The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-04-27
NO SPECIAL ELECTION.
Deering Will Not Have Its Four New
Aldermen This Year.

Mayor Davis Says He Will Not Sign an
Order For an Election Until He Is
Compelled To Do 1t BY the Supreme
Court-Order Calling for Election De-
feated BY One vote-Other Important
Business Transacted BY behring's City
Council.
The citizens of Deering anticipated
that last nights meeting of the city
council would be decidedly lively one
and SO they turned out in large num-
bers to 'see the fun In view of the
recent rather Sensational occurrences in
Deering the citizens were undoubtedly
well justified In assuming that some
thing might happen at the city council
meeting which they would be CORY to
miss, but the city council fooled the
citizen anu passed the evening In the
transacting of routine business. Only
one matter of unusual Interest was
bought up and that was the question of
whether or not special election should
be held for the election of the four a0-
ditional aldermen at large as provided
for In the new city charter which was
passed by the last legislature.
Mayor Davis in message to the city
council several weeks ago, stated that
it was his opinion that the charter did
not make it imperative or necessary the
election of These additional four alder
men this spring, but some of the other
members of the city council had other
views in regard to this LATTER and ap-
pealed to the city solicitor for his opin-
ion on the matter. Last night Alderman
Aver read the following communication
in resarl to this matter:
Portland, Me-, April 20, 1897.
Wyer P. Aver, Esq, Chairman Of the
Board Of Aldermen:
Dear Sir:-Will you kindly bring the
following communication to the atten-
ton of the Board of Aldermen G
At the last meeting of the City Council
it was voted upon your motion to ask the
opinion of the City Solicitor, about the
req uirements of the amendments to the
City charter enacted this present year,
Us to whether or not there ara now
vacannies in the Board Of Aldermen
which should be flied at once by the
election Of four aldermen at large.
10 this request Of the Board, informs
ally stated my opinion to be that such
vacancies han been created by the act,
and chat they should be filed at once
by calling special election; and that /
bad formed my opinion from a careful
examination Of the authorities.
Thereupon the Mayer took occasion to
forcihly deny the validity of my position
and quoted the names of eminent counsel
as sustaining hiul by their opinions.
! have to say to the Board that / have
since called upon both Of the gentlemen
mentioned, and that Gov. Cleaves tells
me that he has never given any opinion
upon the effects of these amendments;
and Hon. j. w. Symonds tells me that
he has never given any opinion which
was based upon an examination OF the
law. and that the question of vacancies
was first presented to him by myself.
The election of the Alder men seems to
me to he matter of vast Importance TO
tn g city, affecting, as it may, the validity
Of the proceedings of the City Council
in apprOpriating money, issuing bonds,
assessing sewer and sidewalk ASSESS
ments, enacting ordinances, and other
like proceedings.
The City Council is at present in a
CFlppl6tt COuttlbiOu uhtlH& Uub soveL lH0ul-
bers. It properly consists of eleven alder
men. Six are necessary for quorum;
and unanimous vnte Of the seven ex-
listing aldermen is insufficient to carry a
measure over the veto of the mayor,
while. upon the other hand, the veto
power of the Mayor has been enlarged in
it's scope by these same amendments.
As deem the election of these alder
men important. so do dean neglecting
to elect them a grave responsibility; and
as the City records show that my opinion
has been invoked in the matter, it would
seem only fair to ask that the RESPONSE
bility for any complications that may
arise hereafter, from failure to elect q
full board. be fixed where it properly
belongs by fling Ia the city records.
this letter, with the citations of author
tiles hereto appended.
Respectfully yours,
FRED V. MATTHEWS,
City Solicitor,