San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1886-02-18
ALDERMANIC QUESTION.
A Light Reporter Interviews Mr.. John
n. Copeland.

A LIGHT reporter interviewed e1-Al-
derman John II. Copeland on the alder
manic question. with the following re-
suit
RepOrter.-H Is il that You are ac-
credited with the agitation OF the alder
manic question
CODeland.-Thec credit, If any there be.
does not rightly belong TO me. Some
months ago | heard that certain alder
men intended TO hold over under the
amendments to the city charter. As |
had only short while before been sT-
gagged in contest involving the same
question, my interest became at once
aroused. Meeting Mayor Callaghan an d
Alderman Gallagher, | referred to the
report and suggested that. in order to
prevent trouble, the question ought to
be determined. A few days later Alder
man Conner spoke TO me on the subject,
and then followed the public discussion
R.-Would you mind stating your pO-
sitiOn?
eff do. 1t will be with diffidence,
as | do not affect that profound knOwl-
edge of the law which would enable me ,
with Il wave Of the hand. to settle and
dismiss momentous public questions.
Briefly stated, my position Is this:
First.-Ihat the amendments to the
Charter, by fair and legal construction,
do not extend the terms Of Aldermen
which expired in January, 1886; the only
reasonable implication being that this
new method Of election therein pro-
vided shall begin its operation on the
fret Monday in February, 1887, and that
the duration Of the official terms of all
Aldermen elected under the provisions
OF the old Charter shall then terminate;
that the provisions Of the old Charter
remain in force unless in conflict with
the amendments are expressly repealed
thereby, will go unquestloned by law
yers.
SecOnd.-All laws that impair the OBJ
legation of contracts are by the COnsti-
tuition of the United States declared
void, and our courts uniformly hold that
grant Is a contract executed. Our own
State Constitution expressly inhibits
eX post factO and retroactive laws:
such laws are defined to be those govern
ing and controlling past transactions.
whether they be Of a civil or criminal
nature. Therefore, assuming that the
Legislature unequiVOCally expressed In
the amendments TO our Charter their in
tentiOn 10 extend the terms of the said
Aldermen. such provisions would be
both eX post tactO and retroactive. and
hence nulland void.
Third Our honorable and learned
Mayor calls our attention to that clause
Of the charter. which provides that all
officers shall hold over until their sue
CessOrs are elected and qualified. There
is also such a clause In our State cOnsti-
tuition. If our worthy mayor and those
who entertain his views, will refer to the
latest and best authorities, they will find
that it has been construed not to apply
to officers whose duty it is to order the
election Of their own successors, and
that they cannot found a valid title or
right to hold over upon their own neg
leCt Of duty.
FOur.-If the members of the Board Of
Aldermen whose terms expired in Jan
uary 1886, hold over, a dangerous
precedent will be established, and future
administrations will be encouraged to
follow the examples of the past centu-
rles and continue in Office for lite by fail
ing and refusing to order elections Of
their successors.
Fifth insist that the right OF the
people to representatives fresh from the
people, should be very jealousy guard
ed, and, in the language of the highest
court, (see Wright versus Adams, 4j
Texas Report, page l40-l4U. when
the duration or term OF an office, which
is filed by popular election, is a ques-
ton Of doubt or uncertainty. the inter-
probation is to be followed, which limits
it to the shortest time, and returns to
the people, at the earliest period, the
power and authority to refill it,
SiXth.-Finally, il seems TO me that n
| true republican or democratic spirit
would deter any man from wishing to
hold an office beyond the term for which
he was elected at y popular election; and
all good citizens should demand that
such spirit shall always be manifested
| by their officials.