The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-12-16
BOARD OF ALDERMEN.
Vacancy Filled by Election of
ID. L. Denny.
AN EXPEDITIONS SESSION.
The Members Settle Down to Business
Again and Clear tho Docket
Judge Jacobs Opinion.

When the board of aldermen vas called to
order last night by President Miller. Aldermen
Bogardus, ingraham, kOrn, Pontus, Snyder and
Wilcox responded TO their names Dr. J.
Sweeney was the only absentee.
The first business was d communication from
Mayor Hall nominating Mr.. d. T. Denny to I'LL
the vacancy in the board OF aldermen.
Mr.. Ingraham moved to consent and Mr.. Pom
tus seconded Mr. Bogardus raised the point
that the vote should be by ballot, but Mr. Ingra-
ham answered that the proceeding was not an
election but resolution OF consent
The motion was put and carried without dis
sent
Bearing upon this subject there was laid on
the city clerks desk for information of the
members the following opinion by Judge
Jacobs. the corporation counsel:
You ask, "Can the vacancy in the board of
aldermen be filled by the nomination OF some
suitable person by me as mayor, and his ap-
pFoYal and confirmation by the board of alder
men, II being within three months OF the gen
erai electiOn?'
From the consideration I have been able to
give 10 the subject, the doubts / expressed to
you verbally when first Intercepted on the sub
lect, have been removed, and | answer your
question attirmatively. My opinion is founded
entirely on the language OF the charter. con
strued and interpreted by the aeknoW lodged
and accepted rules OF Interpretation and con-
structiOn
The following are the direct provisions of the
charter pertaining TO the subject: Section II of
article FIlI.-''Should vacancy occur in any
elective etfice three months more prior to any
general municipal election special election
shall be held to fill the vacancy until the next
regular election ANA until Il successor Is elected
and qualified; but il such vacancy should happen
within three months OF such general election,
then such office shall be filled Tor the remainder
OF the term by nomination OF the mayor and
appointment with the consent of the board OF
alderman.' And section / of article XIX: "The
elective officers OF the city of Seattle shall be
mayor, treasurer, city clerk, city attorney,
corporation counsel ana such other officers
and the members OF such boards shall be ere
ated by this charter, and whose election shall be
provided for herein"
1t viii be noticed that the elective officers are
mayor. treasurer, city clerk, city attorney, cor
poTatlon counsel such other officers and MEM
bers OF such boards as first, are created by the
charter and second, whose election is provided
Tor therein. The terms boards as used in
this section, means an administrative, not legs-
iative office or offices. II we examine the char
ter We lind that the members OF but one board
are elective, to-wlt: The board OF IRE commits
sloners. All other boards are con-
stItuted by appointment. Ii viii be seen that
the clause ''sueh other officers" unless
1t applies TO the members of the board of alder
men and the members OF the house OF delegates
il has no application at all, for these are the only
elective officers left, the only class of officials
elective not otherwise enumerated. Now il is q
fundamental rule OF construction that all the
language OF statute must be given effect if Dos
sibIe especially is this true where there is sub
iect matter on which the language of the statute
can operate as in this case. This being true the
members of the city council are not only called
"oficers" but they are classified as sselectiye''
officers. Ii the above construction of section
be the sound and correct one, and cannot doubt
IL, the provisions OF section Il supra applies aud
you have authority to make the nomination aud
the board of aldermen may approve or reject. If
tney approve your nominee ne becomes legal
member of that legislative body until
the next general election. Ii is true that
the board OF aldermen have the right to pass
upon the qualification and election of its own
hya rfsrpf IN As.h
If not higher, degree in acting on your nomi-
nee, as in the case of a member sent up by
actual election.
There are other objections to the construction
l have deemed the correct one, as stated
herein, but do not consider il necessary for
me 10 state and answer them in this communi-
cation.
Petition was received for transferring theater
Hcence from Palace to Peoples referred
Petition of c. p Stone and others for planking
OF Lake avenue: referred.
Petition for planking on electric csr line be-
tween tracks: referred.
Plat of Mckenzie & Dempsey's supplemental
addition with resolution of approval; received
and referred.
Ordinance ordering issue TO II. L Yesler OF a
warrant for $4,000 for condemnation of prop
erty on Pioneer place (the balance is to be held
by the city pending adjustment of grade taxes
claimed to be due by Iesler) was read and com
mitted.
49, u
nursery was rejected.
Petition of Mrs :. ]. Russell for damages re-
sulting from lowering of Third street was re-
iected on motion OF Mr.. Ingraham, on the
ground that the time within which such q
claim could be entertained had expired
Petition of George Ross for duplicate warrant
was passed
Petitions Tor change OF valuation for city
taxes were rejected for the reason that the op-
portunity for complaint had gone by.
Mr.. Ingraham asked for further time in which
10 report on the bids for city printing: granted
Il ordinance was passed for the replankinp
OF three blocks on Norman street.
An ordinance To establish "a sewer on King
and Taylor streets was passed.
Several petitions received from the house of
delegates were read and referred to committees
ON motion of Mr.. wilcox the petition OF prop
eEty-owaers on kenney street, between Yesler
avenue ami Washington street, for permission
10 grade at their own ex pense was granted.
Licenses for Moses Loren. Howard & Herd
man, Peterson Brand, John Egau, ". H. Muir.
ray, A. Fortlouis. W Heinrich, smith d Gill
Baker < Behrens and ". y. Morse were ap-
proved.
The ordinance for payment of firemen on the
onoquaImie was referred TO committee.
ordinance TO provide for collection of grade
taxes passed.
Ordinance for replanking the roadway from
the END OF the electric car line 10 the county
road was passed.
An application was received from Watson c
squire for permission t. grade several streets
across his tract, and Mr.. snyder explained how
Necessary II wss: the ordinance was passed.
The expense appropriation bill, which came
from the other house. passed.
The board adjourned until next Monday nfgbt
The judiciary COMMITTEES will meet on Friday AZ
tie city hall 70 take up the long spending North
ern Pacific franchise.