Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-07-10

| UGr eau nave tuC o1A1beO "A'
of postage.
WEATHER PRoBABIL1TIEs.- Var Depart
ment. Office g the Chief Signal Officer, Hosh
mqton, ID. g., july 10, ls76-lU:3O a. NJ
Fer the Middle States high temperature IN tns
interior, and near the coast cooler weather tnna
on Sunday, with easterly to southeriy WINS
falling followed by rising barometer, ana our
ing the night areas of rain.
FIRE DEpARrMENr.-Ihe conflict in regard
to the office of Chief Engineer Of the Fire De
pertinent still continues. Gu Saturday nigh'
Mr.. Henry Herbner, On the advice OF his coun'
sci aud spme friends, avrscd 10 Withdraw 'Tou
the contest, under the impression that the ia"
would DOT su stain him. Yesterday, however,
under solicitation OF others, he Determined 10
retract his withdrawal and test the matter, or
stand the test 10 the courts. THIS mcrnlng ne
! received FROM Mayor johnson a communicative
! settiug forth that he 1.-THE Mayor regarded
| Mr.. Herbner as the legal Chief Engloeer and
would support his claim, Notwithstanding the
| action of Council. The Mayor further gave
| his reasons for contending that MIR. Herboer's
| election was legal in quite a lengthy document.
! Meanwhile it is rumored that the matt"r Will
| be brought to the attention of The Corporation
| Court at lis present term. The necessity OF
| some immediate action is appareot TO all, as II
is reported to be the intention OF the Mayor
and Mr.. H2rbucr to use force, if necessary, to
enforce the la,ter's Calm to ommand 10 case
of a fire and as a resort 10 force would most
| probably be resisted 90 the other side, there
| would be imminent danger OF a riot.
The following is the Mayors opi2ion re
ftrred to:
MAYORS OFFICE, ALEXANDRIA, Va.
July 10, 1876.
Henry HerJner. esq. Chief Engineer Of the
Fire Department Of I~eruadrto, w.:
SIR In reply to your eummunicatlou OF this
date, l uDhesitatlng'y say that l do rccogn'ze
you as the legal Chi f Engineer Of the Fire
Department of All xandria. Va. for the follow
ing reasons, viz: You brought to me from the
lst %iuStant, u certificate declaring that YOU had
b"eu duly elected by the people Chief Engicecr
Of the Fire Department, and on the tal'h of
that certificate | administered to ycu the usual
oath of office. 2 | recognize DO higher power
than the people. They arp, the tit judges Of
who they waut, or do not want, TO fiji ofca,
and it is no, 10 the province Of fifteen twenty
six hundreiths Of a voting population to set
aside, on the Vhim OF per>Onal friendship and
against the power OF repeated precedent, the
choice for Office of the mj .rlty. The people
elected the Chief Il lgiue r Of the Fire DEPART
ment for the first .Ime twenty four years ago,
aud continued every year 10 elect such nt1cer
annually for thirteen years in succession. This
election by h. people Of the Chit Engineer
OF the Fire Department Was then Interrupted
tor one year by 40 amendment to Ah1 charter
giving the election Of that of6caf 10 the City
CpuCcil but such a mode OF election was only
allowed by the people Tor one year, aud the
peop again demanded a repeal Of the charter
iu order to rvst1ra to themselves not only the
election Of the ChieI Eneineer Of the Fire De-
parimcnt. but the election of many other mu-
uicipal officers Tn. people then c,ntinued
the election Of Chief Engineer OF the Fire d.
partmcut for five years more, when, without
tho consent of the voters of the city, the City
Council OF 1871 presumed to assume to Itself
the Sole right 10 elect all he municipal officers,
including the Office of Chief Engineer IF The
Fire Department. 3. l. has been thirty u ars
since the act Of retrocessiou was passed. Du-
ring that time the various am ndmcnts to the
to elect the municipal officers, DOW and
then, for twelve years, and The people to
elect, new and theu, such officers for eighteen
years; and 10 ali the mutations occasioned by
the respective amendments to the city charter,
the general statute Of 1927 giving the right to
the citiss aud towns OF Virginia to form fire
departments, was not once brought Into appli-
cation to bar the people from electlDg, amoug
other officers, the Chief Engineer OF the Fire
Department, aud let 1t be remembered, that
whenever the charter was changed giving the
right 10 the City Council to elect the Chief
Engineer of the Fire Department, it was al.
W .ys done by the violence ct the arrogance ola
majority of the members ct the City Council,
aud not by the consent of the people; and the
people have never allowed the City Council to
elect the municipal officers for a longer period
than that which Was com prlscd in a lawful
manner to restore to themselves the power aud
duy Of ~electiny those who were to g'vern
them. Au individual of proper self respect,
will not creep and crawl l0to office, or allow his
friends to steal him iuto place when the cyl
dcuces Of his senses tell him that he is not the
choice vf the majority OF an honestly eX-
pressed election. 4 TIE candidate whom you
d. f:aied at the election OF tn 18th OF May,Was
wi ling TO submit to a contest Tor the Office be-
fore the people, and did not during the canvass,
or before his defeat. notlfy you that ne would,
in the event of your election, coutestyour right
TO the ofic and had he been elected you would
not have heard a word about the application of
an ffete statute of the Legislature pass ID tweD-
" wears before Alexandria became a part of
Virginia, and which has been repeatedly re
pealed by conflicting statutes, to the Effect that
the people could not elect a Chief Engineer Of
Fire DEPARTMENT.. but that fifteen tweoty-slx
hundredths Of them could do SO alter a defeat.
ed candidate and his friends appealed to social
Influences to give him a place which, be could
10, get at he hands Of the people. 4. The Cor
~poration Attorney is not to be recogolz"d as the
tribunal before whom the application OF statutes
ofthe Legislature are to DC decided. Inc Court
is the place for such decisions, not a mere at
toruey, but the opinions of macy attorneys.
Hence it is not at all in The scope of the Cor
p~ora,iou Attorney to direct by his opinion
decisive action of the City Council 90 sub.
iscts which must, and can be decided alone
BY a competent court, and until the proper ju.
dicial power decides you not duly elected Chief
Engineer of the Fire Department of Atexan
dria, Virginia, or until you shall have been re
IL lc, Nav 4ar r,nI