Evening capital. (Annapolis, Md.) 1884-1910, 1902-04-18
MEETING OF THE CITY COUNCIL.
A QUESTION OF LEGALITY
OF ACTION.
The Opinion of Counsellor Claude On The
Action Of The BOard-The Clerk
Directed Not To Record
The Minutaa


The Board OF Aldermen meet at the
Council Chamber every Thursday alter
noon from 4 20 o'clock for the transfer
OF property. AT the meeting yesterday
there was present the Mai or. Aldermen
Henkel. Marcy, Tn mpson. X. H.. FIELD.
meyer and Williams. Counsellor Claude
and Alderman T. A. Thompson we're
absent, being out OF The city.
Alderman Williams moved that the
Board take up other business. which was
opposed by The Mayor upon the ground
that as this meeting had been called Tor
this specific purpose, and as members
we're absent !, wou be unjust and unfair
to those absent TO legisiaIe upon any
met Tor. Alderman Henkels supported the
Mayor in his views. The motion TO take
up other business was carried.
The Mayor stated that while some Of
the measures proposed he was in favor
Of but believing that the Board had no
right to take up any other matters, he
would have to oppose all and every
matter that was proposed and did SO.
as did also Alderman Henkel. Several
orders passed at the last meeting were
then rescinded and some orders passed.
The Mayor, believing that the whole
action OF the Board was illegal, placed
the matter before the Counsellor on his
return from Baltimore. where he was at
tending the United States Court.
The Counsellor gave his opinion in
the matter, stating that the action OF the
Board was illegal After consulting other
legal advice the Mayor ordered the Clerk
not to enter any OF the proceedings upon
the journal. declaring the action of the
Board to have been illegal. The Mayor
stated that although there may have
been prectd dents Tor the action Of the
Board. he is not governed by precedents,
but by what he fads out to be right and
just and legal. The following is the opin-
ion of Counsellor Claude
Annapolis. Md. April ", 1907.
Hon. Chas. A. Dubois, Mayor.
Dear Sir lit is my legal opinion that
the action OF the members of the Corpor-
alton, taken at so.called special session
II that body this afternoon. was totally
without authority in law and in absolute
conflict with the provisions Of Section ;
Of the City Charter.
An examination OF Section I3 OF the
City Charter will disclose the fact that it
is exclusively the prerogatiye OF the
Mayor to convene the Corporation in
special session "whenever and as often
as it may appear to him that the inter
es;s OF the city require their delibera-
tions," &c and inasmuch as the meet
ing in question was not called or con-
vened by youi honor 1.-THE Mayor in
conformity with the provision OF Section
I3 OF the charter, therefore, all action
taken and all things done and acts per-
formed are, and must of necessity, be
absolutely null and void alb initio.
Uldsr the circumstances the Clerk
should be instructed not to record the
minutes of this null and void meeting in
The record books Of the proceedings Of
the Corporation. Ii is with great regret
that | fad it necessary to give your
Honor this advice, but | deem it my
duty 10 do SO. in order that immediate
steps may be taken to prevent an irre-
parable injury being visited upon the
people Of this city.
Very truly yours,
w. HALLAM CLAUDE,
City Counsellor.