Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1889-01-14

)nlly lntolllgencor.
4NoAs9aA sAnuAaY IA ~
1ns Clss's ssass.
- e Cur readers desire TO be In
W ~ ~ condition In which the
reUoulgaael decisioa Of the supreme
= onEo0ating The municipal law Of
- ~ unoopstitutionallty. has lefe
V0rament Of cur municipality. The
onoa = % dimersnt ffom that which
- ie g b after this same decision |
6nnoanso1 by The supreme court in
>w ~ 1t destroys nov and |
~ ~ The cot Of 1887 and makes |
q shat he's besn done under It.
: NV bslng unconstitutional, 1t fol.
- that it h - though Il never
~ exiseence. No one elected to
Go under .its requirements, acquired
D . ~ once; and now, advised by
ooourt Of hls non.election, he vacates
o0loo q ceases unneces sarily to act.
o NV Of 1857 being wiped of the
1neo books every official II created is
y tNoush he had never bcen created.
~ mayor and the select council are
1Aahly LEFT out Of tho wreck, but 1t Is
- altogether certain that they are left.
kw vsre elected In the districts and on
= day prsscribed BY the old law, and
>ng Will probably be held to have been
- elected, under the old law, to the
- cf ONCE prescribed by It; although
- vorO In fact elected under the new
~ 20 TIE different terms Of Office pre-
E1bed By it. Il may possibly be held,
-, having been undoubtedly elected
n1er the new law, on . general ticket
&olsh the new officials prescribed by 1t,
R1no0 10 down with the rest, and do not
{ |6nvU % much OF their term ~ the old law
BSDsO them. Our impression, however, Is
- The mayor was duly elected last Feb.
10y for . term lasting two years from
Sl - eucceeding April, and that the select
Eooancilmen were also duly elected for the
1Drus prescribed BY the old law.
81 The common council undoubtedly is
( ~ In sxistence. the districts and repre-
sooutntion under the new law being
4 Aaasrsnt from the old, under
4 Uhieh therefore the members can
- claim that they were elected.
khAn ths officers elected BY councils in
s!sot convention were unlawfully elected,
;S,r 4hsing no common council to 20 into
~ ~ ON. Allthe officers created by the
EDS .-of course fall with tho law.
We note that tho water committee oi
1uuncils hays organized and taken super.
(lston of the water works, in place OF the
Vote board. We do not zee that their
Ii o1klA 10 do 20 u any better than that Of
& - hoard, since the committee Of select
oouncil 10 the only lawful part OF the
& joiut committee. As defacio officers, any
e thsso officials whose titles to theiI
nlloo have been taken away, may dc
uhat b absolutely necessary to be don't
Il " THAR Offices, 20 long a. no one chal-
1onRes their title and comes with bettel
& - TO take possession Of the Office.
+ This comes from the necessity OF the
q -. What II absolutely necessary to bt
lono may be done by whosoever is In
0hasee Of the public work lawfully or un'
q lnMfully; but the person doing ittakes thu
~ Of theapproval Of his acts ~ necessary
Hat ~ do not see that their bondsmeI
nre responsible for what they may wrong
1olly do under such circumstances. Tht
nondsmen bound themselves for the acti
ss - lawful and not Of unlawful officers. It II
- city's business to put men In iti
o(lces lawfully, and 1t il its risk II Il
Aoes not do 90. The bondsmen Of the
Z city treasurer will be responsible, as III
! 1otains his cflice lawfully; having beer
~ duly elected treasurer under the ole
NV and holding over now from the enc
+ e his term In April last until hi
Il duly appointed successor demands 1t
His election by the people Is not th'
1itla by which he retains the office, ant
~ authority TO act 10 beyond any ques
n 1ion; which cannot be said Of any othel
\ onieial, We believe.
II Il should be held that 1t the election
4 held last February no mayor was chosen
because Of the nconstitutionality Of th'
1w under which the proclamation was ID
{ nusd for the election Of oil the officers, new
md old, prescribed by the new law
Il then Mr.. Morton u the mayor Of the city
under the provision Of the law which
3 1ads hb term, like that Of the treasurer
4 ogtend "until his successor shall b
a1eetsd and duly qualified" i
S - had refused to hand over thu
ss0acs to Mr.. Edgerley, as not properl!
4 s3eoted, It is very probable that hi
4 ASTON would have been sustained unde
1 ~ present condemnation Of the law uu
6er which Edgerley was believed to hav'
been elected for four years. And there Il
. vsey fair doubt - to whether Morton
would not now be given the Office,
- should claim 1t. It may be ex
pedisnt that the title OF Mayor Edgerle!
Ghould be taken into the courts, sine
ths claim that he holds his pace 70
. two year term may be unsound. 1t i
Aevs9 safeto say what court may say.
The frohibitien Amendment.
The Philadelphia Press has made
partial poll Of the Legislature whic
shows . very strong probability Of tn
Il - - ooo~xo ~ N rosoIpt;ou ,~onos;,,