The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-10-17
MIR. Browns Opinion.

TO the Honorable city Council.
'GGnuemen-Nlne members Of your hon
orahle body have requested me TO trans
uit - tno council my opinion as 20 the
proper construction 10 be given 10 Articles
y and XIX Of the city charter, so far as
taey relate 10 or govern the removal from
once Of the MAYOR of the city OF Seattle
ana the happening Of a vacancy In the
ONCE Of mayor by removal or otherwise.
In compliance with said request, ! beg
leave 20 state that Article Y. relates sole
proyiAions mag conflict or be Inconsistent
with those contained IN Article XIX. HIM
d and control the latter. which Is an aFJi-
Gle relating generally to all officers. in
Guiding the mayor.
the provisions OF Section Y of Article
v. With regard % the removal from Office
~ the mayor diHer from those OF sec
tons and 10 of Article NIX, which re-
fer generally 10 the removal OF elective
officers. and therefore the latter article
must De held not 10 refer 10 the mayor so
far as the causes and method OF removing
him from Office are concerned Section
Of Article XIX, however. relates solely
To matter with which Article Y. does
not deal at all. viz. 10 a statement OF the
circumstances under which an office be-
comes vacant. The section reads fol-
Sec. T. An Office becomes vacant on
failure 70 qualify within the time limited
hy the charter. upon the death or removal
from Office or resignation OF the incumbent,
or his removal from or absence from the
city for sixty days without leave OF the
city council. or upon an adjudication OF
insanity oy court Of competent jurisdic
ton. by a conviction OF drunkenness. or
b any permanent disability. preventing
the proper discharge Of his duty
1t viii be seen from a reading Of Ar
tiese Y. that there IS nothing whatever
therein which states when a vacancy oc-
cars in the office OF mayor. unless 4 Is
section II. which states the reasons why
and The, manner IN which the mayor can be
removed There Ia nothing In this section
inconsistent WITH section OF Article XIX.
which, as viii be observed. provides that
an Office becomes vacant urca
the removal from Office
Of The incumbent and merely specifies
other circumstances than such removal
under which an office becomes vacant
1T follows. therefore. that the mayor
can he removed from office only IN the
section ~ of Article Y. and. further. that
uron the happening or existence Of any OF
the circumstances mentioned in section
% Adele XIX. wiki respect "a the in
c'noent % airy Office Of the city nclud-
trg hat OF mayor such Office becomes va
"JoIgN *. BROWN.
Corporation Counsel
The Discussion.
The transaction Of uulmportaut routine
business occupied tho time ~ the council
Tor nearly an hour after the above
onlnioH had beer read and ased Finally.
MeArdlc said that the routine matters
nlight yell be- postponed untn regular
meeting - the council and moved an ad-
tournmcnt
James appealed COR time. hat was cut
CT - a point of orfeg made ny McArdle
thas bis motion WAS roe dcbatable. Roll
eau resulted IN She defeat Of che motion.
t'fe heinE Give yeas and six nays.
James thcTeupon asked that tae matter
OF granting Mavn- Wood u leave - -
'ence Dr. o. ken up.
NcArd.c said taaf the QUESTION had al
ready been settled by ;he council vsaa, u
refused to fve 'Ae mayor IN indefinite
lesNa. Noise % reconsideration bad
htea ettca bHt more than one -or,,i.r
meeting Pad o'srscd ard trr matter rss
not properly Before the house
James explained thsf ne desired 20
MOVE chat tie council give the MAYOR IN