, 1897-04-27

SooniAnau iof the Inlfd ward: John
having received 1O7 votes and
Fee having received 1O7 votes
respectively. for said ONCE OF council
man for said Third ward.
Now therefore be it resolved by the
council Of the City of Laramie, that pur-
suant to an act, entitled, IAN act to re-
duce expenses Of municipal government
In cities Of the second-class as herein
Defined" approved Feb. goth, A. D. 1897.
do declare John Bamforth, duly elected
to the office Of councilman Of. in and
from the Third ward of the City Of Lar
annie. for the full tern, thereof, begin
ming on the first Tuesday in May. 1897,
and continuing up to and until the first
Monday in January. 1899. and until his
successor is elected and qualified. the
said John Bamforth having received at
said election The same and equal num-
Der OF votes, with Lawrence Fee his
competitor. viz: each OF said candidates
having received 1O7 at said election, and
the city clerk Is hereby directed and au-
thoriZed to issue to the said John Bam-
forth a certificate Of his election. as pro-
vided by this resolution, under the seal
Of the City OF Laramie for said term. as
provided by law, to and for the office of
councilman OF the Third ward Of said
City Of Laramie.
Mr.. Lohlein move the adoption OF
| This resolution and tho morton woc 500
onded by Mr.. Miller.
Mr.. Settele objected to the resolution,
and upon being asked by the mayor,
stated that he objected upon the ground
that it was not in accordance with law.
The mayor said that he understood
Mr.. Settele to raise point of order.
He did not know whether it was his
province to pass upon any question con-
nected with the matter. He then read
sections 4 and 9 OF the new city law, as
follows:
Section 4. At the election held in said
cities, next ensuing after the taking eff
feet OF this act. there shall be elected
the mayor and also the councilmen, who
are then to be elected according to the
laws an ordinances heretofore in force,
and they shall hold their offices respec-
lively for the terms beginning with the
date OF their qualification. according to
the laws or the ordinances heretofore in
force. to and until the first Monday in
January. in the year of u Lord 1899:
a md nil annntntiva NGfpara ~ -nil citia,
appointed at the time fixed by laws Or
ordinances heretofore in force, after said
first city election occurring next after
the taking effect OF this act, shall hold
their offices for the period prescribed fer
elective officers by this section. and I'M
til their successors are appointed and
qualified. The councilmen, whose terms
Of office extend beyond said first city
election. occurring next after the taking
effect of this act, shall continue in office
until their present terms have severally
expired. when their immediate success
sors shall be appointed by the mayor, by
and with the advice and consent Of the
councilmen whose terms of Office shall
not have expired at the time Of such ap-
pointment. Such appointees shall be ap-
pointed for the fractional term inter-
vening between their appointment and
the first Monday in January, A. d. 1899,
and they shall severally reside in the
ward, which they are appointed to repre-
sent.
Sec. 9. When a tie shall occur in the
election of any city officer, the county
clerk shall certify thai fact to the city
council. and such council shall, by or
der or resolution, entered Of record, de-
clare which OF the persons receiving the
same and equal number of votes at said
election, shall be elected, and thereup-
on, the person declared elected shall be
entitld to hold the Office for the full
term thereof.
Mayor Brown said the resolution pre-
scented by Mr.. Lohlein covered the law
provided the first part OF section 9 had
been complied with. but he did not un>
derstand that the certificate of the coun-
ty clerk had been presented. II the cleo
ton a to have been conductd under
the old law, then it was in force till ev-
cry step in regard to the election had
been completed. 1t was a matter that
should really be passed upon by a court.
He was not in sympathy with that pro-
vision of the act which decided a tie by
q vote Of the council. He believed it
gave too much power to a few e In
one way it was a great saving to the
people, inasmuch as it did away with
all special elections. The proposition
was that where the voters OF the Third
ward had failed to elect, the council was
to elect for them.
Mr.. Lohlein said it looked to him that
the intent Of the legislature was TO ar
range the matter the same as in the
case Of appointments. The object was
doubtless to a money. II the mayor
and council had the right to make and
confirm appointments under the new
law. it had the right to decide ties.
Mr.. Grant asked for the city attorney,
when it was discovered that the attor-
ney was not within the sacred precincts
OF the city hall. From the reading of
section 4, he said, 1t was clear that the
election should have been held under
the old law.
Mr.. Settele said he based his objection