 10 io
ssa'Ea H. yaat'y = 'ea''a'''s; IT, s'ss". 5s
at snnc,Isa tin. M i. n,e mn, ,n,f NJ
IN" olnstotn had or tn,k nplIce Of .p iact ot t,
Sssancy. t'e Court would not Hgerd TIM elrcIioa
being ahHlHtc or nt7lh9, bH might eHt:-tcr iha fact
81 ia want of tn furns ,nitcc Ii having w,, urt
dIeiai 70 hr loly Of tug electors in The particular csr
EnE'Et H. Norris. N te Just1rra Of t- supreme
Gnnrt fot Tho Firnt Jnt.!cinl District Of New York,
d1s yn tha ~ IL, q oeoLes ib when hls term u
Of the dist'tet. n The general rsc,on Of Iulftr,
Th,ch W. hold q Tho ensuing 9Th of SorstnGer.
G'cete naxs. 70 I'LL tho raea'cy anl tho Court Of
Appeals lell that
Tnt. ELECTION
was valid, notwithstanding no otce wah given fy the
i The Vacancy Al that o'ectiut. Tho Constitution Of
The State nf New York provided that Ill c.se lie otrs
OF any enel Judge should fecotnb vacant tcfore the
EXPIRATION Of the regular trr for which he was e,cct.
81. the rarancy might 10 hc'l by appointment ny tho
ar5no5 et,, .s ,an nn,'I sh.al y ,npsi i
The aatntes provided also that vacancies in tho Offices
Of Jllslces Of the Supreme Onrt snon!d us supplied
at the general election next euccecfna tis lnpptuiuu
Of nuch vacancies. but aIso contained a general
provision for special notice of election; ana In lii.
sta,o 1 Of " no case io conrt os ArInas held that
h"te waa tho warrant 10th of tho Consultation and OF
the statute for the electors to proceed sud i tic ".
csacy aithonsh tho electors ha 10 oer not!su that
tho ordi4ty publicity Of the facs Of ,as dealt. Of
m sa!o rel: Peacock rs or~i 70 Wiz, aa,, II sp
feafed that ona FEancis, who ShGrr Of FLnd t1
c Callfty, diet IN tbs 18Th Of June, 1875, and that
st tl'e General election hs'l tho 7 of November,
were caA for tat oIeo: and It was held That, shoup
te prescribed notice that tho oIcu was to lie Gsje ii
TIT election was ot given, set the electors had right
Frica, and ~ors Jua!i.Iod in eectng lila sccos sor
30 again y was he'd IN Slate c1 rel. Lu,triug w.
howurur cseatcd, would nos bo heid to to bs ,nsaiI
ss,ps:ls!!y 4 i aIpo.red that tle isopo esnsray
IL rhs eopa v. a't%a = Xe taso s a. com.
nou Council Of the CITY OF Detroit had declared . "
~ Ss AsFnsy e. a s
tho next aunua! eicction, a which, by the statute the
vssancy wax subject to b allied for sho reso Of ths
the Ielltor. Hpeed, and the Supreme '; cotrt .Ht
held that tbs atatuto concerning tic Riylun
aGas election wa a., merely nss void se m aud van. @
such notice, 10 the eoesrs vera suppoaetl to know
what Officers wOfs to be elected At general eecon,
remind them Of ther duty, hut that 1t was In no way
connected with their right to tho elective frnnchtss
md was not eondlon precedent to tho exercise of
Thess caaee appear to have strong bearing In favor
OF tAo recent cloelion for Mayor Of this city. Dut
Ia we'll 10 notice somo Of tho csEes which are auppose
tese ase H. our Illinois naports: and Il lboy sero Ok.
WOULD sErTLE THE QUESTION.
But they appear to la disiLHuiBhable from thu
nsns We ts ars ,ho 1wa csor
Three Illinois hAyo come to INV notice as
having specsal pcrtusney.
Ing 10 bonny.a1, That tsx could not be levied ul1.
lesa by an election held uEo. ten days notirt. Tic
election hcenu to havs b"en held Tho nn1t day hfttr
tho laaRaRo OF tho statuts under which It was Hsbo
to lovy such tax, int which statute required ten ays
no:ice The SuIrcMe Court held th1t tho io,scu was
Indispensable to Tho exercise OF tho power to levy the
tax.
