Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-11-29
MAY BE A CANDIDATE.
Mayor Kennedy, Of Allegheny City,
Thinking of Running Again.
WILL DETERMINE IN A WEEK.
Prominent Attorneys Say Ee Is Eligible
for Reelection.
DEMOCRATS HOPEFUL OF VICTORY

D. T Watson and J.. Scott Ferguson, two
of the best authorities on municipal law at
the county bar. yesterday submitted COM
prehensive opinion on Mayor Kennedy's
eligibility to reelection, affirming their
belief that there was no legal barrier. The
opinion was prepared for John W. Chal-
FAINT. B. F. Jones, o. P. Scaife and other
friends of the Allegheny Mayor, who are
desirous of his being candidate. He was
seen last night and asked whether he would
now formally announce himself.
81 am not ready to answer that ques-
tion, twas his reply, land will not be for a
week or so. Yes, 1 am satisfied Messrs.
Ferguson and Watson know what they are
talking about and that there is now little
question of my eligibility, but there are
other things to be considered. 1 have my
business interests to look after, they are
more important to me than any political
Office. If find it possible to hold the
Office for full term and not cause my bust
ness to suffer will become a candidate pro-
vided the people want me-"
Kennedy Eligible for REELECTION.
In their opinion Attorneys Watson and
Ferguson state that Allegheny, so far as
this question is concerned, is subject to its
charter of 1870, the twenty-fourth section of
which provides that the Mayor elected for
three wears is Ineligible for the three years
next ensuing after the term for which he
was elected. This section creates dis
ability, penal in nature and should there
fore receive q strict construction as against
whom the disability is to be enforced. Under
it ex-Mayor Wyman who was elected for
the Swear term now drawing to close
would be ineligible for reelection, but it
would be giving the statute very broad
construction to hold that it also makes Mr..
Kennedy, who is filling the unexpired
term ineligible. The opinion concludes:
Our own cases in Pennsylvania prove that
a candidate who did not receive a majority
ofvotes cannot contest for an Office with the
successful candidate who did receive q
majority of the votes, even though it be
shown that the successful candidate was in
eligible Common wealth versus Cluley, 56
Pennsylvania Statute, 2I0), n or can a private
citizen institute such contest. Common
wealth versus Mccarthy, 9S Pennsylvania
Statutes, 60S.) The courts have now settled
the rule that it is only the proper officer,
such as the Attorney General, who can insti-
court first had, and the strong leaning of the
court is against permitting such contest on
technical grounds, and when real public
good can be effected by them.
Our opinion on the whole case as sub.
mitted IS that if Mr.. Kennedy should be
elected for three years from April l. 1893 he
can legally fill the office and exercise the
duties for the full term for which he is
chosen.
The Mayor Considering the Matter.
Apart from the friends of other candi-
dates the impression is general in ALLIE
gheny that Mayor Kennedy can succeed
himself if he chooses Major, Rush Tyler
has delegates set up and will make lively |
fight for the nomination. Fred Eschelman |
is working hard and will be candidate re-
yardless of who is nominated, going on the |
ticket by nomination papers. John r |
Henricks and John Griffiths are also after
The nomination on the Republican ticket
Aside from Tyler and Eschelman there is
little being done, candidates lying low
generally as if waiting for something to turn
Up. No Democrat has been mentioned |
Is yet. There is disposition among Dem
,crats to wait until the Republicans have
named their man before taking any action.
They expect to land winner on account of
he division in the Republican ranks, and
lrgue that even if Mayor Kennedy is
elected they will be in a position to give
lin lively contest on his eligibility, with
he assistance of Attorney General HenseL
In addition to electing Mayor, Allie
.heny has 43 Councilmen to choose at the
pring election. The Reform Association
xpects to have candidates for both branches
n nearly every ward, but so far no names
ave been mentioned on either side except
hose of present Councilmen, nearly all of
Thom will be candidates for denomination.