The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-02-16
MAYOR HALLS ELIGIBILITY.
A Legal Opinion Furnished Him on
This Subject.

This Subject.
In view of the general doubt which exists rs
TO the eligibility of Mayor Hall for election to
the mayorality for the ensuing term, Mr.. Hall
aud his friends have secured legal opinions on
the subject from Judge Roger s. Greene,
Thomas K. Shepard and W. r. Thompson.
These gentlemen agree in the opinion that Mr.
Hall is eligible to the position. At the request
of Mr. Halls friends, and in order to bring out
general discussion OF the subject the opinion
OF Mr. W. T. Thompson is published. 1t is as
follows:
SEATTLE, Wash, Feb IS, 1892.
ar. George w. Hall, Seattle, Wash.-Dcar Sir:
Iou ask my legal opinion whether you are
eligible at the next general election OF the city
OF seattle to the Office OF mayor in view OF the
fact that within three months next preceding
such general election the city council has
elected you mayor for the unexpired term OF TIE
late mayor, Harry White"
OF course the answer to that question depends
entirely upon the proper construction to be
given to section of article V. and section II OF
article XVIII. of the city charter of the city OF
Seattle. Section reads as follows:
"The general executive officer of the city
shall be mayor, who shall hold his oificc for
the term of two years. and until his successor
shall have been elected and qualified. He shall
be at least 30 years of age cttz N of the United
states and OF the state OF Washington, and a
qualified voter OF the city of Seattle at the time
OF his election, and an inhabitant and taxpayer
of the city for at least two years before the day
OF his election He shall not be eligible to the
Office OF mayor or any other Office in said city
until after the lapse of two years from the time
oil the expiration of his term of Office as
mayor"
Section Il OF article XVIII reads as follows:
should a vacancy occur in any elective Off ce
three months or more prior to any general mu-
nicipal election, special election shall be held
10 MI the vacancy until the next regular cleo
ton and until asuccessor Is elected and quail
lied. But If such vacancy should happen with
Ia three months of such general election, then
such Office shall be filed for the remainder OF
the term by nomination OF the mayor and ap-
polntnent with the consent OF the board of
aldermen; provided, that when vacancy in the
Office Of mayor occurs within three months from
such general election tho city council Jointly
assembled, and by majority vote Of all of the
members thereof shall elect mayor for the
unex pired term
The exact legal question propounded TO me,
and upon which my legal opinion is asked, is as
to whether you are eligible 10 be elected mayor
OF the city, Notwithstanding the fact that you
were within three months next preceding the
general election" elected mavor by the city
council for an unexpired term. ~
Inc proposition comedies the question, much
mooted, as to whether you are at present de lure
mayor OF the city of Seattle. which question is
more than doubtful, but need not be discussed
mere, Tor II you are not dc iGre mayor and only
mayor dc fdcto, there would BE- no question as
TO your eligibility; but conceding, as the propo-
silon does, that you are dc jare mayor,
because of your election by the city
lsto Mayor Harry White, | am still firmly
Oh the opinion that you are nevertheless eligible
70 the ohce OF mayor OF the city OF Seattle il
CHOSEN at the forthcoming election.
Disqualification for public office is alvays the
exception, never the rule Such DISQUALIFIED.
Ton is never to be declared except BY EXPRESS
, tis ne privilege OF every citizen to exercise
the right OF suffrage and TO hold any office OF
trust or profit. has always. in our form of gov.
eminent been held to be a right to be carefully
guarded anu never to be abridged except for
n ND tr
OF any express enactment existing against your
right TO hold the Office OF mayor the section
section u Is so worded as to clearly except the
conditions OF your present tenure OF Office from
the eject OF the section. The section proceeds
upon the theory that the mayor is TO be elected
by the people; that he is to be elected for a
tIm, ana that term is to be two years and
uutii MS successor shall have been elected and
Iuaihed. lt shall not be for less than two years
alu when he shall vaeate the office and a sub
sutute ne CHOSEN, but the term shall be two years
aha uuul bis successor shall have been elected
ahd qualified The section proceeds to define
the necessary qualifications OF such person rs
shdlt De entitled 20 he elected mayor and hold
mat Office for term of two years, describing
MN rs person at least 80 wears OF age, citizen
OF the niied States and OF the state OF Wash
inStoa, qualified voter Of the city of seattle AT
the tlme OF his election, and an inhabitant aud
taxpayer OF the city for at least two years before
we Jay OF his election, ana then proceeds with
the language: he shall not be eligible TO the
once OF mayor, or any other office in said city
- The expiration OF his term OF office insyor
MO Is II that Is thus expressly disqualified
There can be no doubt or question that II is the
person above described the citizen with tho
qualifications TO hold the term OF Office aud whC
has been elected 10 hold that term OF Office. aud
I 1870, IL he immediately after qualification re
signed, shall still be ineligible to hold that Of
ice Tor four years because Of the fact
that he has entered upon his tive
years term OF office. and il thus disqualified
from holding any such office Tor two wears after
tho 10 w htPh ~ has Dtaats rlltzGt sha
have expired.
The disqualification is ievcIei at his head aud
al no other. No attempt seems to have been
made by the trainers of this organic law to dis
qualify any other psrson thaa the person above
described, who az the time OF his election was
qualified voter of the city aud al inAaol,ant and
the day of his election.
II has been attempted by some 70 base an arcu
nent against yout eligibility upnu section L. u
article NNllL. above quoted. but Il IS very m,
parent that no attempt WAS made BY be Trainer,
OF that section TO declare any indigibihty
against the person Chvsen 90 iulU.l the uneN
pred term OF the mayor. There Is uclther ex
press Language nor anything elsc Which by Any
process of construction could be distorted int
the conveyance OF such an idea. II We should
consent to aosndon the well-setiled princ.pl,
that disqualification should not De a quest lion
OF construction but OF express terms vet Il
would DC impossible 20 mad within the lam
rusge Of section T., by any Istitud,
Of construction. any attempt by the char
ter trainers TO d!squaliiy the appointed
theretn referred IA. II We should begin pro
cess OF reasoning to cctcrmiuc the intention OF
the charter trainers, VIC would AZ oHCo ccuclud,
that i could nos have been 3nteptei ua tac.l
payt that II the mayor. who Aaa served tn,
whole oi his term with the exception Of two ol
three DAYS, should then die. leaving MS ufir,
vacant. and an appointec should iiJl his uucN
rirSi term OF 0niy two or thrce days "a av.cI
that important business Of the city should ru
suffer. that sad aprointoe wou,d thereby uls
qualify himself from holding say Office o! trus
a prodt within the gitt OF thc citizens o. IL
city Tor a period 81 tSe wears To reach such
conclusion by an oVerstraincd construction o.
the organic law et the city could culv be don,
by > legal cytgGas' cArius more for effects THAI
sound CONCLUSIONS. Respectfully yoays.
WILL H. THoMFsoN.