The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-12-02
THE LEGAL ASPECT.
Judge Jacobs Opinion On the
Mayors Resignation.
NO NEED OF SPECIAL ELECTION.
Ne Declares That NO Action 10 Nece,-
ssry TIL the Once 10 OniciaIIy
Declared Vacant.

Judge Jacobs was yesterday consulted a. cor
porasion counsel BY Mayor Hall upon the aues-
lions which were incidentally raised before the
city council In reference 10 Mr.. Whites resigna-
lion. He prepared an opinion which he sent TO
Mr.. Hall. aud It will be presented to the council
ct in next mestng
Commenting upon 1t, Judge Jacobs said he
had limited the opinion to his Interpretation of
the charter, but IL was a novel point and he
would take m opportunity to look up the mat
~ and see II there were any presidents. 1t
might be necessary to modify HE opinion before
placing 1t suthoritstively before the council,
but be has little doubt that his present view
would be sustained by the courts. The opinion
q follows:
OFFICE OF CORPORATION COUNSEL,
SEATTLE, Dec /, 1891
TO the Hon. George W. Hall. Acting Mayor of
he City OF seattle-Dedr Sir: You in su bstanee
asked my opinion as 10 the effect, legally con.
eidsrsd, OF the resignation OF the Hon Harry
White, heretofore mayor OF the city of Seattle
and the action of the city council thereon
First permit me 10 remark that there are two
conditions described In the city charter per.
timing to the subject matter OF your inquiry.
The nrst relates TO the absence OF the mayor
the functions OF the ONCE on account OF sick.
ness or other disability OF temporary charac-
~. In this class OF cases the powers aud duties
Of . mayor are dsvoived by operation OF law
upon the president OF the board OF aldermen
This 10 clearly provided for by section III of
article OF the charter. which 10 AZ follows:
"lu case OF the absence OF the mayor from the
city, OF II from any cause he be incapacitated
from acting the president of the board of alder
men, or If he be absent or incapacitated, the
president OF the house OF delegates snail act az
mayor, and for the time being enjoy all of his
powers
II win be noticed that this section pertains to
the absence of the mayor, or his incapacity TO
Get Is such In such case it 10 clear that the
duties and powers OF mayor are devolyed BY
operation OF law upon the officer next in dignity,
election or other thing Is necessary The char.
Ter provision itself deyolyes the powers and
duties OF the mayors office on the president O!
the board OF aldermen.
Now, let US turn to section s, Of articla 10 of
tie charter. This section provides as follows:
IAN once becomes vacant on failure to
qualify within the time limited by the charter
SECONDLY, Upon the death or removal from
ONCE or resignation of the incumbent, etc"
This 10 vacancy as provided by the charter
A vacancy, 1t will be noticed, IS a thing en-
nrely different from an absencs of the mayor
nom the city, or from any fncapacity to perform
the duties OF ths ofce of mayor, a. prescribed
y section H. OF article s. OF the charter and the
two conditions must not be confounded il we
wish to reach accurate legal resulta
NOW II We turn 10 section ~, OF article Is, of
the charter we find the following provision,
SHOULD vacancy occur in any elective Office
shree months or more prior TO any general
municipal election, special election shall be
held TO fill the vacancy until the next regular
election, and until . successor Ii elected and
qualified.
"But ii such vacancy should happen within
then such Office shall be filled for the remain
Der OF the term by nomination of the mayor
and appointmsnt with the consent of the board
OF aldermen; provided, that when q vacancy
occurs in the Office OF mayor within three
months from such general election, the city
council Jointly assembled and by majority
0nfA NJ all fkn 49, -L-Ia
mayor for the unexpired term"
his section IL of article Is OF the charter, de-
scribes the actual case in hand.
cannot blame the city council In Joint con-
ventiou assembled for their action In accepting
the resignation OF the mayor OF the city, because
II came suddenly as a thunder clap from clear
subsequent events aud having full tims for con-
sideration and reflection, think the speedy
action OF the city council on said resignation
was Ill advised but not blameworthy.
As II appears to me from clear, deliberate and
considerats view OF the situation, 1t would have
been better for the city council, In view OF the
alteration Of the mayors resignation until the
next regulst joint convention of the city council,
and then, after mature consideration and ref1ec-
ton to have accepted, II they saw at to do so,
I. the resignation of the mayor, and 70 have form,
ally declared 9 vacancy in said Office, and then
TO have elected successor to perform the duties
the city council pursued this course all would
have been regular and no cloud would have
hung over the subsequent action of the city
council.
But as l understand 1t the resignation was
actually accepted, and this acceptance was two
or three days IN addition to three months pre-
csding the next general election. Under these
circumstances several difficult, novel and i'm
portant questions arise:
First-lt q special election is ordered, who 10
the legal acting mayor of the city OF Seattle
from this time on, In case special election 10
ordered, till the return and canvass OF such
election2 IL IL manifest to me that the powers
and duties of the city government are not sus-
pended in the interim. Ii 10 equally plain TO
me nom analogy and from the other provisions
OF the charter, that the president of the board of
aldermen, in the case an election Ia ordered,
the next officer in dignity in the city govern
law the acting mayor OF the city OF seattle. In
any event, so acting, he would be de fucto mayor,
II not mayor de jure.
Upon this proposition have no doubt
secondly-t would be disastrous In O fnen-
cial sense to provide for q special election 10
Tor no other purpose than to unse few days
with the color OF legality; hence,
Thirdly-While regret that the city council,
IN view OF all the circumstances, was so prompt
IN the acceptance OF the resignation of Mayor
White. and while with the in formation at baud
nave very serious doubts as to whether the city
council viii reconsider its action in that regard,
would advise that at the next regular meeting
OF the city council in joint convention assem-
pied, that they formally declare a vacancy in
the office OF mayor. and that they then and there
eect some suitable person TO perform the duties
OF mayor until the next general election In the
city o. Seattle
Said declaration OF vacancy will be within the
tnree months limitation and in my judgment
Will remove the difficulty now surrounding this
matter. Yours truly, O. JACOBS,
Corporation Counsel.