The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-04-23
MILLER Is MAYOR.
That Is the Corporation Coun-
sells Opinion on the Subject.
SWEENEY DESIGNS ms OFFICE.
Con1lettng Stories - - The Cause Of
Beneval-Ne Further Csntentaon
Il New Probable.

Con1lettng Stories - - The Cause ef
Heneval-Ne Further Csntentasn
Il New Probable.
Leander Miller II mayor Of Seattle. II
the corporation counsel's official opinion
10 the ultimate decision. Yesterday about
noon DR.. Sweeney addressed the following
letter to the board Of aldermen:
Gssessnes: hereby tender you my rssignstion
- president Of your board
About the same hour City Clerk Stone
man, in order that he might know what
action to take should the question be
officially asked OF him: Who il mayorf
requested the advice Of Corporation Coun-
eel Donworth who. ct late hour last
night, transmitted to him the following
opinion:
You havs requested me 70 give IN opinion -
10 what psrson - nov entitled to aot - mayor
Of the city Of Seattle.
Hon J. r sveensy. By virtue Of holding the
once Of president Of the board Of aldermen, has
bssn acting - mayor sincs the departure OF
Mayor Ronald on March Section II, article
v. Of the charter. u - iollows:
Sec IL In case OF the abssncs OF the mayor
from the city. or II he from any cause be inca.
OF aldermen, or II he b absent or incapacitated,
the president of the house OF delegates, shall
act - mayor and foe the time being enjoy al
his p0Wera
The charter does not create the once Of acting
mayor, but provides that in the absence or inca
pacity Of the mayor the president OF the one
house or the other shall act ~ mayor, and for
the time being enjoy his powera The mayor
being stiil absent, the question who has right
TO oct ~ mayor can b decided only by determin-
SAa no g. nj tho ri nj Al
II there b such president, and II not, then BY
determining who Il prssidsnt Of the house OF
delegatsa
have examined the minutes prepared by you
Of the meeting Of the board Of aldermen held
on the 2lst inst and dnd that the following mo-
ton Was introduced, seconded and carried on
an aye and nay vote Of in favor and against.
to-wit:
M Psessdaa: move you, sir, that the pres.
emit president OF the board OF aldermen of the
city OF Seattle. J. r. sweeney. be removed, and
that there II hereby declared . vacancy in said
onica
The charter provides that the president of
either house may be removed by the Affirmative
vote OF not less than two-t thirds OF oil the mem-
befa The abovs motion having been carried by
Q vote OF seven out OF the nine members. in my
opinion Hon. J. p. Sweeney was thereby re-
moved from the ofics OF president of the
board.
1t IL objected that no formal suspension Of the
rules was made at the time OF the Offering of
this motion. ! think It 10 too late to raise that
objection now. Objections being called for, and
none being made before the motion was read,
the unanimous consent of the body to the sus-
pension Of the rules 10 plainly shown by the
minuteA
II 10 further objected that rule 20 OF the board
OF aldermen provides that no act or resolve shall
be passed affecting the rights Of individuals
without seven days previous notice TO such In
dividual The motion removing the president
OF the board was not act or resolve, nor did il
effect the rights Of individuals, within the
meaning OF the rule. The rule il evidently
meant to protect property rights involved In the
passage Of ordinances and other proceedings of
that character. The right OF removal given by
the charter does not provide for any term OF
notice and ] doubt II . rule would be valid
which would suspend the power OF the board to
make such removal. Moreover, the weight OF
authority 10 in favor OF the proposition that SO
long - the charter and laws are complied WITH
proceedings Of . city council are not invalid by
reason Of the fact that it, own rules have not
besn strictly followed.
Dillon on Municipal Corporations, section css
McGraw ". W hitson. % North western Reporter,
6s2
Commonwealth "a Lancaster, s Watts, Penn.
49,
Later on In the minutes IL another motion a.
follows: s'whsreupon motion was made that
Leandss Miller Be elected president OF the board
OF aldermen Of the city OF Seattle TO fill the
vacancy caused by the removal OF J. p swes-
ney." The motion was thereupon passed BY q
vote Of I've In favor and two against, Mr.. Mil.
Ter not voting. and the president pro tenn there.
upon declared Leander Miller elected presidsut
OF the board OF aldermen.
Alter . recess appears che following entry:
upon rsasssmbiing the president pro TEN. an.
nounced that upon consideration he had re-
- Afx.sar%
aprssidsnt of the board OF aldermen for the
reason that the above action violated rules of
the board, specifying In particular rule No 10
and declared that no election had been held"
An adjournment for one week then followed.
In my opinion the motion and vote above
cited were sufficient TO elect Mr.. Miller to the
Office OF president OF the board, and on the dee
laraiion OF the presiding ofncer his title to the
Office was complete.
such being tho case, he could only be removed
by . twothirds vote, aud any opinion or rnl
ing subsequently expressed by the president
pro TEN. could not deprive him Of the office
The authorities are TO the effect that when
person has been once duly appointed TO once
he cannot lose his title by proceedings which do
not amount to q removal.
Meacham on Public ofncers, sections lis
aud liza
state vs. Barbour. SO Conn, 7s
In my opinion. therefore. Leander Miller ia
NJ" ~11A~~ W SSs ~ VI oi tue CITY OF
Seattle.
Undoubtedly the board OF aldermen Al II.
next meeting viii take such steps as will ru, an
end to whatever doubts have been suggested a.
To the title OF Mr.. Miller. rs IL 10 OF the utmost
Importance at this luncture not only that tho
functions of the once of mayor should be ner
formed by person who has the night to perform
them, but also that the right OF such nersoD
should be scQuiesced ia and acknowledged
BY all
Clerk Stoneman upon recent of the
opinion at once gave notice of its imnort
20 DIR. Sweeney. President K.oeber. of the
house OF delegates. and 10 the new actinc
mayor. Leander Miller.
DIR. Sweeney was asked by a Posr-Ixrr,-
I,eEScER reporter, after he had read the
opinion. If De had anything 10 say. He re-
piled:
have resigned the ofhcs OF president of IN.
board Of aldermen. have returned thu oes,.
which was given me by that body
Or. Sweeney was asked what he moan.
in his telephone interview with the posr.
iSrKIIIsrScEn on Friday night sbou,
franchises.
II asked that my remarks lie with.
drawn" he replied. because | smoke
hastily. l understood there WAS 4 com
hination 10 set the street car franchises
passed. and / thought that might have
something to do with il. know nothing
whatever Of money being paid or anything
Of the kind never heard IL sugyes.ef,