The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-06-29
MIR. A. r. COURTNEY S VIEWS.

Mr.. Courtney said he had taken some
trouble to look into the law. Mr..
Meredith 3 decision was based upon his
opinion, not upon any decision OF
court. He would be glad if he could
think as the City Attorney, but 1t was
only a question of opinion. If the
board had not the right and proceeded
to nominate. It would be unfortunate.
II they had not the right, If new nomi-
nations were made wroDgfully. then
there would be no nominations
before the Council. He reviewed
the law, and declared that
the Legislature has not said a word
about candidates declining to serve.
Every other requirement mentioned
had been met in the selection Of the
candidates recommended. lie said in
the case Of the Fire Commissioner. the
Board had no right to act IN the prem
Uses. Tlking up Dir. Meredith 5 views
of fraud. : &c, he cited tins: After
a candidate had been nominated and
declined- to serve. then the matter of
election by Council would be postponed
and the matter by a repetition might
20 on ad infnitum. He thought that
the law was right.
Nj. Purcell asked if the nd infRituni
business might not apply to tie Coun-
eli.
Mr. Courtney thought not. He voted
for Mr.. Elicit with the belief that he
would serve. lie thought Mr.. Camp
bell had made a mistake. and with due
respect TO Mr.. Meredith be- had given
an opinion as TO what the law ought Ia
be. rather than what 1t really was. He
offered the following resolution:
Rcs0lred, That this Board, at its meet
ing held on the Eth instant, nominated
three eligible persons according 10 law
for the Office Of Fire Commissioner for
Madison ward. it is functus oDtcio in
respect to that matter. and has 40
power under the statute to take any ac-
ton whatever on that subject at this
time.
Colonel Purcell thought the City At
torney the legal adviser of the Board.
and if the Board went wrong then The
Council would fail Go sanction d.
Mr.. Courtney replied that the City
Attorney had not been asked by the
Board TO give his opinion as 10 the right
Of the chairman 90 call the meeting,
which he had a right to do.
Mr.. Campbell said the spirit of the law
was to have three names sent to the
Council. lie did not think II was right
for the Board TO stand in this light. Ii
would if 10 other nomination were
made.
M. Campbell called for a recorded
vote on Mr.. a. K. Courtney IS resolu-
lion.
The ballot stood: Noes-Noiting. ".
ID. Courtney, Campbell. Purcell. Har-
grove-5: ayes Gum. Elicit. Higgins.
Taylor, Wilknson-G, and the yes
oiution was adopted.
Mr.. HargiOve asked what names
would be sent TO the Council. Mr. Eli
lett being in the chair decided that the
the nominations previously made would
be certified to the Council, and on mo-
ton of Mr.. Purcell the proceedings
of the meeting were ordered also 70 be
certified to The Council, along with the
nominations. At one iuncture of the
meeting. after Major Courtney had fin.
lshed his argument, and just before
the ballot was taken. Major Courtney
arose and said ne had forgotten 10 read
au opinion given by young lawyer.
Mr.. Grinnan. who was well up IN law
matters. and whom he had requested
10 look into the matter. lie sand the
opinion was very clear and might
throw some light on the minds of the
board IN regard to the question under
consideration.
Mr.. Campbell objected. and Major
Courtney promptly declined to read the
opinion.
HEALTH AND POLICE.
The Committee on Health and Police
met in the Council Chamber at
o'clock =. NJ. quorum being present
ia both cases. Nothing of importance
was done in either committee, except
the payment of regular monthly bills.