The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-03-05


The report OF the Chief OF Police for the
month OF February (Which has already been
published In the DiSpatch) was received
and ordered to be filed. \ report from the
Finance Committee. recommending The pay
ment Of "a number OF bills, aggregating s5l5,
was presented and adopted. The following
communication relating 10 the Manchester
mayoraliy was received iroA Judge French,
OF the Hastings Court:
| TO the Honorable the President and the
Council Of the city Of Manchester:
Genilemeu,--I am advised UhOugh have
no official information OF the facD that the
! Hon. James \. Gentry has rendered to your
| honorable body his resignation OF the may
! orally OF this city. and that on the evening
Of the reception Of bis letI OF resignation
your honorable body proceeded at once 10
vote i'm the selection OF his successor 10 till
the temporary vacancy 30 occasioncd,
where's undCr the rulings in BuTch Us.
! HaidNick. decided 10y the Court OF APP
peal, Of Virginia. and by virtue Of the Sth
section tf the lj3d chapter Of Sessions Acts
OF 1915. and OF the ~ section OF the act
establishing the Corporation CouIt Of this
city, passed April 1G. 1S7l [both OF ,ubse.
quenl date to the chatter Of the cltyl, 1t
would appear that the power Of appoint
ment in such case is vested in the Judge OF
( the Curnoration Court Oi Mrnchc,ter.
The IN section Of the act establishing the
CORPORATION courts for the cities Of Man
chester and Winchester passed April 10,
1874. reads:
IS :. The said courts. and the judges
thereof in vacation shall pos e:' the same
Jurisdiction and powers and shall perform
the same duties ~ are vested in and i'm.
posed upon other corporation courts. and
the Judges thereof by any statute relating
10 corporation courts, or by the general
! law"
The Sih section Of chapter 1j3 Of the Acts
7 Of 1S74-'j declare that "wlits OF eleciions
TO IN vacancies iD county, corporation. and
] district Offices, shall be- issued by the Judges
OF lbc county or corporation courts OF The
counties or corporation in which such va
canclcs occur: - that vacancies in county,
corporation. and district offices shall b. I'LL
ed at the next election after such vacancies
occur The term OF Office OF all county,
corporation, or district officers elected Un-
der this section shall commence on the lSt
| dav Of July next sue ceeding their election
| Provided. however, that when Il vacancy
occurs in any county, corporation, or dis
trict Office, the same shall he temporarily
! filed by the judge OF the county or corpo-
ration court in which such vacancy occuIs,'
&c, Sc.
The mayoraI;y, take if, is a corporation
cfice, vacated by The resignation Of Mr.
Gently. who had been elected by the pco-
pie to ill the same, leaving some sixteen
months Of his term uneXpired.
! Wren i this vacancy to be filled? This
! Slh section says sat the next election after
slich vacancy occurS.' How and under
what authOritvi This same section tells
| 4 ptf Of IL
tion. which "shall he issued by the Judge
Of the Corporation Court" and the same
section provides the term Of office Of the
officer "elected under this section shall
commence - not on the day OF his election,
! but "On the first day Of July next succeed
! iDg [hisl election"
| II the law providing for vacancies in
"county, corporation, or district offices
! had stopped inst here, your honorable body
| would perceive that there would have been
no provision for the period between the date
| Of resignation OF the former incumbent and
! the time when the neWly.elected officer
should be entitled to enter upon his term OF
olfice-in the case before Us gap Of several
months. But the Legislature, mindful that
there would be such an interregnum, il il
should 20 10 further, Immediately provides
! against such condition OF things by decar-
| ing" Provided, however, That when va
cancy occurs in any county, corporation, or
district Office. the same [yac9ncy1 shall be
temporarily filed" not Dv the supervisors
Of the county, in the ease Of a county Office.
nor BY the Council OF citV, i'm the ease Of a
city office, but "by the Judge Cf The County
or Corporation Court in which such vacancy
OccuIs."
Bv reference 70 the 2l.t section, chapter
6 Of Code OF 1873 (which in this respect lol-
lows the act OF March 80, IS1n. your honor |
able body will perceive that there j. no pro-
vision for filling vacancies IN corporation |
offices except for the Offices OF the Hastings |
Court clerk and attorney for the Common |
wealth, and in the special ease Of the clerk |
Of the Chancery Court Of Richmond: andby |
reference 10 the l2'h section Of chapter lj3, !
Session Acts 1874 .. YOU VIII perceive that |
The 21>, section. chapter 9Th of The Code, l.
repealed, and elton Sih Of the &c; OF
1874 , was substituted for IL and YOU Will
also note the concluding words OF section
l2ih 0 the 1884 chapter, Session Acts
lS74.'j-" All acts and parts OF acts incOn-
sistent herewith are here by repealod.'
am IS clear in my own mind that the
power and duty Temporarily" 10 iill the
vacancy occa>ioned by the resignation OF
Mr.. Gentry rests in the judge Of the Cor
p0ratiOn Coult as am that it is his duty,
and consequently within his power, to issue
a writ Il election, so that The vacancy "shall
be filed at the next election after such Va
cancy occurred both powers being con-
ferrcd ard both duties lmpoScdby the same
Sih section OF the act Of 1S14-'1j.
Nor am | without precedent in tins be-
half On reference TO tie records OF the
Corporation Court Of Manchester find that
ny learned predecessor had no doubt OF bis
power in similar cases, and am yet 10 hear
that corporate authorities OF the town inter-
posed any objection to its exercise.
By the charter it is provided that there
shall be a city treasurer, a clerk OF the lIust-
ings Court, an attorney for the Common
wealth, a city sergeant, commissioner OF the
revenue, one justice Of the peace for each
ward, a constable. My predecessor had no
hesitation in appointing persons to iii! all OF
these several offices. These, by the charter,
are called Getty officers" which, take it,
is the same as corporation "oticers," aud
they are so exactly 10 the extent. and no fur.
ther, that the Mayor is a " city" or corpo-
ration" officer and If The right were in the
corporation Judge to appoint them. why is
1t not in the same power TO appoint the
Mayor! There is no reason, take it-and
| take II also he was OF like opinion, for he
actually did exercise the very power II now
claim rightiuly TO be in the corporation
iudge] In the appointment OF l.. II. Chles as
Mayor OF Manchester.
/ do not rely, however, on these pre-
cedents, authoritative as they are, but
upon the law OF Ihe case before cited.
Yet with law and precedent to assure
me, J., as Judge OF the Corporation
Court OF Manchester, bave thus long re-
o1 fr.u bo Of IA Ia |