Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-01-30
ATTORNEY LOGKEIT is RIGHT,
SAYS Ex-cIrY ATTORNEY POWELL,
UPoN ALDERMANio ELECTIONS.
SIR. Powell Raised the Question sew
erni Years Ago ana Published an
opiniop-nc Was the only Lawyer
Prepared to give His Views.

lne expected DISCUSSION Dy lne great
army OF legal lumlnaries who learned
the basic principles OF common law
from the shades OF Blackstone and the
spirit Of liberty eternally slumbering
in their breasts from their forefathers
at Runny "a fairly on. All this
refers to Office Assistant Attorney Cen
eral Locketts opinion addressed to tho
mayor OF Brennan relating to the un-
eonstitutionality of the election Of al
dermen by wards II there are any
lawyers who should be yersed in con-
stitutional law relating to cities 1t
should be those who have served and
are serving terms as city attorney. a
Gazette reporter sought interviews
with the present official and the ex-
city attorneys OF Fort Worth now liv-
ing. yesterday, and with some good re-
suits. or the nve gentlemen referred
10 above, only three said anything.
Hon. James W. Swayne could not be
found, though his ONCE and the beat
he patrols fairly swarmed with news
paper reporters for several hours Mr..
swnync must have seen their rencc-
ton In the snow and gone rabbit hunB
ing.
Mr.. Robert McCart had not even
seen the opinion, consequently could
make no expression on the subject,
Mr.. William Capps was seen flrst.
He had not read Mr. Locketts opinion,
but said he hoped u was true, by all
means;-that Is. Mr.. LoclSetts opinion
| Just TO crafty his curiosity, he read
| the article In question and said: ut
| demands thorough investigation, and
| ! would not like 10 make an expression
OF my views without studying the
| whole law bearing upon IT, Mr.. Lock-
| oft has some ground, at least. for his
/ construction, Even constituting II as he
! does it doesn't follow that aldermen
/ elected by wards are elected Illegally
| or that their election IL void This ls a
| difficult question, but I viii be ready
! TO give you better opinion In few
l days"
city Attorney Tcmpleton had not had
| time yesterday 10 make any further re-
/ search, but thought at first glance u
would not apply TO cities Incorporated
| under special charter. This. he said
| was by no means. however, the result
! OF any study.
/ Hon IT. j. Powell Is. perhaps, the
! only lawyer In Fort Worth at all pre-
| pared on the subject. During his term
as city attorney this same question
I arose. II was at the time tho Eighth
/ nId Ninth wards were added to the
/ city. and he was asked TO prepare an
| opinion. Having 10 study the issue,
/ VI course he fnmlllariZed himself with
| II and was loaded for the reporter
when he called yesterday. He publish
/ ell his opinion thHn, but was unable to
ma IL yesterday. The words below
were given on the spur Of tho moment
| Mr.. Powell was, so far rs The Gazette
I knows, the first public official In Texas
To raise this question. Mr.. Powell said:
"Mr Lockett rs right; there IL little
room for question. and an electnr can
| vote for aldermen from all over the
{ city or town In which h. resides. 1t
will do uway with manifest lnequall-
Z ~ In representation. Under the char
| ter two aldermen would have TO live
In ench ward, The constitution saws
that the elector who has resided six
months preceding an election within
the limits " an Incorporated town
shall have The right TO vote for all
elective oniciHls within said city or
town. II seems TO me that the reason
OF this IA apparent from an inspection
Of The constitution, coupled with the
| fact that the board OF aldermen OF a
city Ia the legislative body OF such
city, with sovereign power within
/ charter and constitutional limits, and
each aldcrmHn'hns voice upon every
legislative question affecting tho rlghts
OF each individual elector M the city.
1.-THE state delegates to tho city coun-
ell the right TO leglslate on municipal
/ questions and creates a board OF alder
mon TO exercise certain powers OF nu-
nicipnl government which affects every
elector In the city, and the constitution
I givra TO the electors the right to vote
for all elective officers In the munich
pulity In which he lives N this was
done there would bc an absolute eaualI-
" or representation IN all the leglsla-
tive bodies OF the various munlcipal
governments In the state of Texas"
Both Measrs. Cnpps and Templeton
Will give their opinions In fcw DAYS.
The breeze has started the tongue of
every lawyer In Texas. and n great
deal win be said "a both sides OF the
question