Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-02-09
REVIEWS THE LAW.
Does Not Agree with the Assistant
Attorney-Gcperni

Waco. Tex. Feb s.-Hon. l.. w.
Campbell was asked by the Gazette
correspondent this morning for his
views upon the now all describing topic
OF Assistant Attorney General Lock
etts opinion concerning the election OF
aldermen in cities.
Mr.. Campbell prefers the election OF
these officials by the vote of the city at
large, believing that 1t will result in
putting the best material in the coun-
ell. but he does not agree with Mr..
Lockett. He said:
am not prepared to assent to the
opinion OF Assistant Attorney General
IL. X. Lockett. His opinion seems TO
be based ON superficial and hasty
construction Of section 3, article 6, OF
the constitution of 1876. This section
reads as follows: All qualified electors
of tho state as herein described who
shall have resided for six months inn
mediately preceding an election within
the limits OF any city or corporate town
shall have the right to vote for mayor
and all other elective officers 1t win
be observed that the mayor who Is in
Al. cases the representative of the en-
IRE city. is oApressly named as the
particular officer In the mind of the
lawmaker for whom every elector in
the city may vote, Immediately fol-
lowing the word mayor we have and
all other elective officers These latter
are general terms and In these inter-
pretatIl1 ma are restricted to the class Of
officers to which the mayor belongs.
This would include all officers elected
like the mayor is elected. such as city
marshal. city attorney, assessor and
collector OF taxes and all other officers
the nature Of whose official functions
are OF the same general character as
these OF the mayor. II this were not
true. then the words for mayor in the
above section would be useless. The
express mention Of one thing implies
the exclusion of another is a maxim
Of Interpretation familiar to all attor-
neys. And 1t has the same application
to classes as to individuals. The eX-
press mention OF one class of officers
implies the exclusion of all other
classes. 1t cannot be reasonably con-
tended that an alderman whose func-
lions are legislative almost exclusively
and who represents a subdivision OF
the city laid Off into wards belongs
to the same class of officers as the
mayor. He Is not city officer in the
same general sense as is the mayor.
He IL no more a. city officer than a
Justice of the peace is county olhcer,
or a county officer Is district oficer.
He is truly a representative OF ward
Ia precinct. The county Is divided and
subdivided ill we reach the city ward,
the last and smallest division. a law
which provides for the election Of gov
ernor and all other elective officers
will be construed and restrained within
the bounds Of state officers elected like
and belonging to the same general
class as the governor, or else why mem
ton the governor? And SO with ioIei-
ence to district, county. precinct, city
and ward officers. Beside. The article
in question was intended to confer IN
a general way the right OF suffrage.
II does not attempt to take from the
legislature the power to confer on cities
by charter the right to divide their
| cities into convenient wards hn1 to
elect aldermen from those wards. as
has been the custom in tNs country
since the foundation of the govern
ment. But there is another rule OF
construction which will force the
courts TO adopt and apply to this case
the above quoted maxim. 1t Is that no
court is justified in declaring an act
OF the legislature invalid If by any
legitimate rules of construction 1t can
] be upheld.
Aside from this opinion, which need
not cause any alarm, ] strongly faNur
electing ON aldermen from the cry
al large. but tn be taken from taoh
ward. This would insure the eleelIon
| of better men,"