The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-06-18
FIRE AND POLICE.
MEETING or THE BOARD or PUBLIC
INTERESTS.
CRY ATTORNEYS OPINION CON
CORNING A VACANCY.
FIERCE FIGHTING FOR NIX. DICK EK-
SONS PLACE.
Parliamentary Tactics Tried. Ruf IhcS
would Not NO k-tiderman A. L.
ufckerson Elected n Mem
Der Of ihc Board by
Close yoIe.

The Board OF Public Interests met III
the Council Chamber yesterday after
poonet 6 o'clock. There were present
Mr.. T. Il. Campbell. chairman, and
Messrs. Gum, Elicit. Taylor. Higgins
w. ID. Courtney, Noting, A. K. Court
ney. and Purcell.
The chairman submitted resolutions
from the Council calling upon the
Board TO nominate three candidates ior
Fire Commissioner from Madison Ward,
to fill vacancy caused by the explra-
ton Of the term of Mr.. John >. har-
wood, and TO elect Police Commission
or from jefferson Ward, vice l.. Z. Figg,
term expired.
VACANCY on THE BOARD.
Mr.. Gum at this point called atten-
ton to the fact that there was vacan.
CIV on the Board. caused by reason OF
the election Of Mr.. Joseph c. DIckerson to
the presidency of the Board Of Alder
men. He moved to 90 into an election
of Mr.. Dickerson's successor.
Chairman Campbell said as some
doubt had arisen as to this vacancy be
would submit the opinion Of City At
torney c. V. Meredith. which was read.
as follows:
MR.. MEREDITH S OPINION.
RICHMOND, VA. May 10, 1889.
Hon. r. p. Campbell, Chairman Board
of Public Interests
In accordance WITH your request
submit 10 YOU my opinion. as 10 the
n. Il. Of IACnFn {
Dickerson 10 the presidency OF the
Board of Aldermen upon his tenure To
the Office of member of the Board OF
Public Interests
The act of assembly of February n,
1888. specifying The manner IN when
said Board Of Public Interests shall be
organized, prescribes that THE presi.
dent Of the Board OF Aldermen shall
appoint two members, and the pfesi-
dent of the Common Council three
members. from their respective bodies.
IL also empowers and requires the
president of the Common Council 10 be
the chairman Of said Board Of Pub
lie Interests.
1t is clear from the above provisions
that the Legislature did not intend that
the president of the Board Of Aldermen
should be member Of The Board OF
Public Interests for it was never In
tended that he should appoint himself.
IL follows that the president Of the
Board ofAldermen isineligible TO be APP
pointed a member of the Board OF Pub
lie Interests. Hence the law Of theStaie
regards the two Offices as incompatible.
The inquiry then resolves itself into
the question whether the happening.
during the tenure Of Office by person.
of circumstances which would render
the same person ineligible to be ap-
pointed to that office. would render
him ineligible TO hold 1t.
In 2d Dill Nun. Corptns, 225, it is
said: The rule has been generally
stated in broad and unqualified terms
that the acceptance OF the incOmpati-
bic office, by whomsoeyer the appoint
ment or election might be made. abso-
lutely determined the original Office.
leaving no shadow of title in the pos
SCISSOR. whose successor may be at once
elected OF appointed,
The same author stated in section
22G, that If one, holding an Office IN q
corporation, be by that corporation
elected TO an incompatible Office, This.
of course, is a consent ON the part of
the corporation that the first office be
vacated: and if the second Office be
accepted. the first is at once and ipSO
fdctO determined.
The principles above quoted were
recognized and applied by the highest
court in this State in Tate S case, 3
Leigh. S03 aud sos.
In the light of the above authorities,
/ am of opinion that the election Of Nj.
Dickerson t. the presidency of the
Board of Aldermen, and his acceptance
of the same, created vacancy in the
office held by that gentleman as mem
Der of the Board of Public Interests.
The fourth section of the above men
toned act prescribes that such a
vacancy shall be filled by the Board of
Public Interests from the members of
the Board of Aldermen.
| informed Mr. Dickerson of the
above views, and | was requested by
him to inform you of them.
&. V. MEREDITH.
City Attorney.