Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-07-10


under sneA esrsiacatss al af the aba7,
named pe<sCns took the 0fhses aud e1
tered 1poa the duties Of the same
k01f OF tha above named C00neiiner
resigned and s1eoessars we're sppSintel
oy sae De faets C01neil OF thess sac
esssors three propose to bold over IN
oaF 30 sppointmsot until the election
OF Iss5.
The tsGal problem il now presented
Snethsr OF not ~ this next eiecsioE
toe eieetors of Seattle have q right tc
psvsorm duty enioined sp0a them bJ
ssction 81 Of tue amended charter o.
1888. and Which they vers required Il
perform 1t the general eiestioH Of 1884
aus vhteh they Inadvertently OF other
wise omitted % perform a. % & time
Ireatina the slection Of C0unciimen N
1884 "A 9 mere nuiliity eonfegring nc
legal title 70 Once, bat only sdorzinc
professions By the aepliestion OF the
pfinsipIes 81 Dc fscto ofiseEs, the ques-
f2n arises, WHISTLER OF not municipal
ofnoers tnay be elested after the tine
appointed BY iaw when there Vas = fail
are 70 eiees as the proper time.
We uuhssitatizaiy answer this ques-
ton IN the affirmative.
In this country % has been frequently
decidsd that sa election for municipal
ofheers may Be held after the charter
day; and that q ssaSstiagsaf may Be
granted 10 compel the proper officers "a
give notice thefesf: Dlllon's Naniei-
pal Cogporatious,3d edition. section $50.
Chancellor Kent saya "that the sound
er and better doctrine ia, THAI when the
nemoe Of . corporation are directed
10 be anu 1aiiy elected, the words are
only directory and do not take away
the power incident TO the Corporation
20 elect afterwards. when the annual
day has, by some means, fres from de-
sign or fraud, bsen passed by.s
Sec0ad volame Kent's Commentaries,
page rs, the same doctrine vas held IN
q etse IN point decided by the Supreme
Cont Of Iliinsis ia 1863.
People AZ rel. Young VI. Trustees OF
the toxa Of Fairburg, 81, Illinois re-
poFts, page lt9. The sane eoart in the
case Of Coles connty ". Allison, sd IL
llnois reports. page 43T. says shat tbs
day indicated By the Legislature IS the
day on which the election Of town
offieers SHOULD be held. was not Of the
essence 81 the incorporation OF tbs
town Of Nation, and III the day, BY
s1me means, free from design or fraud,
was passed BY. the power 70 elect on a
Subsequent day vas not taken away. II
p7ast be considered a. directory only
To the ssms effect are she Gases OF
State ~. Smith, ~ Minnesota Rsoorts,
D. 2le. and Stase Va. Tolan, Vroom
and SD Neg Jersey Law Il ports, ..
IS, and cases cited In notes on above
sited pages Of taxi books.
The office of Councilman in munioi-
pa- corporation involving she exercise
Of legislative 90 we'll a. administrative
functions, ~ essentially representa-
tive one. and should ee fiiled by the
s1ffrzRes of ali the electors. Il aceords
with the spirit and genius Of our insti-
trtions and republican form Of govern
ment TO vest 10 the people exclusively
the right 10 designate the officers en-
trusted with legislative duties. And We
consider the claim Of the persons hold
ing under appointment 20 I'LL vacancies.
10 prolong the tenure of their oftise
beyond popular election, regularly
called, when their only title to the
office 10 an appointment by men who
themselves ara. IN technical sense,
ofislas intruders, AZ being alt0gether
unwarranted BY Law, contrary TO the
letter and spirit Of the charter aud sub
veFsive Of popular government.
|. The only remaining question TO be
answered. 10 whether or not the failure
TO give the notice By the city Clark fer
the election Of three Councilmen In
cash ward. al required by Section IS Of
the Charter, will defeat an election.
We answer no. Judge Cooley, one Of
the most eminent living iurisss, says
when both the time and the place of
an election are prescribed BY Lag, every
voter has right 20 take notice Of the
law and 10 deposit his ballot at the
time and place appointed, not Withstand
ing the officers, whose daty IL Is 10 give
notice ef the election. has failed in that
duty. The right TO hold the election in
such q case, is derived from the Law and
not FROM the nosioe. And this rule will
apply 20 an election to I'LL . vacancy. II
the same occurs long enough before the
election, 20 have become generally
notorious, and u is was In part general
" known, tCooley on Constitutional
Limitations, page COS. Also Mr.. Nc
Craig on elections, sections III. lis, il9
and 10, aud authorities there cited
We therefore advise you to cast your
votes at the ensuing municipal election
for three Coun eiimen from each ward,
two for she term OF one year TO ill the
places required TO have been filed at the
general electi ON Of 1854 for the term Of
too years and one foe the full term Of
two ysarA Very respectfully yours.
STRUvK, HAIsEs h hoMICKKS,
Il p. FKaRY,
RICHARD OSBORN.
On mott N Of b. Brown, this opinion
vas taken sii the opinion of the meet
ing.
The following Executive Committee
vas then appointed by the chair to call
meetings Ia their respective wards 10
nominate three Oounollmeu for the en-
suing eisesion: First Wsrd-J. b. Met
oalfe, julius w. smith. w. A. Harring
ten and Henry Shehan- Second Ward
q. b. Adair. y. O. Haiues, A. B. Stewart,
Geo. ID. Hill and J. J. Post. Third
Ward--J. Earth, Geo. w. Hall. II. q.
strive. r. Osborn and Y. W. wald.
J. @. Haines was called. He had sup
posed that during his absence there had
been q sufficient number Of speeches
made, bus Il gave him pleasure 10 I'd.
dress 80 large and intelligent an au-
dieuse. For some time myself and
friend have fslf that this city election
YES going BY default. aud we we're
again 10 be bound hand and foot. but
when look about and see this crowd Of
people. | realize that the fight will be
valiantly made. The opposition Il 3
political fraud. They are wearing the
livery Of che Lord 10 serve the devil In.
They have put forth = platform that
any COED citizen can indorse. bat you
must 20 behind this and look Al thsir
record. OH Q record 10 q terrible
thing. II 10 like letsers men sometimes
write. which sxist for years 20 menace
them. Juss lock &C t. They wefs
plsdged 20 enforce the fav,
and yet there have been thres
murders ia the past year and
| their polios force haa Furnished no ezoe
| 10 the perpetrators OF The crime. fheJ
pIeaced themselves 10 watch over the
material interests OF the city. and the
| ARA thing they did Gas 10 tarn awEy
trAds, By saying 20 the I0Rzer yo1 can.
MT come here and bug goods or hquei
On Sunday. That party II pledged d
only one thing. and that 10 10 kees
thsmselsss In power. Mayor Lsary = 9
personal friond Of mine. bat dant iiks
him politioally. One year 600 be Was
sIsessd By the business man, becausl
they thought him the moss assiiAhls
man. hat he has betrayed ~ W.
/ shoald lar down the princtple thai trai