The sun., 1900-05-18
PRESIDENT alexander
DID not DECLARE
OFFICES VACANT
Ignored Two Opinions Given
Out by the City
Solicitor.
VICTORY FOR '.BIG FOUR. .
'.Solid Six' Were Late in Arriving
at Last Nights Meeting and the
Republican Members Wanted
to Proceed With Business
Without President
Alexander.

big crowd which stood three deep in the
rear of the council chamber last night,
President Of Council Alexander ignoring
two opinions from the city solicitor, re-
ceded from the position he had taken |
and told the councilmen and assembled |
office seekers and politicians that he
could not declare the Offices vacant |
When he finished his statement the
crowd was very disappointed one IN.
deed, as it was seen thag there was little
likelihood Of any p.ums falling Just ut
present.
Early last evening . big crowd Of of-
fee seekers and p0ti iciafts gathered III
! front Of the City Hall aud discussed the
situation while waiting for Council to
meet.
They had long wait, however. When
s o'clock arrived the ! md Six"-Coun-
ciImen Alexander, Monaghan, Obery,
IIealy, Cannon and GroyGs-had not al
rived, and this caused many rumors to
be circulated.
One was that they were caucuslng at
the Silver League headquartets, wni.e
one OF the "Big Four" said that he
understood that they were at "Dutch
Joe's."
], Shortly after O'Clock quorum OF
J Council arrived at the Council chamber,
made up of the "Big Four"-Council-
men Kane, Smith, Kane and Mousely-
! and the Republican members, Messrs.
! Fisher, Stewart and Pierson.
II AS the other members did not arrive
Mr.. Stewart suggested to MIR. Kane that
: he or some one else be called to the
! chair and the business of Council pro
I ceeded with.
70 Mr.. Stewards suggestion was not takeI
up by the 'Big Four" however. FlnaiI,
at $50 o'clock Mr.. Monaghan hove il
u sight aad Was closely 10 1loMed by Mf
10 Healy. Then came Mr.. OJerll. III
20 others came soon Afterwards.
70 President Alexander, II .,oa hs arrlva
y at about S.25 o'clock, haa a cunferenc
with Mr.. Kane. 1t Was aoouU Sd
,e called to order.
J. After the business OF fne evening wa
transacted, Mr.. Alexander arose ana sal
,e he desired to set forth nls position i
j. regard to the city offices. lie then slatte
< to read the opinion of the CITY Solicit,
is which had been given former Presidel
Leitch and which appeared i'll fHE 81
last Friday. This opinion SAYS the otlics
: are practically vacant.
le He also read the follow ing opinio
40 90 from the city solicitor, which was date
y Nav 10, 1900. 1t is addressed to NJ
g Alexander and is as follows:
Dear Sir:-Answering your inquir
of this date, would say that section 80
o. the city charter expressly provides TIL;
n sall elections for officers TO b.. appointe
ne by the same (the Council) shah be
to ballot and by majority OF all the men
10; bers OF the Council This being IKE
h. by law, motion to continue an ulfl e
d. other than pro tempore, would be cieal
10; out of order, the only manner in whit
3, a city officer can be app tinted, either 4
the full or an unexpired term, being /
ballot, and an election would mol be leg
as if taken by viva voce vote OH slmp
"a. motion.
"a 'The filling of an office pro tempo
~ means, in my opinion, an appolntlhe
for the time being oniy, and t4ere Is
in. warrant in law tor a pro temp ire u
in polntment extending over an lndefin
in period. Neither do | believe THAI a y
40 tempore appointment could be ilstri
3j to extend over an unexplred teitil.
rs. yours respectful,
,ts "HENRY G. CONRAD.
ts 'tCity S5icilOr
,ts He said he had based his arguEt
,ts about the vacancy of the city offices
o5 these opinions. He declared that
in was ashamed of the Councilm+n bel
so lax in their duty in regard To
ant election of city officers. He mad felt u
yes in signing the pay-rolls he was acii
ita- illegally, but he mad now been ad is
ent that seclion ) of article 10, ''Al put
81 Ulcers shall nod their respective oili
a. until their successors shall be duly qua
as fed except in cases berein otherw
provided" made it legal for the oi'c
ows TO hold over until their successors W
ich eected.
mi Wfe he started on his exp'a anai
some one ran down stairs shouting I
- ne was declaring the offices vacant an
iced report to this effect spre I'd all over 10
no. Quite a number OF persons call. d mp
ked City Hall on the telephone anu asked
4 il that had really been done.
al.. The big Four were beaning y
1894 Joy and claiming victory over the =
tax SIX" as Alexander took Just the po-it
they have been occupying all aij's.
I"a't No One for Cadet Service.
81. The civil service examination for
een cadet revenue cutter service was not
PEN yesterday as planned because there Y
!. ST no apphcants on hand.