Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1890-11-15
JACKSON WARD ALDERMEN
A Far reaching Opinion by the ity
Attorney Their Right TO Seats
Questioned.

terms of the members elected from
jackson Ward. He gave it as his
opinion that the Board had no pow
er to decide the matter. 1t would
have to be done by the people. In
the failure TO have them so do he
regarded the election as null and
and void, that is of no effect. This
would result in the vacating of the
seat S of the three member Fl ON Jack
son Ward-Messrs. Bahen, Jeter and
Mitchell and two white members
/ from Monroe Ward-Messrs. Gray
WilkersOn.
The following is the opinion as
presented to the Board:
To THE BOARD OF ALDERMEN:
Gentlemen:
In reply to your reso-
luton asking for an opinion as to
the legal manner of determining the
question OF the election of long term
and short term, Il submit the fol
towing:
infer from your resolution that
you wish an opinion as to the man.
ner in which your Board may deter
mine which of two members is enti-
tied to-a full term, and which to the
remainder of an unexpired term,
when both were elected at one cleo
ton, held to fill two vacancies, one
created by death, resignation or
removal from "a ward, and the other
created by the expiration of a legal
|, term.
You are aware that you can exercise
no power except those granted you by
; the charter of the City. The only
provisions found in that instrument
for filling vacancies in your body
: are found in the 14th and 18th sec
; tions. They are in these words:
l"Upon the assembling of the mem
beIs of the Board of Aldermen, so
/ elected, they shall he divided into
two equal classes, TO be numbered by
lot.
fl The term of service of the men,
r bers of the first class shah expire
= with that of the members of the
common council elected at the
second election after the passage of
{ this act, and this alienation shall
Z continue, so that one half of the
e members of the Board OF Alder
{ men may be chosen every Two years
10 Whe~ aRv Vacancy el
focSpr in eIt.Ier branch by death,
resignation, removal from the ward,
D failure to quality or from any other
: cause, the branch in which such
e vacancy occurs shall elect a qualified
n person to supply the vacancy until
the next election for members of the
Icouncil which may be held in the
= city, when the vacancy shall be filed
y by election,
s You will perceive that those words
IS confer no authority upon you to
J. determine in case like the above
is supposed, which of the two mem
$ bers elected at the same time il
.e entitled TO hold for the full term
lr and which the rest of the unexpireC
d term. So far from you being giveI
IN such power, l am of opinion that
a. the charter implied prevents yoU
is from exercising such power.
d You will notice that by the 15tl
a. section you are only given powe
to determine who shall fill a vaoanc,
d, caused by death, resignation o
efl removal from ward "until mex
O. election for the members of tn
ne council.
Nor does the expression Of tn
o. limitation of your power stop there
ld | For that section continues by say
IS. ing that when the election take
yh place, the vacancy shall be file
ore hV election" Or in other word
to the voters shall decide who shall fl
,e- the vacancy for the rest of the III
expired term.
Hence by the charter, the duty {
determining who shall fill eac
rs vacancy is put upon the peopl,
C.. regardless of the question whetht
on the vacancy occurred by the expirs
to ton of a term, or whether it occu
SIN red by resignation, death or r
bic mOVal from a ward.
til That duty being placed upon I'll
people they must perform it in son
,se manner sufficiently indicative rs {
determine which person they desi
riff to fill an unexpired term ana whi(
,ed tOfill full term.
lis When an election is held to fill tV
AN or more vacancies, in your Boo
air from one ward, and one or more
the vacancies are in unexpir,
Re- terms, and one or more are from u
uc- expired terms, l know of but o
in way by which the people can prop,
ly decide which member or mel
MIA bers shall fill the unexpired teri
ate and which shall fill the vacanci
de- created by the expiration Of tern
lrm 1t can only be done by their vot
or ballots.
When the people fail to thus in
cate their will, they fail to deci
to who shall fill the respective vacs
rict cies, and no one person has be
Dis elected to fill any particular vacs
it cy. Hence no one of the persC
.ost voted for was elected to I'll any p
was ticular office,
low One can only be elected to an
be flee by the constituents voting I'll
,ink no shall hold that narticular off