Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-12-12
ANOTHER VACANT SEAT
ALDERMEN TO BE FILLED.
CANDIDATES NOW lN ORDER.
c,,,-ittorncr I'oI1ard's Opinion De-
cIarcs II irso Fact" Vacated by
,hc ,ct Of folding an once Under
snd Receiving Emo'nmcnt- from
United states Government

tf meeting Of the Board Of Alder
me- lacsaay night. IN compliance WITH
~ eaesr of Mr.. NJ. Phil Seay. of Clay
,rr-F made in speaking to q question
~ personal privilege" President Tur-
~ sogainted a committee of three com
,oess II Mcssrs. Sattcrneld. Gunst. and
r q confer with City-Attorney
so-3. aud make 4 report al the next
mi, IF Tie Board as to his (Mr
~ eligibility to his seat in The body,
The fact that he is in charge
q, ss31- post-oficc station o: the United
:. Government. and a question as to
H. aEst "a remain on the Board had
'sa gsested.
Trs onmittec in the case has not Yet
49, eel nor has the City Attorney
hr Geially notified of the duty imposed
n MN blt il is aDprehended that there
ae hut one answer to Mr.. Seay's
gassr5n and The report will be more
,a-saaI III character than novel when il
FmsG The question has already been
. Sd connection with the case OF
s- Blanks Of the Common Council. who.
conceded, was in idcntically III,
,u rsltion with A:r. Seay. the objection
l5.a eases being thar they are in
-ss at sub-pcst-ofiices OF the United
states Government, At the request OF
s R'.aTs the question was submitted TO
ha C Attorney for solution in refer
himself IN compliance with the
fa 5H ot the Council. City-Attorney
F- rendered the following decision,
WFs-a sun holds good:
.l-E- ATTORNEYS OPINION
mpHanye with your direction.
b TO sly that it is provided by tie
sisrsrs aw Of this State as follows:
5rstne Office Under United States-No
re1H shall be capable Of holding Office
81 sg mentioned in the preceding sec
,al who holds any Office or post of
PROFIT, trust or e.nolument. civil or mill
fa-s legislative. executive or judicial.
-rse- rhc government OF the United
STATES or who is III The employment of
eE government or who receives from
a-E way any emolument whatever:
rHd lie acceptance OF such office. post.
t-asr or emolG -leGt. or the acceptance
al aLg eElolument whatever under such
$50 afE1nent, shaL. ipso facto. Nacate any
otaee lr post of profit. trust or emolu-
men, under the government Of this Com
n0wealth. or under any county, city. or
iowa thereof Code Of Virginia, 1887,
Chapter NII.. section 16S.
THa offices mentioned in preceding
sect comprehend practically every
7z, under the State. city, or county
ragtrn.ueuts. certainly includes members
II Tie City Councils of the civ OF Rich
mend which are spoken of in the charter
isl rhe city as holding office under the
5rt government. From which it follows
-aa. Inc determination OF the question
EhaJher person in charge Of q post
.llea sub-station, under the United States
some rtaent is IAN officer of that gov
sraeft or holds . post of trust or
l lnout under that government. or is
'.a employment of such government
w receives from it i'll any way any emol-
mt whatever. The last inquiry is OF
PAY 500 ANNUALLY,
actions go and 231 OF the Postal Laws
me United States provide for the
sta blishmtEt in certain cities and towns
stations and sub stations and by the
hitter section, ii is expressly provided
HAT STATIONS and sUb-stations are part
70. the post-oftice with which they are
u-neGieG and VIII he governed by the
,a-'aI laws and regulations, and by such
as tire postmaster may prescribe
rs, Inconsistent herewith" Under the
-.ra-f-,5rS Of these two sections and the
as REGULATIONS established in pur-
9a.ee thereof the sub-stauons are
a5 Il The hands Of a suitable person
tied Tor the purpose to whom stated
.aasH- satipE is made OF not less IMAM
#s .nuaIly and who is required to glN:e
r--a --fth ample security. for the faltl:
a' discharge of his duties and the talth-
-EI ad,uiuislration OF Tire postal laws;
a ;5 account for all money received
Is. rim On account Of the government for
fs sale III stamps issuance OF postai or
..r. ado III is therefore. clear That
sg.n "a person so employed and put III
-a- III !. substitution. holds post OF
,trr.s sr ,noluFnent under the govern
mart tr IS in the employment OF such
rnrIGpt and receives from it 'amoiu-
VOID AB INITIo.
I-. ..fay- OF these provisions of the
s.erHtte law Of the Federal Governments
ma III the state of Virginia. am, tne!+-
fora clearly Of opinion that any l'sls t,,l
IS ineligible to service as member OF the
Common Council of the city OF fslch-
-7-E VINO is daily app"iDi'd hT re
a-aj Government and put in charge OF