Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-05-30
49, Best
Blood
Purifier.
SUPREME COURT DECISION
On Famous TaterviIIe Municipal Election
Case Rendered and Here Given.

the following decision, yesterday, on the
famous Waterville election case
1.-The only question sought to be settled
by this proceedig of mandamus is whether
the mayor of tho city of WaterviIle is en-
titled by the provisions of the charter OF
| that city chapter 1875, Private and Special
Laws of 1887 to vote with the aldermen
and councilmen in joint convention in the
| election of subordinate city officers, In the
present case the election of a city clerk
besides having casting vote in such cleo
ton in case of tie. The case comes to
US upon exceptions to the ruling of the
Justice of this court, who tried the action
and who decided that the mayor had no
such right as was claimed and exercised
by him, the learned justice making at the
time the following oral observations in
support of his conclusion:
g 1t appears that / l members of the city
council in joint convention voted for the
petitioner for city clerk and 10 for the
respondent. Thereupon the mayor claimed
the right to vote and did vote for the re-
spondent who now claims that no person
received majority of all the votes and
hence that there was no election for city
clerk.
=" In determining the mayors right to
vote under these circumstances recours,
must first be had to the city charter Of
Waterville. 1t is provided in section of
this act of incorporation that tho mayor,
board of aldermen and common council
shall constitute the city council
''' Section 3 provides that tho mayor
"shall preside in the board of aldermen
and joint meeting of the two boards but
shall have ONLY a casting vote 1t is
further provided in the same section that
the city council may elect the mayor to
any city office and allow him reasonable
compensation for services rendered in such
office, while in section II the aldermen
and common council are declared to be
ineligible to any office of profit or omolu
mcnt, the salary of which is payable by the
city.
L. T. Section Provides that all officers of
appointed by nomination by the mayor,
confirmation by the aldermen.
All other subordinate officers shall bc
elected by joint convention of tho city
council.
I'm the view expressed in this state
ment we fully concur. The force of the
rogative Of the mayor rests in an intro
ductory clause in the city charter which
declares that: The mayor, board of alder
men and common council shall constitute
the city council it being further provided
in a subsequent section of the charter that
certain subordinate city officers shall be
elected by joint conyention of the city
council
But while the first clause in very gen
eral terms describes the mayor as part
of the city council, the meaning of that
declaration is found in other and subse
quent clauses and sections which define
with particularly just what part of the
city council he shall be considered to be.
Such subsequent provisions of the charter
declare exactly what the powers of the
mayor shall be, and in what manner the
same shall be exercised, nor does the
clause in section which embraces alder
men and common councilmen within the
composition of the city council as well as
it does the mayor attempt to define or
limit their powers or duties but those also
are left to be enumerated afterward.
THE charter confers various special
powers on the mayor among which is the
power of appointment in many instances.
He is so far part of the city government
that no legislative act can be passed by the
other branches without his approval I'M
less by a vote OF two-thirds Of the mem
bers in each of such other branches of the
government. 1t is in this sense and to
the extent of such powes as are specially
committed to him and no further that he
is part of the city council. No other
construction Of the charter as whole
will make consistent and sensible in
strument of 1t.
"In another respect may the mayor in
a general If not strict and technical
sense be denominated some part of the
| city council and that is because he pre-
sides over the meetings of the aldermen
and over the joint convention of the city
| council But the section granting him
| that privilege expressly provides that in
the business of such meetings he shall
have not casting vote but only cast
ing vote This is wise recognition OF
the parliamentary principle which allows
| a presiding officer the authority of holding
n balance of power between equally de-
| divided votes of deliberatiye body in or
der TO facilitate but not to block legisla-
ton: or as the justice presiding in this
case expressed it for breaking but not for
king a tie vote
at win be seen on our examination Of |