Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-06-17
THE MAY0RAIrY.
An opinion OF she City Attorney on
the subject
City.AttOrney Charles V. Meredith has
furnished Colonel Lucien l.. Bass with the
following opinion:

CitysAttOrney Charles V. Meredith has
furnished Colonel Lucien L.. Bass With the
following opinion;
You desire 70 DO informed whether you can
rightly continue 10 perform tho duties OF Mayor
under section ~ Of the city charter since Mayor
". @. Darlington has been, by regular COM
mission Of lunacy. declared 20 be Insane, or
whether, undor section 10 Of the same, il was
not now necessary for tho City Council 70 elect
q Qualined person % I'LL the vacancy for the un-
expired term Of Mayor Darlington.
You will notice that by the lastnsntiopod sec
ton tho Council can only elect " TO supply tho
vacancy" They are given no power te declare
vacancy. They con "supply the vacancy when
81 has been created by Lac.
question q power, quito similar 70 the ono
h6ro under notice. arose IA the case OF the state,
&C, "a Baird q Missouri. 31l-303. There Il APP
peared that a county court had been givon by
statute the ssm0 power that the charter Of the
city gives 70 the CitY Council The County Court,
upon oral proof Of continued sickness and Ia
sanity. declared the Office vacant. and proceeded
% nj T.. Ths supreme Court Of Missouri. COM
menting upon that action. said: The statute
authorizes the County Court TO 1ll an existing
vacancy, but confers upon the court no power 70
create the vacancy 10 Is TO supply, Tho statute
cOnfors DO jurisdiction upon the County Court 70
act In the premises until a vacancy actually ex-
istsr
Tho above quotation applies with equal force
20 the City Council, unless "a vacancy actually
exists" Mayor Darlington was duly elected.
10 qualified, was Installed In Office, and con-
ties. Being thus entitled TO the oflce no cannot
10 removed from 10 except by competent au-
thOrity. II the once Of Mayor IL now vacant II
has occurred only from the insanity Of the Mayor.
declared Ia duo form OF Law. Hence the ques-
ton 10 DO decided Is Does such declared in-
sanity work Of Itself a vacancy In the offlce7
A learned lRw-wrter Of this state, discussing
the modes whereby onceo may be Oetermiueu,
and noticing among tho causes Of forfeiture OF
Offices conviction o. felony. bribery, uOn-uscr Of
oficc. stato5 ths rule a. follows:
Resignation, expiration OF term, aud re-
moysl by competent authority, II course termi-
nate the once pToDriO rtg0rs; but Ia the other
cases Of delinquency. the Office Is not deter
mined fPsO fqctO by the occurrence OF the cause.
There must be a judgment ~ GnlOtion. after
judicial ascertainment Of TIE fact: which may
ue by indictment or Information, by writ OF quo
varranto, or by impeachment" Min. lnsts,
page "a.
The principle Just quoted was held to DO the
law Of this Slate ia the case Of tho Bland and
Giles county Judge. 80 Grat., 4i3 $50
10 Is true that insanity. ike conviction ot
felony, may WORK forfeiture Of an Onico. Bat
forfeiture OF an Osice does not necessarily
create a vacancy; az general rule IL only fur
nisnes cause ~ omOdon or removal WILCOX
on Nun. Cor. Part l., page '2i5
Inc laW-writer last mentioned also sfates on
page Pa that "if tho statute provides that an
alderman snail remain In Office no longer than
he continues % reside within the municipality
does not 10 fact taCafs the Office, and there must
10 an aInOtion before another nfn be sbctsd
Neither, Is seems, does conviction OF An mia
nous offence, such as perjury or forgery,
yacate tho ONCE without amOiiOn."
In Stock on Non CompOs Months, Part l., BIZ. 2
chapter ], page 40, the author. speaking OF ofi-
GERS who become insane, uses the following Ian
guage:
But, although incapable Of disrharging m
Office, IL by no means follows that no is 10 be de-
priyed ef il permanently on account Of such IN
capacity, except IN certain cases to 10 mon
toned; ana this with reason, for as his disquali-
fcEtiou may terminate al any moment In the
case Of q lunAuc, at least groAt Injustice might
be done by such deprivation"
In tae light Of the above / am OF opinion:
lst That the declared insBpity OF Mayor Car
riDgton does not work Of Itself vacancy 10 tie
onlcs or Mayor.
~. That a vacancy 70 be created for such
cause must 10 by Judgment OF motion OF ro-
mOyaL
80. That as no such judgment has been en-
tered there IS no Va ancy In the onlce OF Mayor
20 10 filed by she City Council.
4th. That yOu must. unddF said section ~ con-
tlnuo 10 perform MS duties Of Mayor.
c. v. MEREDITH, City Attorney.