Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1889-10-24
SERVING TWO MASTERS,
Will it be Mayor or Senator
B. w. Fuller-Can it be
Both ?
Work Again Stopped Oh the
4ArtcSian Well at the
Asylum.
The Long Roll of Honor IN
the jamestown City
Schools. a.aa
will a Vacancy Occur?

will a Vacancy Occur?
The election of Mayor Fuller to the
state senate has raised the question OF
his right to hold both offices at the same
time. On the point OF the eligibility OF
members of the legislature the consti-
tuition article II, Section 37) says:
No judge or clerk of any court, secre-
tary of state, attorney general, register
| of deeds, sheriff, or person holding any
office of profit under this state, except in
the militia or the office OF attorney-a Law,
! notary public or justice of the peace, and
no person holding any Office Of profit or
honor under any foreign government or
| under the government Of the United
| States. except postmasters whose annual
compensation does not exceed the sum OF
$500, shall hold any Office in either
branch of the Legislative assembly, or
become member thereof" .5.s
The Office of mayor is not one OF those
excepted, and City Attorney Baldwin
construes the phrase mo person holding
any office of profit under this state" to
include such officials. IF his construc-
ton is correct, when MIR. Fuller qualiies
as state senator, he will have ceased to
! be mayor. OF course where construc-
tion is disputed, there is always ques.
tion as to the correct interpretation
which is seldom definitely settled until
passed upon by the courts. The correct
ness OF Mr.. Baldwin's construction is
disputed by some who hold that MI.
Fuller can fill both offices at the same
time. If Mr.. Baldwin is correct, Mr.
Fuller's resignation as mayor would OF
course follow, and vacancy he created
in the Office of mayor. 10 cover such a
contingency, the city charter (Article 2
page 1O) has the following provisions:
Whenever any vacancy shall happen in
the office of mayor it shall be filled by
election, and until such election shall be
had, it shall be competent for the board
of aldermen to elect one of their number
president, who shall be mayor pro tenn
and if any mayor shall, during the time
for which he shall have been elected, re-
move from the city, or be absent there
from more than three months at any one
time, his office shall become thereby
vacated; in case of sickness OF
tho mayor, or of his absence
from the city for less period than
three months, said city council may elect
one of the aldermen mayor pro tenn, who
shall possess all the authority and per-
form all the duties of the office Of mayor
during the sickness or temporary absence
of the mayor.
In case of vacancy, it will be noticed
that it is provided that a special election
shall be held; but there is also a provis-
ion to the effect that until such election
shall be had the board Of aldermen shall
elect one OF their members president who
shall be mayor pro tenn, which, 1T IS also
provided, they shall do in case of his
absence. Now that prohibition has cut
off large portion of the citys revenue.
it becomes duty to curtail expenses.
Nobody wants to see the city saddled
with the unnecessary expense OF spec
ial election. Mr.. Fuller will be in Bis
marck during the major portion of his
remaining term as mayor. Irrespective
of the law in the case, it would therefore
seem to be the most sensible and least
expensive course, as has been suggested,
for the aldermen to do what the charter
provides alike in cases of vacancy or
absence, viz: "elect president who shall
be mayor pro tenn In that event, dur
ing Senator Fuller's absence, the mayor
pro tenn. would preside and sign warrants
without any legal complications or ques-
tion as to the legality of the proceeding
which might otherwise result.