, 1876-05-02

~ ao III a:s.'@ans q e.? H. = l.osta & fa Il.
Has.si;a s.ss s. til. s s., ,sg TS. a., a';,
~ d. ssi ta:s Is:!a: 1: ~ .ssn
Which ths unsnpsed tsr would 10 ons ysar ot more
v,e.ns. snss pessn1ss is!s ths dats xhsn !. alleged
"a, dsehasesd tho dasies ot ssid otce IN 10 doing
~ ~ violated 40 lsv on ths contrary be has simply
beea elected and qualified. it Il IL bound.r duty
ss y ~ ~ a~ 9 s1eFee ns powsss and perform The
No vacancy hla occurred in the otce Of u&ror ance
a. s, !, eeet9n r. April md bsnce thsre ia
expired term remaining is ese thin one year. but
~ a.sute requires that sLs length Of ths us1prsd
esnc. nre % 1fo eha date ~hea ths "a
Il, ,thea, vacancy b.4 occurred, II happened Ia
prod term. dating from either os thsse dates I. rots
.a e. ons Jsar apd in inch eAse she aw requires hat
ple to bs called BY hs City Council snd sush election
mar b ordered 1t any tins during Tho unexpired
tsra: Aod T. SIMPLY Ridiculous .e ~ INT reftoa
csncy in tins past. greater sbsurdity could not pts
seat itaelf 70 tho understanding Of man.
neglect or refusal on tha part OF tho City Coun-
I'll to call an election for Mayor before tic recent n.
nus election held does not deprive their success.
although Euch une zpired erm should he iess than os
yesE And il It should hs ooutendea that tho rscancy
mentioned In tho third 6ectton has reference to =
vacancy which might bs said to have occurred by
rsasnn Of such default neglect, tho Is, that
xacaney mentioned In tho aecnud section. both Sec
hons .ra tpeakia9 Of tho sane vceancy; In tha one
other BY appontment In order 10 arrive At Tho true
intent ana tnoaninE Of either section both must ba
Ana again i It 10 s.!d th.t BY reason Of tho fsct
that Mayor ColE!n has held over until tho preeent
ntae therefore 10 vacancy has occurred. and will not
election Of ono Of tis number 10 sct Al Mayor my an.
aver ls that being true. vacancy exists and
president to ths rtsAs ef ths Council 10 4et on< oT IL
), Tor ths foregoing ro.soa. an ee.rl, Of opinson
t,s .b.. r.s.nsy eesaIrtd Il ths otss ot Mayor,
cali BpeciaI election to tll such vacancy.
This ts tho mods provided by law 10 1li such vacaa-
ahoud IL pursued And tho sdoption Of snI othsr or
different Que by The Council would bo absurd and
useess snd spbVorsiro Of asesy principle o. law and
have discussed these questions upon the hypo:he-
sts that vacancy ex'ss 10 tho oee Of Mayor. either
By reaaon Of the adoption Of the net Of 1874 "
reason Of tae limitation In the law under md by rir
tue q which Mayor Colvin was eIectcd, but II 10
whether such vacancy In fsct EXITS, ezpress no
opinion because 1t IL unnecessary to se detesuinl-
uon Of tho questions submitted. ne.pectfua!y,
AID. schAfner Withdrew ns motion sequesting the
Clerk spread tho result on tho records, under tho
lasss impFess'on thas the sama motion had been pat
On motion Of Aid. White. tho Communication from
sas LAW DspaFtmens wss after souna discussion, or
ASKING ron INFORMATION.
AID. Waterman wanted 70 know. ~ = matter Of tn
formation, what The Tota for Mayor w.s.
Ad. seaadnsr-1 object to such information being
AId Mahr-You can got IT At Republican headqu.s-
A!a Waterrusn-1 ana surprised that thers should b
sny Eoluct.nso about gsrtng information hare. A.
