The times. [volume] (Richmond, Va.) 1890-1903, 1902-08-19
TWO COUNC|LM
IN PRED|CAMENT Ed A
Right to Their Seats is Brought
Into Question.
'-if-i-i ---- ----- 81,
ARE EMPLOYEES OF UNCLE SAM.
Messrs. Fill Seay and J. M. Blanks for
This Reason May Not Be Legal
Members of City Government.
Section Of the Code.
ARE EMPLOYEES OF UNCLE SAM.

Cit" Attorney Pollard will be called upon
in the next few days to pass upon the
legality of the membership Of an Alder
mar and a Councilman. both of whom
are now prominent members of the two
respective bodies, and if the opinion of
a prominent attorney, as expressed at a
meeting of the Committee on Relief for
the Poor, is to be taken as a criterion,
it IS probable that the gentlemen referred
to will soon find themselves out Of the
Council or minus postoffice sub-Station.
Tie gentlemen referred to are Messrs
NJ Fill Seay, Alderman from Clay Ward,
and J. NJ. Blanks. Councilman from Lee
Ward, and the reason for calling upon
the City Attorney to pass upon the le-
E:l:ity of these gentlemen's right to hold
positions in the Council is that both are
at present conducting postoffice sub-sta-
TORS. under appointment from the post
master Of this city. 1t is claimed that
under the State law it is illegal for any
person to hold any position of honor,
trust or emolrment from a city while
holding any position of trust, honor CT
enicuInent from the United States.
The section of the Code referred to by
Nh. Thomason follows:
Section 1e3 Disability of person hold
! ing Office under United States-No person
shall be capable Of holding any office or
post mentioned in the preceding section
ullo holds any Office or post Of profit
trust or emoument. civil or military, leg
isiative. executive or judicial, under the
government of the United States. or Who
is in the employment of such government
c.r who receives from it in any way any
en7ounlent whatever; and the acceptance
of any such Office, post. trust or emolu-
rent. or the acceptance of any such Of
fec. post, trust or enolument, shall, ipso
facto, Tacate any Office or post OF profit
trust or en7olument Under the govern
rnent of this Commonwealth or under any
county. city or town thereof.
The matter came up in the committee
meeting, when it was decided to act upon
the designation of a free dispensary for
Fulton. Mr.. Miner calling the attention
of the members present to the fact that
tha 1wo Councilmen referred to We're man
ayers of postoffice sub-stations.
Stree it has been decided to place a
free dispensary in Fulton there mas been
| bitter fight en- between the Peoples
DRUG Company. which is owned and op-
Grated by a citizen of Richmond, and w.
II Harrison, who has a drug store in
The city, but who resides in the county
| The designation of the dspensary was to
! lave been disposed of last night. but on
| molten Of Mr.. Miner the matter will now
go 10 the City Attorney for his opinion
on the legality of the claim of Harrison
| ~ 9S N'rSiSiidteu dS operator OIL a 1ree
/ dlspensaly to be maintained by the city
| of Richmond.
| Mr.. I'homason, when the matter was
| called up for action secured the floor
| stating that until late this afternoon he
/ he! favored the application of Mr. Har-
| Iison. But" said he. Il was informed
| just before coming into this meeting that
Mr.. Harrison. in addition to being a non
| resident of the city, is at the present
| time manager of the Fulton sub-postoffice
ard under the State law he could not
| legally hold the two positions"
ATTORNEY TO DETERMINE.
Following this brief statement by Mr.
| Thomson, Mr.. Miner arose. and in A
! her lengthy talk stated that accord
! ing 20 his construction Of the law-he
stated he was not lawyer-Mr. Harri-
/ son had a perfect right to hold the two
positions at the same time
And if that is now the case he
| continued, II am under the impression
| that there are at least two members
! o. the General Council who are at this
! time managers OF substation postotfices
Ii they can legally hold tho two posi-
,Icns l am at loss to understand VIII,
Mr. Harrison cannot enjoy the same
privilege.
| Miner created much surprise, and in or
der to determine the legality of the eI.
/ tire matter it was decided TO make the
| Fulton dispensary a test case. 1tNwas,
J therefore, concluded to refer the entire
! matter to the City Attorney, asking that
i he express an opinion on that section