Daily press. [volume] (Newport News, Va.) 1896-current, 1898-07-20
ARE STATE OFFICERS {
Mayor Has No Authority Over
Police Commissioners
ClTYATTORNEY's OPINION
1t Was Given to the Com,non Couucil NV
Mr.. >. X. NJ. Newton at the
SECULAR Meeting Last Night
Proceedings In Fuii

Inc elements did not prevent the at
tetluance OF Il quorum ut last nights
meeting OF the Common Council Ten
.ieatpers answered to the roll call, le;y-
ing lour MISUNDERSTANDING looner-
~, ~, CorS', Thomas and Washington 1t
"aS some time after O'clock lhou,rh
peiore President }. A. Buxton rapped
the body TO order. but the members
settled down to business and there was
no unnecessary wind jammng
After the minutes of the previous
meeting We're read and signed by the
president Clerk Massie read the follow
ing message from the mayor:
TO the Honorable City Council:
ma Dy reading the ordinance in re-
CARDS to fire commissioners that we
have only one commissioner. Mr.. Row
bottom, elected to fill the unexpired
term of Mr.. Bedford. whose term of
ofi.ce expires July 81. 1898.
According to the charter. Sections lo
ana ia. Mr.. Bensons term expired
July BIZ SO; Mr.. Hirshbers's July 81.
VI and Mr.. Bckfords July 81. '9S.
Iifere is no provision in the ordinance
Tor election to all the vacancies at the
end OF the term. Ii would appear on
reading this ordinance that there was
an attempt to follow the line laid down
Tor police commissioners, but it seems
to have miScarried.
suggest that you amend the ordi-
nance and follow the plan laid down
Tor police commissioners and elect
three commissioners, one whose term
shall expire July 81. 1899: one to expire
July 81. 1900: one to expire >.Tuy 81.
1901. and upon the expiration OF each
of these said terms their successors
shall be elected for the term of three
years each.
CITY JAIL.
I am Informed by the clerk that moth
in 1aS ho,t ,7.lpa in, nh .
building the new Jail. I think it would
be advisable to add to the building
committee ON Jail the city engineer and
city sergeant. come to some conclusion
as to what kind of building is neces-
-sary. advertise for plans and push the
work as fast as possible.
herewith enclose You memorandum
handed me by Mr.. Fitchett city en-
gineer. for such instruments as is ac-
tually necessary for carrying on the
city's work. AS we are about to ex-
pend thousands of dollars in improve
ments I believe you see the advisable
ity of procuring the outfit at once.
Yours respectfully,
A. A. MOSS.
y. The memorandum from City Engi-g
neer-elect G. w. Fitchett recommen-
ded that the sum of $3.50 be appropriate
ed to purchase one engineer transit,
one level and rod. two line rods and
two chains.
The MESA ge was referred to the or
dinance committee. and sum not to
exceed $3.50 was. appropriated for the
purchase of instruments for the city
engineer. W.-.
TWO REPORTS.
There We're TWO reports from the va
rious comnttees-one from the COM
mttee on rules and the other from the
ordinance committee. recommending
and ordinance providing for the pay
ment OF municipal laborers weekly
instead of monthly. The rules We're
suspended after which the ordinance
was adopted.
RULES ADOPTED.
Very few changes We're made in the
rules. those under which the. old council
worked being adopted. The rules EN-
power the president to send messen-
gers for absent members and compel
their attendance at any stated or spe-
ci:il meeting. and if the member fails
to attend after being notified he shall
be fined So The report was adopted.
OLD COUNCIL SUSTAINED.
Commemorative Attorney j. X NJ.
Newton. to whom was referred for an
opinion the message of Mayor Moss in
which his honor recommended that The
council elect two police commissioners
to fill the places the board held by
Messrs. w. G. Stuart and NJ. v. Dough-
ty, rendered an opinion as follows:
TO the Honorable Council:
Gentlemen-The following is my
opinion in the matter of Police Com
missioners Stuart and Doughty, re-
ferred to me at your last meeting:
In constituting Section 20, Article vi
of the Constitution of Virginia (Which
is virtually copied In Section sc OF our
charter). the Court OF Appeals of this
State made q distinction between city
or municipal officers and public or
State officers. the former being those
whose duties are purely local and the
latter those whose duties are of a pub
lie nature. The court held that on ac-
count of the duties which he was re-
quired to perform the chief of police OF
the city of Lynchburg was not a city
or municipal officer but a State officer.
and that the mayor of city in this
State has not by virtue of the said
section OF the Constitution any author
ity over a policeman. Taking the rule
laid down in that case by which VIC
are 10 determine which are State and
which are city or municipal officers.
il is plain and manifest that the po-
lice commissioners Of this city are
State officers. Section IL Of our charter
provides that in case of a vacancy in
municipal office the same shall be
filled by the council. I do not think
this section applies to any except those
officers whose duties arc purely local.
that is. city or municipal officers 1t
does not therefore, apply In the case
of State officers. and if there is va
carcy in the two offices named we must
JOCK to some otner STATUTE loI tHe iIioue
in which the Same is to be filled. 1t is
nv opinion that the council has no
right to apnnint any one to fill va
canrv in the office of police commits
sioner Ewnr If this We're the case I
certainly ;rrlire very much to the
opinion tha the former action Of the
council is equivalent to an election of
Messrs. Stnart and Doughty to FIJI the
vacancy existing.
Respectfully submitted,
7. *. NJ. NEWTON. ~
After hearing Mr. Newton's onlnion
the counci! bv a unanimous vote ac-
ranted it as being the law governing
the case. and the matter was drnnped-
The opinione snstains the last admin
istration.
trjtv Engineer Genren v Alison ~,'h-
mitted the nlans of the steel bridges
-,,h,ch viii he erected a the TWENTY
fifth and Thirtv-fonrth street crossings