IT, ono f S' Il An dos
should have recorded upon minutes Just oxactly
the rcsusns that wefe m.deslnce 1t appears shat
Mayor II does not follow frurn that that ase to
declare Mr. Horns elected. That II very dlGeren.
declare Tho number Of votes that wess csst. E.en
there had been votes for uovernor Of the state =
tAe returns TINT were made.
Thgss ~ of eeuIse @ some cPpss,ton 70 tnis from
take up ths appointment Of Mr. Woodbridge II Cor
poEation Counsel and CONFIRM the same.
T1e Chair said tue motion h.d prevnled, that tho
CeEk teaa the rttusna and AID. bsnner maintsined
ID It they Ind been fead and placed on record.
The Chair remarked that sIe question was tho can-
tns comm!ttee Ind followed out 1I4 Instructions.
rsssc1 the rote aud II as now for he Council to do
Shoar WIN tde & toto t tos 3 msyo o
announced. He would not make motion to thSt ef
feet, but simply saate tho request:
canvass the rots for Mayor but anply to take in
formal minute Of the vote cast,
UPON that tic Committee should canvas tlo reurns
for Mayor. and lesre tho tnE,tes for tho Council to
Aid, C.npbetl saw no objection to announcing tho
sne. II could not Affect thn status Of the present
Mayor QUE way Or the other. Some 80 o0o Of 10000
aat.cr Of courtesy to these individuals 70 anuoance
their vote ~ doing, tho Council eed not declare
anybody elected for 1t could not do that. It would
not El8pr0 the Gt3$u8 Of tHb civ Government 1tH
officials to announce tho vote. II would give no man
r*es un,es. thero w vacancy and 1t ~as pretty
The City Clerk called upon 10 state whether tbs
COMMITTEES had agreed 10 the vote fur Mayor,
and stAed that he understood the matter Just Aid
BchaGner did. There was IN Informal conversation,
but no motion made to canvass tho tots for Mayor.
The chais-p4 lhe Committee with the CLARK can-
Tho clerk-So motion was usds ut al.
Tia chair-Dus lid the Committee cAnyass tho
BEFORE the Clerk could answer
AID. WHITE AND AID. gcHAYTSEh
wefe on thes feat The iates r.. about to commsnee
po!ntely That lie had had tho HooE about all tho
ing. .na.h 10 had best give others CHANCE to b
Aid. 6ehsnncr-oh. don't you spsead yourself 10
much. want to aak tho Clerk Question for inforHs-
t9n, saa ordinary aeeency would susse1t to 5ou ta.t
AID. white@weu,, I propose to give ,ou eh.n:s to
m1ls 59ur farewell speech. Will Eive you Al hour
So1ss,snans ss u Ha %e .n.a,sr.on, upon
SchRdncrs propensity 70 make speech, ths l4itur
kept tho door, and put tho following question to tho
Clerk
aha tho records ahov any act dona By Tho Council
tn reference 10 tho vote for Mayor I"
The C!e1k-So, sir.
AID. Schanner-Thst IL nil.
AID. White then taduigod htmsef 1t roma length 10
observe tat the whoo bstnsss Git Of order. Thu
Council had caed nu election for Mayor aad II was
only through tho courtesy Of tho Judges Of election
that tue votes taken 1t all. They wern ali illegal
and thrro no legal power by which tho Council
could receive thetu. Lie wanted to know II tiers was
a>fk Il. f.x
OIL the records.
Tho Ch..r-.Thtss is no motion to spread On tho
records but simply roqueAt for tlo announcement Of
t4o rIxHt.
ALL. Wh,te-Do ] undeEstAnd, In ca4s tha vote IL
announced, thAt II 10 70 he placed upuiA tho tourna
without brtng 10 ordered BY sots7
tbs Chalr-lt will tako = motion 10 do that
THE DISCUSSION wAs CONTINUED
fos some tiue, AID. 6paiaing maintaining that tho
Committee had Agreo 10 tanyAs4 tic vota and Alt.
Bchst1ner asserting the eontra1y, AID. bpading 10
nAka himself fully unde1stooe said ho had ma.u 40
t...k