The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-12-20

the people begins Why should the Legis-
lature require that the terms Of the officers
elected by the people shall begin within
less than six weeks after their election
and by the same act give to council, one
half OF whose members have been elected
Tor more than two and the other half for
more than four years before that time, the
power to elect officers whose terms begin
OF the same timer II Il manifest that such
was not the intention OF the Legislature,
and that biennial elections Of one half Of
the Council are prescribed in order that
the voice OF the people, speaking through
their newly-chosen councilmen. may be
heard rs well In the selection OF officers BY
the Council As in other matters entrusted
TO 1t affecting their interests and which
pertain to the government OF the city. In
such eases to doubt IL TO deny that the
power claimed for il has been conferred
upon the Council.
Nor is 1t an answer to these objections to
say that the members OF the Council, who
have seen years OF service therein, are bet
ter qualified by experience TO select officers
and standing committees than members
newly chosen and without that experience.
OF that matter
OF the city are made the Judges. who may
reflect or supplant the old members. rs
they may think best for their Interests.
such reasoning sccme not 10 have com.
mended itself to the Legislature. or doubt
less longer term of service for members
OF the Council would have been prescribed.
The upreasonableness Of the ordinance
IN question may be further illustrated by
r.f a, - lao D - 81.
Charter. That section empowers the Com
mon Council to abolish at any time il NAV
deem 1t cXpedent TO DO so any office which
IT may fill; yet ii provides that no ordi-
nance abolishing any such office shall take
effect until the expiration OF the term Of
office OF it, then incumbent. Suppose.
then, at the election which occurred in
Petersburg on the fourth Thursday in Nav
last the sentiment OF the voters had been
expressed, whether in the interest OF econ
omy or for any other reason in favor
OF the abolition OF any, or all, Of those
offices, and that they had elected members
OF the Council to carry ont their views in
that regard. II the ordinance Of the 18th
June were sustained. which was subse-
quently adopted, but before the new men,
bers so elected could take their seats in the
Council, the will OF the people would Ice
thwarted. or at the soonest could not he
carried into execution for two years after
the tune when but for The ordinance il
could have been done. Meanwhile, set
OF useless, expensive, or Otherwise Objec-
tionable officers would be maintained in
office at the expense OF the city and against
the expressed Will Of It's qualified voters.
Ia holding
THE ORDNANCE IL QUESTION VOID,
we do not mean 10 decide that the Council,
having fixed it, July meeting following nm
election as the time for eecting officers,
may not fix any other time for electing
them. What we decide. and all ye decide
is, that the time fixed ly that ordinance il
not reasonable time, and for That reason
il is invalid.
Secondly. The elections which were held
under The ordinance oil the 28th June
are void for the further reason that the
Council on the Isl day II July. 1880. at The
tlrst meeting, elected all the officers elective
by IL for the term Of two years. com
mencng OIL that day. Having done so. H.
power in that respect wa, at an end. 1t
having once elected officers, il may choose
a second set for the succeeding term
to follow those first elected. it - lithoul,
| to see why ii may not, with the same pro-
| priety, choose a third to succeed the
second, and 30 on. II is unjust TO Tho
Legislature TO say that il il had intended
to confer upon the Council the eXtraordl.
nary power TO elect the petitioners. under
the circumstances attending their election,
ii would have done so in language too plain
TO admit OF mistake. Not having done so the
rule Of Interpretation referred 10 requires
the doubt, If doubt arises. TO be resolved
against the existence OF the power.
II follows that the petitioners are moi
lawfully elected officers OF the city ~ Pc
tersburg, and the rule, awarded in these
eases mist therefore he DISCHARGED