Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-04-28
EHNDEDHT TIES.
All cards inserted. under this caption must be
laid for in advance.
rrNO THE VOTERS OF THE CITY OF AL
EXANDklA.

i EXANDRlA.
AS the time is approaching when the people
of this city will be called upon to elect u Mayor,
and MS the question OF my eli.ibi ity to that
office has been raised, it is proper that should
define my position.
rhore mover has been doubt in my own mind
as to my eligibility for reelection. The 34th
section Of the city charter admits OF no other
reasonable construction than that the same per
son may be elected TO the office oI Mayor by the
qualified voters" Of the city for three success
sivc terms However, while this was my Dc
cidrd opinion on the subject, | felt unwilling To
trust entirely to my own judgment, and thero
fore submitted the question TO two dIslnterested
legal gentlemen OF ackE owledged abllity, WIN
The declared intention to abide by their decision,
whatever it W: 5. if they agreed.
Their written opinions, which were handed to
me this morning and which are hereto suo]olned
fully confirming ss they do, my, own construc
tion of the 34th section. | hereby respectlu'y
tae Ctlice of Mayor at the approaching e. May
election. 4. hhMI HN'
X ksmper esq:
Dear Sir: In answer to your favor asking Tor
my opinion in writing as to your el'g bllity ior
re election MS Mayor of the city OF AleSahcria
I respectfully submit the following:
The 34th section Of the charter provides that
the Mayor of the city of Aexandrin shall he
annually elected by the quail fed voters;
that he shall holu mis- office for one year.
II the expiration Of which period he may bere.
elected for two terms successfully and no longer
This is the reading Of the section ss 1t bear
upon the question of your eligibility TO u re-
election
The simple question is this: when is Mayor
ineligible to re-electonf answer Wnen nc nus
been elected for three successive terms oy me
people.
his disqualification does not begin to run until
he has been elected by the people for me perioo
of one year, and the section Is explicit that NJ
the expiration of that year be may be re'electeo
for two terms successfully.
The 7th section provides that in case vacan'
cy shsil occur in the office Of Mayor, the Clty
Council shall elect qualified person to supply
tho vacancy for the uneA pred term.
This section hus no reference to the 34th sec
ton. I here is nothing in the charter that gives
an election by the Council to supply u vacancy
for an unuXpired term the same effect, as HI
cleo ton by the people for q whole term, and the
rules for the construction Of statutes do not per-
nit of such M interpretation OF the act
The incumbent would have the right TO 90
re- elected rs often as the people might choose to
re-elect him, if there were no provision IN the
charter qualifying that right.
Whenever y statute is in Gerogation of right
it must be strictly construed, and as this statute
is in derogallun uf the right to be elected MS
often Ms the people might chooseto eIect-ln that
it provides that the Mayor may be elected tor
three successive terms and no tonger-thls dls-
qualification cannot be extended bs implicaton
To snv tha. person who has beon elected oy
the Council TO fill u vacancy for unexpired
term is not eligible to an election for three SIC
cessive terms by the people would be to con-
strue the act rs If it read that person might he
elected for three successive terms by the people
provided however, that if he had been elected
by the Council to fill u vacancy for an unexplred
term ne could not bo elected by the people for
lhrce terms SUCCESSFULLY. This would be to
make u law not TO construe ono
Very respectfully, Sc,
Ii. .. CLAUGnToE.
X. Hcnper, esq:
A cat,Lldato lvr Mavor, under the charter of
Alexandria, may be elected by 1.-THE people Tor
three successive terms.
No period OF service, short of three full terms,
under elections by the people, can take away
his eligibility.
His eligibility is not in any way affected by
the fact that prior to mis- first election oy the
people, he may have filled vacancy in the "t-
ice under an election by the Council.
think, therefore you are eligible to the rtlce
OF Mayor of Alexandria at the coming munlp
al elactinn s. FERGUSON BEACH