San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1886-02-10
SOME COUNCILMEN.
The Question Of Whether they are Off.
GERS or Not.
Editor San Antonio Light.

Editor san Antonio Light
notice in your issue of. the Sth ip-
slant, some pertinent" inquiries by
"many citizens" the matters inquired
about are of great importance to the
public.
No election has been held in January
1856 for aldermen, as provided for by
the city charter, and the question Is why
not? The reason is, perhaps, that the
officers whose duty it is to order an cleo
ton, are of the opinion that the terms Of
office Of all aldermen whose terms ex-
pire since the legislative amendment Of
the city charter in 1885, and before the
first Monday in February, 1887, have been
extended to the latter date. 1t cannot
be questioned that the Legislature. in
the absence of constitutional limitation,
may create and abolish offices in munich
pal corporations, add to or lessen their
duties, abridge or extend the term Of of
flee, and increase, diminish or regulate
the compensation of officers at its plea
sure. The question then arises. has the
legislature in this instance extended, or
did theY intend to extend the term of
these aldermen. whose terms have cN-
pired in January, 1856? Section 6 Of the
old charter provides that "One alder
man from each ward shall be elected
annually, on the second Monday IN jan
uary in each and every year after lSI5.'
and then further provides. that they
shall hold their offices for three years,
etc. Section 3 of the charter, as amend
ed in 1885 provides, that. ION the second
Monday in February, beginning with
the year 1887, q mayor, recorder, COllec-
tor, street commissioner and twelve
aldermen shall be voted for, etc." and
section 6 of the charter as amended in
1885 provides, THAT the first election
under this act shall be held as provided
in section ., and every two years there
after shall be the regular charter cleo
ton for elective officers. The terms
of aldermen elected prior TO February
1887, shall expire, on the election of their
successors, on the first Monday in Feb
ruary, 1881" This latter section ia the
only provision under which it might be
contended that the terms Of aldermen
expiring in 1856, were extended to 1887,
vet it does not provide that the terms
of all aldermen expiring before lsS1
shall be extended to that time, Ii espeC-
tally provides that the terms OF all al
dermep elected prior to 1857 shall ex-
pire at, and to be extended to that time.
1t seems to be clear from that section
| that IL the question should be asked
whose term of Office shall expire on the
first Monday in FEBRUARY, 1887? the ans
! wer would be all aldermen elected prior
| to that date, whose terms OF office un'
der the original election extend
beyond the first Monday in February
1857, as for instance. the alderme r
! elected in January, 1885, would have
held until January, 1888, and those cleo
| ted in 1856 would have held until Janu
ary.'lSS9; it was the terms Of these al
| dermen~ the Legislature intended Ia
abridge, and provided that their terms
should expire on the first Monday in
! February, 1887, so that the election
might be held on that date in accordance
with the new appOrtiOnmeDt of tn,
charter amendment. 1t was not inten.
ded that the charter amendment OF lSS'
should in anywise interfere with the
regular elections under the old charter
as it specially provides that the first elcc
ton under Ii should be on the first
Monday in February, 1857, leaving the
election clause of the old charter il
force until that time. In this cas-,
the officers holding over ar
de facto officers, therefore their acts a
such are legal, and their title would ais
be good except when called in question
by quo warranto. As against the pub
lie, officers cannot found valid title o
right to hold over upon their own neg
lect Of duty, ii is made their duty upoI
the failure or refusal of the Mayor, t
themselves order an election for thei
successors. OSCAR BERGSTRoM,
San Antonio, February 9th, 1856,