The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-04-07

the Democrats Generously in the
Appointment of His Committees.
1t looks as If the election of a city
solicitor is to be attended with the
locally fashionable election contest.
The election of a successor to Mr.
Mckinley is set for next Monday night,
the second Monday in April being the
time prescribed by the act of assem-
bly, At last nights meeting of select
council, Mr.. Roche led the Democrats
in an attempt to kill the resolution
calling the joint convention for this
date, arguing that there will be no
vacancy in the solicitors office until
the first Monday in May, 1900.
The attempt was unsuccessful. The
Republican members took the ground
that councils should proceed with the
election on the day set by law and
leave it to the incumbent solicitor and
his successor to determine in court
when the one term ends and the other
begins.
1t will be remembered that, owing
to a deadlock. Mr.. Mckinley was not
elected until July %. 1897, nearly four
months after the balotng began. The
| law says that "the city solicitor shall
serve for term of two years from
the first Monday in May succeeding
his election, and until his successor
shall be duly qualified"
The first Monday In May succeed
ing Mr. McGinley's election was May
., 1898 Twx years from that time
would be May ., 1900.
h., oh
night by the reading of the concur
rent resolution, passed by common
council last Monday, calling a joint
convention of councils for Monday
next to elect a city solicitor and
member of the board of revision and
| appeals.
Mr.. Roche moved to strike out that
portion of the resolution referring to
the city solicitorship. There was, to
his mind no vacancy and councils
should take time to give the question
ample consideration. He had secured
an opinion from eX-Justice Alfred
| Hand confirming his contention and
would read it as a part of his re-
marks. He then read as follows:
EX-JUSTICE HANDS OPINION
Ny opinion is sought upon the ques-
tion when does the term of office OF
the present incumbent of the office OF
city solicitor expires. The answer is 10
he derived solely from the Act of AS
sembly of 23d of May, 1882 providing
for the incorporation and government
of cities of the third class.
The present incumbent was elected
and entered upon the duties of his
office in July, 1897. Article y, Section
| l. provides that THE councils of each
of said cities of the third class shall. in
| Joint convention, on the second Mon
day of April or as soon thereafter as
| practicable. elect by the vote of a
majority of the members chosen to
| both branches, one person learned in
the law. and qualified to practice in
the Supreme court of this common
| wealth, who shall be styled the city
solicitor, and shall serve for the term
of two years from the first Monday of
May succeeding his election, and until
his successor shall be duly qualified"
The plain language of the act would
fix a service until the first Monday OF
May, 1900, and until his successor shall
be duly qualified. Is there anything in
the law or the decisions of the courts
| which would change this view? / am
unable to find anything. An eXamina-
tion of previous acts OF assembly and
decisions somewhat analogous will con-
firm the express language of the stat
ute already indicated.
The Act of 1874, providing for the in
corporation of cities, provides that the
select and common councils
shall on the last Saturday of Febru
airy next succeeding the issuing of let.
terS patent to the said city or its ac
ceptance of this statute, and benniallS
thereafter elect the city solic
itor. He shall hold his Office for two
years from the first Monday of Marcl
succeeding his election and until hi
successor is qualified.
| 1t is to be noticed that the Act o.
1874 fixes a specific day for the cleo
tion of city solicitor; the Act of 1885,
fixes a specific day, "or as soon there
after as practica BILE" and omits tn,
words "biennally thereafter" Boil
these expressions are significant. Boil
acts fix "a term beginning on a day sue
ceeding his election and until his sue
cessor shall be duly qualified.
SUPREME COURT DECISION.
1t was decided by the Supreme cour
that the time for the election unde
the Act of 1874 was merely director!
: and did not preclude the election of ;
city solicitor at a subsequent date. |
is to be remarked that there is a clea
intention that the term of the cit
it is never less than that period an,
2 may be more, and has always bee
more than two years when the election
has not been on the day first indicate
, or before the time first intended
, should begin. There is no shock there
r fore to the legal mind in a construc
tion which prolongs the term beyon
two years; it is provided for. There
4 also apparent from the acts of assem-
5 bly, that there is an intention tina
there shall be no vacancy
' Another fact of intention is appar
| ent and that is not that there sha
: be fixed time when the term of cit
o solicitor shall begin, but there shall h
7 a fixed time when II shall end, the lat
ter being the first Monday, except /
the instance of a predecessor who ha
held over in which event 1t shall b
when his successor has been dul
qualified" l find no decision ruling tn
= exact facts of this case, but such a
there are confirm the express languae
of the statute and indicate that tn
language should be strictly construed
In Commonwealth eX rel Roney Ia
receiver VS.. Warwick, mayor, 172 p
14O, it was held that the strict languas
of the act until the next city eleC
n tion" must be followed even thong
$ the legislature by a special act ha
n undertaken to construe the act diffel
entity (thus usurping the powers of III
COURT and although it fixed time fC
choosing the successor when the voter
would not ordinarily under eXistin
laws vote for a receiver of taxes.
G, WORDS OF THE ACT.
y 1t is to be observed that in the A,
;, of 1889 where the term is not two yea
>, from his election and entry into ofiic
but two years from the first Monda