The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-11-25
THE CITY ~RNE

cy in the office Of City Attorney that must
be filled by election or an appointment,
whichever may be decided upon. Some OF
our lawyers are OF the opinion that the
Mayor, with the advice and consent Of the
Council, has authority to appoint an elect
i've city officer, except Aldermen, while 9th
ers, equally as well read in the law, hold
that such vacancies can only be filled by an
election. The City Charter is silent upon
the question, and so are the gen.
eral avs Of the Territory. The
city ordinances, however, prescribe simply
that Council will order special elections to
fill vacancies. This provision may be ef-
~fective, SO far as filling vacancies in it's own
body is concerned, but it hardly seems
probable that it can order special elections
to fill offices over which it has no control
and which are not creatures of it's own max.
ing, but are created by the charter itself.
Under the charter it was originally pro-
vided that the Mayor should appoint the
City Attorney, Treasurer and Police Judge,
but this power was subsequently trans
ferred to the voters when these officers were
made elective. The amendment to the
charter only provides for a spring general
election and makes no provision for the
filling of such vacancies as may occur in
the interim by death or resignation be-
fore the expiration of a term o. office. The
only reference to special elections in the
charter are those which relate to the
Mayor and Aldermen.
The custom all over the country-and
custom makes la us for the Mayor to fill
such vacancies by appointment, to serve
until the next general municipal election.
The authority of the Mayor, within his
municipality, is analogous to that of a
Governor of a State or Territory. unless
otherwise provided by the city charter or
the general laws, and that clothes him with
the right to fill vacancies in elective offices,
Governors appoint in all cases of vacancies
in elective State Offices, and order special
elections for members of Congress and the
Legislature. The County Commissioners,
in this Territory, appoint others to vacan-
cies in County Offices, and sometimes ar
s%AA6~ 4 = ~PP0AAc OA( u W 6uCI
places. They also fill vacancies in their
own bodies. Reasoning, therefore, from
analogy, it seems very clear that the Mayor
has power to fill vacancies, such rs that of
City Attorney, where the authority to do
so is not expressly taken away from him.
1t matters very little which course is fol-
lowed, so that the Mayor appoints, or the
voters elect, a competent and experienced
lawyer to the Office. What are most
needed, beside legal ability and experience
in municipal laws, are honor and integrity.
Ability and experience are requisite in
drafting ordinances and complaints, and
prosecuting ordefendingi in the higher courts
the city's rights and interests. The proper
preparation OF ordinances and the revision
Of those already in force is necessary, in
order that the peace and health OF h com
munity may be preserved, and that the
city may no longer occupy the ridi-
culous position it now holds in the
Courts. Honor and integrity are
essential to secure a faithful accounting for
officers hands, and the prompt payment OF
policemen, laborers and other claims
against the city. Besides these there is an
other qualification which should not be
overlooked, which is, that the gentleman
to be selected to the vacant office should
be so conscientious as to pledge himself to
accept no fees for his services that are ex-
torted from defendants in cases of convic-
ton. Money is all powerful, therefore the
hope OF ~pecuniary reward too often tips
the scales of justice the wrong way in sucn
cases. Let the city pay the salaries or fees,
then none but the guilty will be convicted
and the finds will more than counterbal-
ance the costs.