The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-02-15

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| 20 the charter Of said city. which defines
/ the powers conferred upon the MAYOR and
| ether officers provided for said city by said
| charter The portion OF the charter under
which this authority Is claimed Is found
| 10 section 10 Of said Instrument and reads
a. follows:
IN case OF 8 vacancy in any elective Of
nee, from whatever reason, the council
upon nomination by the mayor, shall hli
/ the vacancy by the selection Of some per-
son hy vote Of majority Of the alder.
men elected and qualified
~ can not be contcnded that this Ian.
guage In express terms confers upon tho
mayor me power without the concurrence
( pressed to make an appointment 10 an a
vacancy To an elective office, and we think
II equally clear tbat such authority can
be Implied from said language. Concedlns
Tor the sake Of argument that the intent
ana meaning Of the language used is iden
I!ogl with the provisions Of our state and
Federal constitutions comforting upou the
chlet executive the power 10 appoint cor.
tain officers by and with the advice ana
consent OF the senate" or providing that
the appointment snail be made BY tho
tNec9lnIiYe and confirmed by the senate"
u still fails to authorize the executive TO
make q temporary appointment In the re-
cess ~ the confirming or cOncurring body
The power to make such temporary appoint.
ments by the president or by the governor
~ expressly conferred either by the legis.
iuJlYc body or by the constitution itself
ana does not arise by implication from
the general power to make appointments
ny aud with the advice md consent of the
. senate. Constitution Art. ~ Sec 70 Art
l16e Revised IL. s. statutes
We think 1t is clear from the language of
tue CHARTER above quoted that the mayor
nae no authority TO nll a vacancy la an
elective office, and thar such authority Is
vested solely IN the city council The Sc.
lection OF the person TO III such vacancy
must be by the council which is composed
os ne mayor and board Of aldermen
neither can act in the matter independent
oi me other, aud 40 legal appointment,
temporary or Otherwise. can be made IN
less cOnrurred IN by both the mayor and
majority Of tue board OF aldermen The
nomination by the mayor s. only the initial
step iu making the appointment ana the
appointment becomes complete only when
''heluryd Ia py a majority of the alder.
mcu. Mechem on Public Officers Sec ia
ana Authorities there cited The fact that
iuc person selected must be nominated
uI tAt mayor depiiveS the aldermen OF the
power 20 select any one who Us not salts.
factory 40 the mayor, but e does NOT give
ile mayor power 20 make an appoin tment
without the concurrence of the aldcrmeu
10 violation of the plain provision Of tho
CHARTER But it is urged that upon the fail
uFt OF the mayor and board Of aldermen
u" agree upon suitable person the right
oi me mayor 10 make n temporary appoint.
mont would arise from public policy which
irQulreS thlt vacancy tn public office
should be ullrl. The public welfare or the
dictates OF sound public policy may often
properly influence courts In the decision VI
doubtful questions affecting the interests
~ tho public but can not authorize the
40 4fg... a
Va 'SSt" ol pam IeBiSianNe Command;
ES"' 1NF maEHtS' pu.HC POM! Is supsnLF el
~ ~ ,y."'Gl u tut cguIts 10 snACllon
nt s ,aro ~ puyHC oIlgcis Oh powers
"J, 5o'.y.i'" up"u l"eH ny law
j, Us ltHc 'het the law does not tay0r
,, n'aius "a Iltce ana the WeiLare Oh tue
StI4V''i ot hpu9tou uenauu' tA"l Tue Va,
Civ o T." iie out MAJ, % hyI'lI ouIef Oh sal4
~ H. 'T Ns,Nu' out tus v.'! Cou iit
ta gi INK y0can uTN "'""r 'n' IG,n li,t ~
ba,ing sn Tar feInJ "a nn.fI,i Iie'rsfI,g g'
AMI tbcr, beln5 sa Pu "a s5 5-i St'' o"{J'
brreut mover In tbs msyor ~ ",-i,o ~ s, ,t
apnninttncuf the office 1inst rer,ain 49,
until allied In tho manner nrescrIIsj NV ma
law. This is a depIorable condition ~ NJ
fairs and one which the Legislature evident.
ly did not contemplate Mould ever EXIST
cor provision for the Same would have bern
made IN the charter. We think appellants
first objection to the judgment OF the court
below Is valid ana must he sustained
The second objection, which Is in effect
that the action Of the council IN authoriz.
ing the appellant TO perform the duties Of
Acalth onlccr was legal, can not he suS.
tanned. Dr. Brumby Is Quo Of the health
Inspectors of the city OF Houston, an Of.
-, ''.iN'"''' - - $3.50 ~ VI, N,'t4 ~
the 0uice Of health Inspector and health