The Portland daily press., 1884-01-15

Its own members; and In case of vacancies new
elections shall be ordered by the Mayor and Alder
men.
These citations establish that in the con-
temptation of the city charter ''the Mayor
and Aldermen" is a phrase equivalent to
"the board of Mayor and Aldermen" and
having no different Specification, and that
''the Mayor and Aldermen as one board
or body, are charged with the general exec
utive powers of the city.
L. The position, duties and powers of
the Mayor in meetings of ''the Mayor and
Aldermen" are exactly defined in section 8
OF the charter as follows:
He shall from time to time communicate TO the
City Council or either board such information and
recommend such measures as the interest of the
city may require He shall preside at all meetings
OF the Mayor and Aldermen, and adjourn meetings
OF the two boards, but shall hare only a CASTING
cote.
1t will be noticed that the expression in
the last sentence is not meetings of the
Board of Mayor and Aldermen" but ''meet-
ings OF the Mayor and AIdermen," the pre-
else form of expression used 10 the statute
of 1868.
5. We cannot suppose that the statute of
1868, in naming the Mayor and Aldermen,
constituted new executive board, composed
OF the same members en o6icio, as the exist
ing Board of Mayor and Aldermen, but gov
erned by different rules, for the purpose of
voting on the city's stock. That would be
strained, and it seems to us an nnwarranta-
Bile, construction of the statute. 1t is more
reasonable to suppose the purpose was to
lodge the right and duty of representing the
eity's interest at meetings of the railroad cor.
poration in the existing board, known to the
law, In which the general executive author
ity of the city was already vested and whose
proceedings were governed by established
and definite rules. And if this natural and
common-sense Interpretation is correct it fo,-
lows "as the night the day" that the meet
ings OF the Mayor and Aldermen to deter
mine in what manner they will perform the
duty of voting on the city's stock in this
railroad corporation are governed by the
same rules as any other meetings of the same
board, and the Mayor has no extraordinary
powers, but only the ordinary ones of presid-
Ing officer with only casting vote.
However, this discussion is unnecessary.
The Mayor did not act OH the alleged
opinion of Mr.. Putnam. He did not at
tempt to vote when the vote was taken.
He did not even wait for the City Soli-
cltor's opinion on the question of his right.
up to this moment the City Solicitors
opinion on his right has not been official
ly pronounced. The Mayor, apparently
suspecting it would be adverse, quailed. alb
Dictated the chair, and fed from the chamber
before 1T was pronounced. OF course when
he, by absenting himself, surrendered the
power to vote there was no occasion to de-
eide upon his right and no decision was
given. To be sure he declared the board
adjourned, but we will wager sixpence no
lawyer ever told him he could, all alone by
himself, prorogue the meeting. There was
legal presiding officer in the absence of ths
Mayor, who took the chair. There was a
quorum present, and the business in hand
proceeded to lawful and orderly conclu-
sion. If the Mayor believed he was right
he played the part of a coward and a blum
derer. He gave away his cause.