The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-08-09
An IMPORTANT MUNICIPAL IEGIsLA
TIVE QUESTION.


AT the meeting OF the city council last
evening an interesting and important ques-
ton arose which in effect was whether
certain number of its members less than a
quorum could adjourn to a day other than
the day ofiis regular sitting. ALpERNAN
CARTER took the negative posi- ion. In th.
he was sustained by MAYOR Crowns, who,
however, at the same time stated that if
the council overruled his decision, they
might proceed with the business in hand
and he would preside. ALDERMAN
CARTER likewise remained upon the defeat
OF the mayors ruling, though under pro-
test as to the legality of any proceedings
that might be had. This was in accord
ance with CRY ATTORNEY JoHNsoY's view
The question was certainly an important
one, though as it transpired no material
business was done that will involve future
complications. 1t would seem that the
mayor, the city attorney and ALDERMAN
CARTER held to the legal and logical posi-
ton. The city charter provides that IA
majority of the aldermen shall constitute a
quorum for the transaction of business,
except at called meetings for the i'm
position Of taxes, when two-thirds
OF full board shall be required /"
Now the question Of adjournment is clearly
to be considered as one of business. 1t is
one of the divisions under the head "order
nj huginnag ~ md ,t,laua an L..
mt the "order of business" cannot be- par
ticipated in. In such cases the very gem
eral rule with legislative bodies, without
special provision on the subject, is for the
presiding officer to declare that the assem-
bly, stands adjourned until the next regular
day of sitting. So far, indeed, is this rule
sometimes carried that il particular hour
had been set by even quorum of preccd-
ing meeting then a meeting begun sub
sequent TO that hour is considered
of illegal character, and nothing more can
be done until the next regular sitting day.
This ruling We say obtains where no special
provision is made for adjournment by Il
fewer number than are necessary TO consti-
tute quorum. Most of our states have
this special provision. The provision in
our Texas constitution contains il, reading:
"Two-thirds of each house shall constitute
IA quorum to do business, but smaller
number may adjourn from day to day." etc.
So, too, with our national constitution
which reads; "a majority of each house
shall constitute quorum to do business,
but smaller number may adj
journ from day to day, to
compel the attendance" etc. In view
OF these articles, 1t would seem that where
the provision is omitted by the legislature
from n city charter, the adjournment must
be until the next regular sitting day. As
before said, no business of special import
ance was had at the council meeting, but
the reverse might have been the case, and
hereafter the legality of the proceedings
would have been brought in question. Had
some contract been awarded or had bonds
been negotiated, the benefciaries might
have been informed by some ftl-
ture council that what they thought
was valuable was indeed worthless.
We distinctly remember case where, I'M
der this identical condition of things, an
honorable gentleman, and skilled elcctrl-
clan and telegraph operator, entered into n
contract with the council of city in this
state to put up complete system OF fire
alarm telegraph, and to give his services
thereto for one year under salary, and in
view of which he surrendered much lucra-
two employment. The system was con-
structed and worked admirably. He ap-
Piled for his compensation therefor, amount.
ing to several thousand dollars. But, be.
hold, new council, and who utterly
repudiatcd the transaction ON the ground
of illegality of contract through irregular
council proceedings. II broke him up N
business and lost to him all his little store
and sent him adrift almost penniless
Such conduct Injuries the credit and the
fair namc of n city and should DO sternly
guarded against. MAYOR CRowpus, CRY
ATTORNEY JOHNSON and ALDERMAN CARrEr
are to be commended for their prudence
! and the course they took.