No would question the correctness Of The ec,e
iont but mark d*tIncunni That was cakc IN Witch
wholly laoking snd Tho ssaemblaga OF ths poons
vas not brought about under auy form Of law. II
represented 40 Informal gathering IT lcsa than one
ho OF the Voters, aiming to vnte fur holtary .ut-
tor calculated 70 charRs Tho property III tho township
without regard Ia any statute the subject We may
here Tho election war general eloetien Of ey eccrs
Of which election all thn people lad notios.
!, Tae l1oplo ". docLenour,, 81 Ill., III. involved
statute. of township oleeFs iu the Cty of Danyllis
Tho law required Ills City Council to az place Vi
and II appeared to ia doubtful wlctaer iho Com,rn,
Council had a1ed place. and III lsoint ol fact Tie
oceuon was held AZ dit1erent plase from that which
bEf0ro All eectun coufa bu held t1l thr
ucw district which Dat.ills coustuet, liz CTS Conu
ell thonId take torai action, na TINT Tho clcctorx
would know whcro TO to exercise ,her rlNlt Of xuf
feago, sud tie Court found that Tiers W. no notra
Of my kind whsra The Council h1d ordursd tho rlcr,o
an elect on under such circuthtarres was not entitled
TO realeet "a n expression Of ha popular will. 1t
he Common Council taiel to li1 d place tor hoitns
lbs election, faiIe4 to designate tbs officers 10 hold
Il No such fail!lrn "a the part Of the Common Conr-
u Gun 10 aess1 Tho only poshiblo objection il that
flu notca which was published did not SAY TO tLe
electors that they Ncro
EXPECTED TO ELECT MAYOR,
Hard nE ". Il l. B., l.. lkit- Company, Gs Ill., So
tho same rrinoplo Which announced
Il The Feoio Vs. uncllrnour supra, a railroad suN.
Ac SUBSCRIPTION would not 10 warranted uucss tIt,tv ~
lays notice uf the e!rction souItl bs given Thst
oes was no given, and tho ou'ss9on 10 2iyu 1t wIs
Tho stato Of Iowa ex rel Levin ". Young, Iowa,
o. O1cl.y Vs. 3!,irlbut, CAL, a!s: Jones ". Tbs
If Hk,n ~; aSs ", r %',..s1 Ina.
Ols Il I
nd.. 2to eee a!so 10 te guite disltngushable frum
ho caso under consideration.
1t - trua that Tho People ". Porter, Cal. e. fol-
'~cd BY Ths ptoplo W, Weller. II CAL, ~, and Tho
corlc ~. Martin, IA CAL, 400, may not 10 haruun
ed with The peuplp Va. Cowlos, IL n. H. u5D, above
ItcI. -
II has not however, been practicable fc. mo 10 COL
ct at this tlmc, all tu cAAcs yet 1t ecc.ncl to lp m
} notsce to soma extent such as found opportunity
examine, In order to draw from thsm sonlo priuci.
10 70 bc applied. They heea In tho ma3u 10 justify
10 doctrine that II tho law authorizes or dirce m
ecou, and thu tInle And t11es thereof are Axcd bT
IN accordance With the statute thc If sucA olrc-
on - to she particular olcar la Known 10 aud Iartic.
'asod n w 4le body Of tha eoetors 30 tlst ,u irad
ton thcn will reault III lss suLAclucilt recognition
- wuAt Of tho usual formal notice dlrcctc,f il ht
rth by ot!curs charged with tha duty Of giving such
otes VIII not avoid Tue tloctIon defeat the right
tho electors to eAoose person fill that uilco,
hurh cass the tunrt would consider al the ctr.
instances and wonl1 not sustain the election II II
i1d arpaaF 10 lie practically fraud on the electors
IhG alrst question IL bs considered II; Did tho law
brink an elccttuA7
IL answering this GuesinH VIC take uotiro al the
ct that Mayor Colyin ulcre!y authorized 10 ex-
nso i1!e nowcrs conferred upon Mayer by tie act
Arill ", 1872 until suctrs'or s's,Ild 10 nleetrI
~ qualified: Then We hayo Bee. ! uf Art. VI. i,4Ys
Il q Rsv. Hiatt. VI 1870 leaIiHg follows "fhuro
III! te elected IN all rit!ea orJalEed under this act
e following ot1lcrla, VIZ; Mayur, City cu,luri
CITY CLARK, CITY Attorney, aud . City Treasurer"