Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-06-06
VOTES OF DELINQUENT MEMBERS.
Question OF Legality OF Ordinances
Passed by Such COunciimen.

The very serious question OF whether
The city ordinances passed by Councils
some Of whose members were elected IN
violation of an ordinance adopted some
wears ago. but not enforced. are valid
has been raised. though not in formal
or legal way.
The issue really involves two ques'ions-
whether the ordinance referred TO is con-
qtitutio~al. and. If So whether IT affec,s
4he validity of the acts Of such council
men. as. according TO it's provisions, were
ineligible.
The ordinance was adopted some years
ago. and provides that
"No pereon shall be elected or appointed
10 any office or employment in the SER
vice of the city who shall not have re-
sided therein for twelve months next
preceding such election or appointment,
or who shall be delinquent in the pay
ment TO the city of any bill for taxes,
water or gas"
II has been ascertained recently by an
examination of the TaX-Collector BOOKS
that of the forty-eight members OF the
Council about dozen are delinquent.
This fact has been quietly discussed about
the City Hail, and the question has been
raised as to the effect of this condition
OF affairs upon ordinances adopted by the
Couacil. As yet, there has been no move
TO test the matter, and 1t Is not at all
likelv that there will be. OF course, If
one act of the Council should be declared
null and void on this ground, the result
would be to set at naught and throw into
derangement a great part of the city's
laws. grants of franchise. and require
merits. The matter has been discussed
with specia, interest as regards It's posi-
bic effect upon the retrenchment ordi-
nances, and the question OF franchise for
the American Telephone and Telegraph
Company soon to be passed upon.
City-Attorney Meredith and Attorney
General Scott both declined TO give an
opinion on the subject, when approached
last night. as they had not looked into
the matter particularly. and it mis<t at
some time came before them officially.
Other authorities on legal matters who
were seen were not prepared TO take a
positive position. While some thought.
porhaps the ordinance was constitu-
tional all were OF the opinion that the
acts of the Council would stand the test
Professor John Is. Minor and Messrs. S.
S. Z. Patteson. Wyndham r. Meredith.
and George Anslie were among those
who held this latter view. Ii was sug-
cested that a councilman. or other Of
ficcr who had been so selected. might be
removed, but that his official acts could
hardly be attacked by reason OF previous
| Disqualification.
There is grave doubt whether the ordi-
nance quoted is constitutional, and de-
cisious pf ne Virginia Court Of Appeals
bearing indirectly, If not directly. on the
subject, are of easy access. II VIII
ered that the General Assembly
In he pf eli a.
| law over Governor Camerons veto ard
| the Supreme Court declared Il to be un-
| constitutional because it required that
| the members of the electoral boards
| should be fIeehoiders The court. in this
opinion, held that the Legislature could
not abrdge the right of suffrage or ex-
| act OF candidates for any Office require
ments not contained In the Constitution
| The members OF the legislature there
| upon obtained the acquescence of the
necessary three ffths, and had an extra
| session called, I'm which the defect was
remedied.
The Constitution Of Virginia provides
that "Acl persons entitled TO vote shall
be eligible to any Office within the CIR
Of the people. except as restricted In this
Constitution" There is no such restric
ton in the Constitution as the ordinance
contains nor from cursory examination
does II appear that the Legislature I:
clothed with authority to empowed cir;
councils to impose them. The consti
tutional provision just quoted woult
seem TO apply TO councilmen as well a:
! to any other officers, as members of com
mon councils are clearly recognized In
| the declaration that they "shall hold nc
| other city office in cities, and no city of.
| ncer shall hold seat in the General As
semty."