The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1897-09-21
| TEMPORARY CHAIRMAN
u. p. AVERY ELECTED LAST NIGHT
By HARBOR COMMISSIONERS.

Letter from Speaker Reed In Regard to the
Tie Vote Dispute-Com oner Evart's
Reasons for Voting to Dissolve the Tie
Commissioner Gagel Still IA Candidate
Harbor Inspector Dow's Report.
The disagreement which has for some
time prevailed in the board of harbor
commissioners was settled temporarily
last evening and the board will now for
a time at least be able to do business.
At meeting held a few weeks ago TO
organize the new board, vote was
taken for president of the board. AT
that meeting Commissioner EVarts pre-
sided as temporary chairman. Commits
sioner Gagel received three votes Tor
president, and as the vote was a tie
Commissioner Evarts, who had already
voted as a member of the board, voted
for Mr.. Gagel, to dissolve the tie,
The legality of this action of Mr..
Evarts in thus voting twice was ques~
toned and since the dispute arose the
board has been in a deadlock and I'M
able to transact business.
Commissioner John 7. Manson wrote
to Speaker Reed, of the house of repre-
sentatives at Washington, D. c., asking
his opinion on the legality of Mr..
Evarts' action in voting twice. Mr..
Manson received the following reply,
which was read at the meeting last
night:
Speakers Room, House of Representatives.,
Washington, d. c., July 10, 1897.
Mr.. John T. Manson. Dear Sir
Your letter of inquiry has been received,
and the point involved has been considered.
A chairman who has once voted may NOT
cast Il second vote even TO dissolve tie.
The fact that man IS chairman does not
give him any more voting power than any
other member has. After the result or
ballot has been announced. an additional
ballot may not be received and counted,
except by unanimous consent. Very truly,
T. B. REED.
The matter was also submitted to
Corporation Counsel Ely for an opinion,
and this opinion was also read last
night Mr. Ely, after stating the facts
i nthe case says, in his opinion, that
there is nothing in the act of the legis-
1ature which creates the board of har-
Dor commissioners; there is nothing in
| the general statutes of the state of
Connecticut, and there is nothing in the
rules of the board of harbor commits
| sioners, adopted in accordance with au-
thority conferred by the legislature,
which authorizes the chairman to dis
solve tie for the election of an officer
| in the manner in which Mr.. Evarts
acted Then calling attention to the
| fact that there are only six members
of the board of harbor commissioners,
! Mr.. Ely says: eff the seventh ballot
| is cast the result is that the number OF
| ballots cast exceeds the number of
those who are entitled to vote. There
| is no divinity surrounding the person of
| a temporary chairman, which makes
| an act legal for him and illegal for
every other member of the board In
order to legally elect a president of
| the board some member there must re-
ceive a majority of the legal ballots
| cast at a legal meeting. This, it APP
pears, no member has yet received"
| Mr.. Ely then states as his opinion
| that the action of the chairman in vot-
was illegal, and of no effect, and that
| in fact and law no person was elected
| president of the board of harbor COM
mlssioners.
| After the letter from Mr. Reed and
| the opinion of the corporation counsel
| had been read, Commissioner Bushnell
| moved that Commissioner Avery take
| the chair The clerk did not put the
motion as Mr. Gagel had taken the
chair and was occupying it, and de-
sired to state his position. An informal
discussion was held, each member Civ
ing his opinion in the matter. Finally
| the democratic members withdrew for
consultation. They returned in a few
minutes, and then Mr.. Gagel asked
Commissioner Manson to step out with
him a moment When the two return
ed Mr.. Gagel announced that he would
withdraw his claim to the election, but
wished it understood that he would be a
candidate when an election was held.
On motion of Commissioner Bushnell
Commissioner E. P. Avery was elected
temporary chairman. After the meet
ing Commissioner Evarts said that he
had voted to dissolve the tie at a pre-
vious meeting because he was guided
! by several precedents which have oc-
Cured in local boards. One case he
cited was that of a similar act in the
court of common council several years
ago Mr.. Evarts said that it was when
| Dexter r. Wright was a candidate for
the position of corporation counsel. He
said that a joint meeting of both boards
of the common council was being held
to vote for the candidates and ex-Judge
of the City Court Peck was presiding.
Mr.. Evarts said that on tie vote being
taken, Judge Peck, who had already
voted, voted again and thereby dissolv-
ed the tie. He also referred to a like
occurrence in the board of public works
when the asphalting of Orange street
was being discussed there, and to the
action of ex-Police Commissioner Boil
mann some years ago in voting in like
manner to dissolve tie vote on candi-
dates for the police superintendency.
After Commissioner Avery had been
elected temporary chairman, a report
was read from Harbor Inspector Cap
tain E. 8. Dove, stating that several
improvements had recently been made
about the harbor, among the improve
ments being Mansfield's new wharf
on Grand avenue, the new steamboat
dock, repairs on the Empire Transpor-
tation company's docks, and repairs on
the dock of Smith Brothers at Oyster
Point. The board adjourned at