Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-05-01
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rs7OTHE VOTERS OF THE CITY OF AL
l. EXANDRIA.

Two ROIEhS OF LII n I'll j Of u L.
i. EXANDRIA.
as the time is approaching when the people
of this city will be called upon To elect II Mayor,
and a. the question of my eligibility to that
ice his been raised, it is proper that should
define my position.
There never has been doubt in my own mind
! rs to nv eligibility for reelection. The 34ih
| section of the city charter admits OF no Other
| reasonable construction than that the same per-
son n.ay be elected to the office OF Mayor By the
"quaifed voters" of the city for three success
| sivc terms However, while this WAS my de-
cidrd cp Mon on the subject, felt unwilling to
! trust entirely to my own judg:: ent, ana, lher"
| fore submitted tho question to two dslnt"rested
| legal gentlemen Of acknowledged ability, with
the declared intention to abide By their dcclslon
whatever it WIS, if they agreed
Their written opinions which were HANDED TO
| me this morning and which are hereto suoIo'ned,
fully confirming, rs they do, my own construc.
tion Of the 34lh section, | hereby RESPECTFULLY
announce myself candidate for reelection to
election, b. kEMPER.
Dear Sir; In answer to your favor asking for
my opinion in writing as to your eIlg'hiLy tor
re election rs Mayor Of the city OF alexandria
| respectfully submit the following
TIE 34th section of the charter provides that
the Mayor of the city of Alexandria shall be
annually elected by the qualified voters
that he shall holh his office for one J SAT-
nj the expiration of which period he may Dern'
elected for two terms successfully and no longer.
This is the reading OF the section IS 1t bear
upon the question Of your eligibility to re-
election.
The simple question is this when is Mayor
ineligible To reelection l answer when ne mas
boon elected for three successive terms by the
people,.
H., L,,, al Nd hx,t ph, la
of one year, and the section is explicit that AZ
the expiration of that year be may be reelected
for t~'u terms SUCCESSFULLY.
The 7th section provides that in case vac.n
cy shall occur in the Office of Mayor, the City
Council shall elect qualified person To supply
the vacancy for the uneAplred term.
This section has no reference to the 34th Sec
ton / horc is nothing in the charter that gives
al election by the Council TO supply 4 vacancy
for .n unexpi7ed term tho same effect, rs an
election by the people for whole term, anu the
:uics for the construction OF statutes do not per-
nit of such an Interpretation Of the act
The incumbent would have the right to be
re. elected as often as the people nlgnt choose To
re-eect him, if there were no provision IN the
charter qualifying that right.
il must be strictly construed, and aE TINS statute
i in dcrog:.llon Of the right to be elected ~
often ~ the people might choose to eicct-ln That
it provides that the Mayor may be elected Tor
thgcc successive terms and no t0nger-th!s DIS
qualification cannot be extended b. lmp!lcaton
To say that d person VINO has been elected by
tire Council to fiji vacancy for an uneaplred
teri. is not eligible to an election for three sac
c.=sye terms by the people would be to con
struc tho uct 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 TO fill Is vacancy for an unexplred
term ne could not be elected by tho people Tor
three terms SUCCESSFULLY. This would be to
make Il .;tW, not 10 construe one
Very respectfully, &c,
II. y. CLAuGuTOS.