The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1884-01-25


cord.
The organization Of the town OF Blooms.
burg differs in many material respects,
from that Of boroughs. There has been
some contrariety Of opinion as to the au.
thority of the chief burgess of borough,
incorporated under the general law, to
take part in and preside over the delibera-
tions Of the Council. The affirmative was
held in the Common Pleas of Chester coun-
ty by Butler p. j. price against Beale 0
Luz. Leg Reg. 140,) and the negative was
held in the Common Pleas of Schuylkill
county, by Pershing p. j. (Com. VS.. Kep-
ner 10 Phila. 510) Judge Conyngham
also held the negative under the charter OF
the borough Of Wilkesbarre in case re-
ported in Luz. Leg. Reg. 118. But as to
the authority of the President of the town
Of Bloomsbury. the act of incorporation
has LETT little room for question. Section
II of the act Of incorporation reads as fol-
lows: "The electors Of said town y
shall -" elect 7oun Council to consist
Of president and six members who shall
severally hold their offices for the term of
one year, and the said Council and the
president thereof shall respectively possess
all the powers conferred upon them by this
act, and shall perform all the duties en-
Joined thereby" (Act 4th March 1870 p.
l.. 344) Section II of the Act of April Sd
1851 which is made a part Of the charter
reads thus: ''The powers of the corpora.
tion shall be vested in the corporate off,
cers:: designated in the charter. They shall
have power &c." and section III of the
same act provides that majority of the
corporate officers shall constitute quorum.
The president therefore does not act in
distinct capacity from, but is a constituent
part Of, that body designated as the Town
Council in which the corporate authority
of the town is vested and at the same time
is the person designated by law to preside
over its deliberations. He is none the less
a member Of the body, because he is elect.
ed by the people, and not by the body it.
self. He is counted in making up quo
rum, and there being no negative provi-
sions in the act, we are of The opinion that
upon fair construction OF the same, he is
entitled to vote at least where his vote is
necessary to decide tie or to make up the
number required by the bylaw under con-
sideration. II any other construction
were to be adopted, it might be fairly
questioned whether the bylaw would not be
inconsistent with that provision Of the gen.
eral law incorporated in the charter which
makes majority quorum. For would
quorum Of four, the president being one
were assembled they could take no action,
except on ordinary business Would it not
require quorum for the transaction Of
other than ..ordinary business to consist Of
five including the PRESIDENT A bylaw
must not be inconsistent with the
charter. The latter is the fundamental
law Of the corporation.
We now come to consider the second
question. The law requires the corporate
officers to make full records of their pro.
ceedings, and to provide for the preservu-
tion thereof" (par. III. sec. 3. Act April 8
1851, } and "to appoint secre-
tary" (par... V ibid. 1t is the duty of the
secretary to "attend all the meetings of the
corporation, keep full minutes of their pro-
ceedings, certify copies of any
book, paper, record, bylaw, rule, regula-
ton, ordinance or proceeding Of the corpo-
ration under the seal thereof, which copies
80 certified shall be good evidence of the
act or thing certified &c." (sec. 8 ibid).
The record therefore, kept by the officer
designated by law to keep the same is the
primary evidence. Whether 1t would ex-
clude other evidence of unrecorded action,
or evidence TO explain an ambiguity need
not be decided here Neither of these
things are attempted to be shown. The
defendants undertake to justify their ac-
ton by regularly and lawfully adopted
ordinance, but in order to overcome
seems to us, that they are obliged to con-
tradict the primary evidence of the method
of its adoption in other words, to
show by patrol That four members voted in
that only three so voted. Can this be done?
We think it cannot. Parol evidence may,
if necessary, be admitted to apply II resolu-
ton or recorded vote of Il town to its prop
er subject NATTER but not in general to
explain, enlarge or contradict its terms OF
meaning in respect to matters, Gas for cX-