, 1876-06-06
umAnating from tho City Council, II or DO held
tu b. legal. majority Of the court, including tho
writer DR. this pptuIoo.

Tho EHDHtantH of the whole Mhttaf IN thtA: ht"
though the TnlAtor wNa cltGleI under o statute
which prescribed hla term of office 10 bn wo yehrs
hs ." ns II a'1 q S
upon tega! submission 10 tho electors 81 tho ma
ncpsly h' ssI a. by .hs nptas
u.c. lila Term by the turnaer statute was gone,
haS tho @ rSt @ @ 10 orsr m M election to M iho nnsI.
pred term. Instead Of dohg 80 they expressly re.
inred, and tho respondent wnA elected at gcne!nl
election, without ofdef Or notice from Tho City
aucL ! casei W understand tho tcsut u The ~.
lion, ind ike. liz tme. thsn, although il may In
po,s upon eertan ofcof. The duty Of giving nottccs
s1!!l. not givens tl!o time bc!ng liked hy lay wsll
The not!ce directed. Such, .sowovct. ia not tha
q snotts Tn ana ees ns as s
The electon of rc.ponlcnt touk place. II i true
tint the 4Ath recton, declarct: "A grnfra1 c'cc'
day day Of fs Apf Sf each ' year rhste We Vera eiy o
GERS 10 DO then elected to which that would apply.
sseon ss az te e or ha
eiestlon he!i n 1s7a, Al bisnnallI thereafter.
Mayor shall be elected ln each city" There IA not
clause In the atatato which -.--...
CAN De TORTURED INTO THE KxrKEHa1ON
that yacaney occurs In tho otllcs Of bfaTor +
may he filled Mt the next annual election. II nneh
o9 nsur 6 &c. i Il md ID M g. II deees
Mayor s When the ter siia!i lie 1e ons ycst
Or over from Tho date when !ha vacancy oecors, II
ahaIf be Glcd by MI election"
40, which provides for biennial elections after The
general or April election Of 1879. cumo the pro-
slsf Hs spees Ct sfs saS sy
Of doing 80, Here, hs in . vaet number q other
instances. the City Council Is invested with GER
Of ordering or calling special election, 4 cxcr.
s!sed Is pa1 Of ts Of The sate ' 6od
known ~ the City Council, ant!
UPON NObOnY EIAU.
It has been given subject 70 certain rert1c'ons and
IN p' s Sny
rcribrl by tho act from which nlone thr powet lB
derived. Tho elcctora Of ChicnEu't t.vs lavc no
lnrge of Cook County. II never having been cxcr.
ciAcd by the body un,n whom Il vas conferred eS'
y es ~ 70 9en Il
wg0E ALTOGETHER HuoArouY.
tuonsi iini,on,' g1es tls resn1t Of Tic eutaor.
Tin soms other eaacs preliminary action BY the
ensis eceetion ean Se e!d II aa sec.on @he
municipality may hold or not " IT, opion and tho
sS5sa ILL., siSt Sas Ssas s5ns 9 si ns'ss ss
t' Hun on lie assumption oI risht must bc altogei-
tr0GEAtufy. lHB 6H1HC WOAA UG tEuE VI El Elcts
;tion 10 be field aster proclamation for The purrotr
iey's Con..ltnional Limitation. go:,
posatiena' Sec. 13o, says, Where u = dfsere.
| t!unary With municipal authorities whether they
Ga Il cteon sIo nG sp na
tons fixed by law at a certain TING nnu place may
be legally holden, although notice hnH , not been
published; but II ht time bo mt defined by statute,
aud Ii 10 he hxed BY notice, the notice requlrcd III
it il Too plain to Justify -...
| ONE MOMENTS DISCUSSION
| that the oct VI 1B7a nowhere FIXES any time for an
election Tor Mayor. except TINT in see, ~, whlel,
DECLARES hat St tas gs9esn' esssien la he'a H. n
elected in each city," THIS certainly doea moi tx
te general election IN 1874 a. tine A. Which
apoS tne e0aarSi s' ii a.
. but r. S.y tss Shs5 upo sse r. rbsh asn
@ hoid aa Tic third Tuesday IT April each year
lion for Mayor shal be held bIeInial!y after sucf
general election in 1b73. which would, a. course,
exclude one at the general election In 1S76' The
| term nut bcInX liked bJ statute, the action Of the
city cosnel liking tic time and giving the 'tatu'
tory notice .
SIhc rcHprctability Of tho respondent OF the mum
her Of yotcs cast for him cannot affect tho prhcl
pic ii il ~ vital to an election under tho crcuIn
for for day cou,t il to Judgment, Counsel 4ay,
ihoro was an equivalent for thu notice required By
Inv. Thu fact shat respondent was running for tht
With the article IL that under the circumstances Of
this eass tho ,3w ca sun ,n1;,g reHoKn'zs w.
for tho order md statutory notice. Suppose :
Judgment rendered against A B Without service q
proccss. II tho defendant should move to set q i 4
ihu plaintId could defeat tho motion by skowlnt
that the fact Of the suit having bccn brought wn
notorious aid several persons h9d in fact apokef
Judgment there would orse from the same pr'nci
pic ~ with The election In qncsiiun without tn
| In either case thern would be simply
/ WANT OF POWER
OF Jurisdiction. The stato having vested TIL
1sa e IL w s snd
sabstantay e. i. app9,ned by the .tas1te
closo /" prescribed by tho statute, according I
the view Of tho majority OF this Court that to tsn
hss ben sa ks.% nc
thAt term. of caursu. tho nncxpiscd term wa
.uoro than rear from the dato when the ;aeat,e
only bs alled ly IN election. by virtue o tho sec
tton inst referred to AZ a vacancy, and The sixty
asst section authorizing special elections BY orde
ave or,lcfc special election to Ill such vacancy
ot tu ua.nia was to- to exercise
powers Of Mayer until hlh saccgbsor should !
elected and qualified. As no valid election coui
he hold without this orur Of the City Council, nm
tho prescribed n0tcc, the
sUrroHHn ELECTION OF HEBPONpFNT ItOTNA
was nugatury. The sixtucnti section Ae1arra thg
''lf lie vAcancy Is less than one ycar, the CIT
Conncll shn!l elect ono Of IL memburs to net (
Mayor. who shall posa"ss ull tho r!ght" and pave
: of Tie Muyps, until ha nnccesaoE ts elected MI
gualilcd.'' The next annual election would In th
cass necessarily be tho b!ennla rlrctton before
luded to. WhUthct such ali election from thu bod
Of tho City Enui,cl would be authorized under Il
circumstances Of thfa case is n question which hs
| not been daenencd. Int from otsr examination
the statutes, We are inclined TO thu viow that t!
vacancy can only BE- legally allied, cycn now. by
| election ortureI by shu CITY Council.
TUE CONCLUSION
arrived at BY majority of tho Court !f. tlat IL
, 1rst fault In pleading IL tho rcspnndcnt'a pIen
Ills demurrer to tho relatorts EupilcattOna mus
therefore, according to tlH established practtc
bu carried buck md B,lBtainOa to those pleas; AZ
! inaAmuch a. thu facts cannot bo chAnKcd l
, amendments, judgment OF custer agaiust ztspott
! pnt must follow.
! ! A DISSENTIENT.
JuuGE Bo0TH'S poSlTI0N.
, While Jndgp hooth copcurs with Judge hcAlli
tef In hIs htat position, that Colyin'atetm has