The free lance. (Fredericksburg, Va.) 1885-1926, 1900-07-03
Hnr TINES IN THE COUNCIL.
The Council as Well as the Citizens Want
to Know Where We Are At.

the excitement, heretofore mentioned,
became more openly evident Mr.
McOracken moved that the body go into
an election of Councilman from the
Upper Ward to al the vacancy caused
By Mr.. Willis elevation 20 the Mayofh'
~. Mr.. Cole seconded the motion.
Mr. Bradley was opposed to taxing suoh
action until after the election OF the
Mayor, expressing the hope tnat no
might then have the privilege OF voting
for Mr. NJ. q Willis, whom he spoke
of in high terms as the efficient chair
man OF the Finance Committee. lie
suggested that Mr. Willis would prob
ably be aIcandidate for reelection to the
Council.
MIR. Willis disclaimed any Intention
OF being a candidate again, and said
that he would decline II reelected.
Mr.. MoOraoken, In reply to Mr.. Brad
ley. expressed surprise at the latter
remarks. aud claimed that Mr. Wills,
when he was elected Mayor on June 10,
was entitled. unless. the conrts other,
wise decided, 20 hold the oihce until
July l. 1909
MIR. Cole supported Mr.. McOracken,
and lntimated that there was something
behind Mr.. Bradley's desire 90 postpone
the election Of q Councilman. He want
ed 70 proceed according 10 law, and in
sisted that no action In regard to the
mayoralty should be taken that would
jeopardizs the issuance OF city bonds
SNAP JUDGMENT.
At this point Mr. Bradley aroused the
ire Of Mr.. Cole by stating that certain
members had taken snap Judgment on
the others when, at a meeting called Tor
the reception of electric light bids, Mr.
Willis was hastily elected in the alb.
senoe Of one Councilman and without
any previous notice 20 members OF the
body. He questioned the legality OF
Mir. Willis election, and called Capt
McOracken's attention TO the fact that
six was not two.thirds Of ten and there
fore the suspension Of the rules on 10th
was not carried.
Mr.. McOraoken-Yo agreed with me.
Mr. Bradlcy-Yes; l thought b at the
time
Mr.. MoCracken then entered into an
explanation Of that vote, saying that he
was Of opinion that only nine votes were
cast. II he erred, every other member
did the same thing
Mr.. Cole then vigorously denied any
cognizance on the part Of the Light Com
mittee In what was termed snap ludg-
ment and Mr. willis did the same
thing for himself Mr. Bradley moved
that the election Of councilman be pass
ed by. Il was lost by q vote Of 20 q.
Mr. Cole then nominated Mr.. A. Ran
dolph Howard 10 ill the vacancy, and
Mr.. Bradford nominated Mr.. q. W
Jones. The latter received 2 votes and
the former 4. aud Mr.. Jones was de-
olared elected. Me8srs Bradford and
chancellor were appointed committee
10 escort Mr. Jones before the council
lie was sworn IN and took his seat
Mr.. Willis at this point had read the
following communication signed by
himself
To the Common Council Of Fredericks.
burg. Va.
Gentlemen-On June 10Th, without
solicitation on my part, you elected
me your Mayor l qualified according
90 law. have performed the duties
Of the office 20 this date. Now, l IN
derstand the question has been raised
as TO whether this election carries with
Is the term ending July /. 1902 have
been Of the opinion that since the death
Of our late Mayor the Council could
hold but one election to fill the vacan-
cy. and am still Of that opinion De.
siriug to do what is right, and to have
this question decided upon high moral
grounds. If the members Of the Couu-
oil dissent from my views. l submit
the matter 20 you, gentlemen, who have
taken a solemn oath Of Office, as l have
done, TO take such steps as may be nec'
essary TO define my position according
60 law.
ANOTHER SQUABBLE.
Mr. Willis then threw the Council
into a broil by requesting Capt Nc
McOraoken to take the chair. Mr.
Bradley objected most strenuously 10
Mr.. McOracken filling same. and q long
dIspute ensued. finally terminating
with Mr.. Bradley. at Mr.. Willis re
quest, withdrawing his objection.
Mr. Cole created the dispute anew BY
moving that the Council 90 into the
election Of Recorder. The motion was
defeated 6 for and 6 against.
Mir. Bradley then moved that Mr.
Fitzhugh be asked to render an opinion
as 10 whether Mr.. Willis was the Mayor
and whether his election was legal
Same was oarried-Bradford Jhancel-
lor and Cole voting In the negative
Mr. Fitzhugh then rendered the follow
ing opinion:
"Prior to the recent act of the Legisla-
ture in the case Of q vacancy in the Of
fee of Mayor the law required the Cor
poration Court TO fill the vacancy until
the next general election. This last act
Of the Legislature, to which l refer,
requires the Council, instead OF the
Corporation Court, TO f i the vacancy.
Under this recent act Of the Legislature
it was competent for the old Council,
which has gone out Of existence, TO have
elected successor TO Mr.. Rowe to fill
the uuexpired term. ending July 1900.
1.-The old Council undertook to-fll
that vacancy and TO elect Mr.. Willis,
bus It failed to elect him legally, and,
In my Judgment. as l told him the
morning after the election, he was not
the Mayor that If that election had
been legal it was not competent for the
old Council to elect the Mayor Tor any
longer time than the 1st Of July, 1900
Hence have no difficulty In advising
this Council that a vacancy exists TO-
day In she office Of Mayor OF this city,
which the law makes Is the duty OF this
Council to fll for the unexpired term.
ending July 1902. "
In this same opinion Mr. Fitzhugh
also said that the Council had no power
to refer the selection Of Mayor to the
people; but these latter remarks were
vigorously objected TO by Mr.. Perry,
and were upon his motion unanimously
stricken ont.
Mr.. Willis replied TO Mr.. +. stating
that II was the latter who had ad'
vised him to qualify. and that Mr.. Fitz.
hugh and Mr.. Embrey had both agreed
that he should direct Capt. Quinn
to hid court. Said he would have call.
cd the Council together and resigned
but Mr + advised him not to do 30,
therefore he decided to leave the whole
matter to the Council for settlement