Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-03-15
The WateryilIe Dead lock.


Editors kennebec Journal:
In Waterville's city charter unlike that
of other Maine cities) the mayor, and
board of aldermen, and board of common
council constitute the city council. By
the charter the city council in joint con
vention elects the city subordinate officers.
The joint convention is composed of the
mayor, seven aldermen and II council
men, % in all, / of whom are Republi-
can and eleven Democratic.
Twelve is quorum and neither party
has that number
If members vote for candidates of their
own party there would be no choice and
by the charter the old officers would hold
over till Others are elected and qualified
in their stead. In section Of charter the
mayor "presides in the board of aldermen
and in the joint meetings of the two
boards and ''has only a casting vote. "
In sec. 9 the mayor is made a member as
much as an alderman or councilman of
the joint convention of the city council
and his rights as member are not by any
language restricted or taken away. He is
member not even required there lin
joint convention of the city counciD to
preside, nor is he there limited TO n cast
ing vote exception case he does preside) by
parliamentary law in parliamentary
matters, and not in clccting officers. The
city ordinance as well as the city charter
requires the city council to elect the sub
ordinate city officers
Cushings Manual (unabridged) makes
plain the mayors right to vote in the
elections of officers as follows; Sec. 309
III. when the presiding officer is a
member of the body over which he pre-
Sides he is entitled only to give the cast
ing vote, which is his ordinary parliamen-
tary privilege but his authority, in this
respect may be further restrained or en-
larged by the legislative body, or by the
rules of proceeding made by the assembly
itself, in pursuance thereof. This rule is
confined strictly to ordinary parliamentary
matters, such as the adoption of orders
and resolutions, the appointment of com
mittees. the passing of bills and the like. -
$40, " "But in this country, by
constitutional and legal provisions, there
are many duties in force upon our legis-
lative assemblies, which are not parlia-
mentary in their character, and especially
are they frequently required to make
certain important elections. In all these
cases where proceeding, not of a parlia-
mentary nature, is imposed by constitu-
ton or law upon a legislative assembly,
the presiding officer, if a member, votes,
in the first instance, like any other mem
Der, and does not give casting vote. y
When the mayor presides over the board
of aldermen he is not member and can
not vote as such. The mayor and alder
men constitute the board of municipal
officers, and in that board the mayor is
a member and can vote like other mem
bers, except as above excepted. In JOINT
meetings of the two boards, he presides,
as when such meeting was called and
held to listen to his inaugural address,
and take what action thereon was desired
by said joint meeting over which he pre-
sided as over board of aldermen He Is
made constituent part of, member OF,
the city council, and his rights can only
be taken away by express statute language
and not by implication.
Some Democratic officers held over lor
years. If the city council fails now to
elect new ones the Republican officers Will
not complain if they are obliged to hold
over one year more, and will think, al
things considered, that the Democrats
ought not to complain very much at THIS
one hold-over.