The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-12-20
THE PETERSBURG CASES.
Decisions Of the Supreme Court OF
Appeals which Are I'm Effect
Against All the Democratic
Claimants Except One.

by sickness from leaving his room.
In the Petersburg case OF Virginiu
johnson, petitioner, Us. Mann, Judge. an,
E.W. Couch, Judge Staples delivered TIN
opinion Of the court.
johnson was the incumbent OF the ofilc,
OF treasurer Of the city Of Petersburg fo
Tue term expiring July /, 1882, and on tn,
lst day OF July, 1882, continued 10 hole
the Office under the constitutional proyi
sion, ArticleG, section %: "Judges and al
other officers elected or appointed shall
continue to discharge the duties OF theiI
offices after their terms OF service have ex
pred until their successors have quail
led"
AT the general election held in May. 1882
Couch, who was at that time member OF
the Common Council OF the city OF Peters
burg, was elected Treasurer Of the SAID
city for the term commencing lst Of July
1882. On the 1st day Of July, 1882, Coucl
continued to hold his position Of Common
Councilman, taking his seat as member Of
the same at the meeting held at O'Clock
p. NJ. on that day, participating in its pro.
ceedings and voting on all questions com
ing before that body until about g O'Clock
+. NJ, when be resigned his office OF
councilman and appeared in the Husting,
Court OF Petersburg, and was permitted
by the said court 10 qualify TO the Office Of
Treasurer. although his right to hold The
latter Office was contested by Mr.. johnson
through his counsel.
johnson therefore applied to the SUI
preme Court OF Appeals for mdndomu'
to Judge Mann, and TO Couch, command
ing the Judge TO restore the petitioner e
his office OF Treasurer, and requiring Couch
TO restore to the petitioner the books anC
papers pertaining TO said office.
The Constitution OF Virginia provides
that "members OF common councils shall
hold no other Office in cities "--Article @
section go.
The opinion OF the Court yacates the or
der Of the Hastings Court permitting
Couch to qualify, and awards peremptory
mdndamus against Couch, commanding
him to restore to the petitioner, johnson
toe books, papers, &C., pertaining to th'
office OF Treasurer Of the city OF Peters
burg. The decision delivered by Judge
Stsples) was unanimous. Donnan d Ham
ilton, Pegram IL stringfelow, counsel fol
johnson; Judge w. J. Robertson, George
S. Bernard 4 d. NJ. Bernard, Jr., Collier
Budd, counsel for respondent.
A More Important Case.
Judge Lewis delivered the opinion be
low. 1t was concurred in by Judges sta
pies and Burks, though as 10 some points
Judge Staples desired 10 put IN writing hi:
views. varying some little from Judge
Lewis's. Judge Anderson read dissent
ing opinion, in which Judge Christian con
CURED In the main.
This was the. case ia which Judge Ould
was Of counsel flor the Democrats. and II
occupied almost his latest thou hts. He
was tenderly alluded to IN both the writ
ten opinions. and also IN tn. remarks Of
Judge Christian when he was stating hi,
position:
Kikhdm Us. r. X. Russell; Alley rs.
same i0tcOeTto lS0'~e, fVrto1 90
Same; Rdine as. Same; JoruiS as
Same; Eones rs. Same.
In these cases, which involve the same
questions, and have been heard together
the petitioners allege that they are lawfully
elected and qualified officers OF the city o
Petersburg, and rs such are entitled to be
paid from its treasury certain sums ol
money due them as salaries. They seve.
rally pray for a writ OF mdndanluS, com
handing the respondent, whom they alleg'
to be the acting Auditor OF that city, &c
draw his warrants in their favor upon the
City Treasurer for the sums OF money due
them respectively.
In his answers TO the rules awarded by
this court commanding him to show caus,
why the writs should not be granted n
prayed for, the respondent insists that the
same ought not TO be granted, and for two
reasons
First, because even il the petitioners arr
entitled TO the sums oil money claimed by
them, they have another remedy, plain,
ADEQUATE, and specific by actions
at law in the Hastings or Circuit Court Of
the CITY Of Petersburg; and
Secondly, because the petitioners are moi
lawfully elected officers OF the city Of Pc.
tersburg, and are not entitled 10 the sala-
ries 10 which they lay claim.
TO the answers the petitioners each
demur.
THE FACTS
averred therein, and by the demurrers adj
mitted 10 be true, are substantially these
By an act Of the General Assembly, ap-
proved on the 18th day OF March, 1916,
new charter was granted to the city Of Pc.
tersburg. Under its provisions certain Of
the city officers, including the mayor anC
Others, are elected by the qualified voters
OF the city, while certain other Of its Of
ficers are elected by the Common Council
The Common Council is body composed
of twenty-four members, or four member;
from each Of the six wards into which the
city is divided. Its members are divided
into two classes, and biennially, on The
fourth Thursday in May, one hall OF IL
members are elected by the qualified voters
of their respective wards for the term OF
two wears, commencing on the LIST day OF
July following their election. Its power &c
elect officers Is conferred by sections IL
and IS OF chapter OF the City Char
fer the last Of which provides thai
the Common Council may elect 4
OF water-works, a register
OF the water-works, n street commissioner
one clerk OF Centre market, one clerk OF
Old market, one keeper OF the powder
magazine, keeper OF the hay-scales, and
keeper OF the Blandford cemetery--each OF
whom shall hold his office for the term ol
two wears unless sooner removed IRON
office. and shall execute such sufficient
bonds and receive such compensation H.
the Council may prescribe. Power Is alsC
conferred on the Council to create and Ill
other offices when in the judgment OF two
thirds OF all It, members the interests oil
fbe CITY demand il, the term OF the incllm.
hents OF such offices not 10 extend beyond
the last day Of June in the year In when
any election Of any portion OF the members
OF the Council may occur. Under author
ity conferred by the last clause many in'
nortant offices have been created and nliedi
Including the Office Of city auditor, The
ire and police departments, and others.
AT TIE FIRST MEETING OF THE COUNCIL
held under the charter-namely. on The
LIST day Of July, ls76-sn election OF oiiieer'
was held, and on the same day, or there
after. an ordinance was adopted providing
for similar elections by the Council, there
after to be held, ut its first regular meeting