The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-04-18
ALDERMEN LAST NIGHT.
APPOINTMENT OF COMMITTEES
TAKEN FROM The MAYOR.
alderman Johnson's Motion and
List of Committees Presented ut
the Last Meeting Adopted Last
Night Only Three Aldermen
Voted Against Them-The TeIe-
phone Company of America APP
piles for a Privilege I'm Whining
ton.

Oh Ila DOdTu Oh - dl EhS rex AldB
on Monday night of last week.
the board met dt s O'Clock last night tn
consider the motion of Alderman john
son to take away from the mayor the
appointment Of the committees. The
motion made by Alderman Johnson
also named the committees.
At the meeting last night Mayor
WaddelI was absent, having not re-
turned from Charleston, where he has
been taking in the exposition since last
Tuesday. All the members OF the board
were in attendance, viz: Aldermen
VonGlahn, Sweeney Spencer, Maunder,
Harriss,- Johnson, Bailey, Skinner,
Mann and Parker. A large number of
spectators was present.
In the absence of the mayor, Mayor
the board to order. and said if there
was any business he would be pleased
to have it presented.
Alderman Johnson was Immediately
on his feet, saying that at the last
meeting he made a motion to appoint
lle COIIlltllllttS OL the DOdTu. IL
mayor, he stated, refused to put the
motion. and he appealed to the board
and the mayor also refused to put the
appeal to the board. Then he went on
to say the board adjourned till last
night to take up the matter again. He
expressed regret that Mayor Waddeil
was not present. Il regret it." he de-
clared, and hen he read the whole
list of committees and moved that they
be appointed
Alderman Bailey said. I'VE have a
lawyer here. whose opinion we asked
on his matter, and he called upon
Iredell Meares, Esq, for his opinion.
After the meeting on Monday of last
week the following communication was
addressed to Mr.. Meares:
"Iredell Meares. Esq, City:
Dear Sir: We the undersigned alder
men of the City of Wilmington ask
you to give us an opinion as to Wheth-
er or not the board of aldermen has a
legal right to appoint the standing
committees of the board: also whether
or not he mayor has the right to re-
fuse to put a motion made by an alder
man at a meeting of the board.
w also ask you to furnish US with
an opinion as 70 the prope procedure
to carry out the wish of the aldermen
in regard to the appointment of COM
mittees and oblige,
e. p. BAILEY.
"E. T. JOHNSON,
wv. G. VonGLAHN,
wv. E. MANN,
"JNO H. SWEENEY.
When Alderman Johnson called for
his opinion, Mr.. Meares handed it type
written to City Clerk B. F. King, who
e it as follows:
MIR. MEARES' OPINION.
Wilmington, N. c., April IA, 1902.
To MesSrS. Z. F. Johnson, E. P. Bailey
and others:
Dear Sirs: In reply to your inquiry
asking for my legal opinion as 10 tn
right of the Board of Aldermen OF this
city to name what permanent commit
tees it may appoint and by whom suck
committees may be appointed, whether
by the Mayor or by the Board itself,
L respectfully submit,
There is no provision in the charter
of the City of Wilmington or the Ordi-
nances of your Board that provide for
the appointment of standing commit
tees.
Inc aldermen constitute the legisla-
tive body Of TINS city, and it is Ell
tirely within it's general province to
ordain hat committees may either be
appointed for standing or temporary
purposes. 1t is a mere matter for them
to determine in the exercise of their
Legislative powers, as to how and by
whom committees may be appointed.
The charter of this city, public acts
1851, chapter 1872, section 2, declares:
The corporate powers and authority
granted to h City of Wilmington
shall be exercised by, and vested in a
Board of Aldermen, two of whom shall
be elected by the voters of each of the
following wards of said city"
The private acts of 1866, chapter 8,
section Z, contains a provision as to
the duties of the mayor, which was not
repealed by the public acts of 1876. and
is therefore in force, as follows:
Sec. z. Be it further enacted, that
the mayor shall attend at his office at
such hours as the Board of Aldermen
shall Designate; he shall keep the seal
of the corporation, shall perform such
duties as are incident Or attached to
his office by virtue of any law or ordi-
nance of said city, and such other
duties Is, from time to time, shall be
prescribed by the Board of Aldermen
The mayor, when present, shall pre-
side at all meetings of the Board OF
Aldermen, and, when there is an equal
division upon any question, or in the
election Of officers Of the board, he
shall determine the matter by his vote;
he shall vote IN no other case, and
II he shall be absent, the board ShaI
appoint one of their number pro tenn
pore to exercise his duties at the
board. In case of the sickness of the
mayor, or his absence from the city
the Board of Aldermen shall appoint
n of their number to act as mayor
during h sickness or absence of the
mayor-elect."
The charter OF the city was amend.
ed February 20, 1891, by the enactment
of chapter 429, laws 1891, the first sec
ton of which reads as follows:
Section /. That section two (2) O
chapter one hundred and ninety-two OF
the acts of eighteen hundred ant
seventy-six n be amended b,
adding to the said section at the enc
thereof the following: That at thu
first meeting Of each board of alder
men elected under the provisions o.
his act they shall proceed to elect {
mayor 10 perform the duties now pre-
scribed by law for the mayor OF sait
city during the term of Office of sale
board; that h said mayor shall b
selected either from the members o
said board or from the electors of sal,
city al large. and shall be a duly quail