The times. [volume] (Richmond, Va.) 1890-1903, 1902-09-16
TWO COURC|LMEN
May Be RETIRED.
City attorney Will Be Asked for
Opinion as to Their Seats.
FULTON FREE D'spENsARY.
2. |. Harrison's Drug Store Designated
After Reading OF Opinion of Mr..
POLLARD That There was NO Pro-
hlbition-No Officers.
FULTON FREE D'spENsARY

AS a result of an opinion which was
last night submitted by City Attorney
Pollard 10 the Committee ON the Relief
pf tho Poor in regard 10 the eligibility
pf r. L. Harrison, a Fulton druggist
who operates & sub-postoffice station. to
pc selected to conduct free dispensary
In connection with his drug store, it is
more than probable that an effort will
De made at the next meeting of Council
10 have Alderman NJ. Fill Seay and Coun-
gilman j. n. Blanks retire. Many of those
who heard the opinion Of Mr.. Pollard are
srIn in their belief that under the law
i is Illegal for either OF the gentlemen to
continue to serve the city. inasmuch
rs both are at present conducting post
pttlcc sub-stations.
While 1t cannot be positively stated that
puch action will be taken at the next
meeting of Council it is altogether like
y that the City Attorney will be called
a?on Tor an expression OF his opinion
pn the legality of their retaining seats
in Council the opinion offered by him
III the meeting last night not bearing
:irecty on their cases.
In the opinion in regard to the placing
Of the Fulton dispensary Mr.. Pollard
held that even though Mr.. Harrison was
EEnDIOyeQ py the SOF ~ SotiNHS'
; sub-station, he WAS eligible to be ap-
pointed. inasmuch as such position did
not come under the head of the law
governing such matters He holds that
IN conducting the free dispensary, Har-
rison would be an cmploye and not an
official of the city, having no stipulated
term of office.
THE o4,4NpoN FOLLOWS.
I am in receipt OF a communication
from your clerk. under date OF August
30. 1892. requesting me to ad,Fise you
whether You can select a person TO Ill
the position and establish at his drug
store city free dispensary, If the said
person now holds an Office under the
United States government.
In response to which. have TO say that
1t is provided by section l63 OF the Code
of Virginia OF 1887 that no person shall
be capable of holding any Office or post
Of honor. profit or trust under the Con-
stitution Of Virginia who holds any office
pr post Of profit. trust or emolument civil
or military, legislative. executive or ju-
dcal. under the government Of the
United States or who is in the employ
mcnt of such government. or who re-
ceives from it in any way any ernolument
whatsoever. From which il appears that
no person holding United States office
can legally hold a State or municipal
office.
The proper determination Of your ques-
ton, therefore, turns upon the fact
whether or not the person selected by
you. under section 26 of chapter SO OF the
city Co4e. 10 i'll the position of keeper of
free dispensary, is a city or municipal
pfiicer II he be such an officer, then the
holding Of United States Office would
prevent his holding the position iof keeper
OF the dispensary. If, however, such q po-
,ttion is not an office, then the prohibition
does not apply, and person. though
holding a United States office, may be ap-
pointed such keeper.
NOT AN OFFICER.
An officer is one who is defined by the
law books to be one who is legally in
vested with a public Charge or employ
ment. the term embracing the idea Of
prescribed tenure, duration, emolument
Ind duties. and has respect to permanent
rather than transient employment. That
Is, there must be some law creating the
office. fixing the term and compensation
and expressly providing for its duties and
responsibilities.
In my opinion. the ordinance creating
the free dispeGsary and providing for the
selection and location of the same, by
you as a committee. does not measure UP
to the requirements n A.essary in order to
constitute the keeper OF the dispensary
& city oIHcer. Sucn person IL III iI4e Catc-
CORY Of a mere employe of the city. His
term Is not fixed. his duties are not de-
fined, and lis qualifications not provided
for. The ordinance merely authorized you
to select and locate free dispcnsaries. The
power Of naming the person in charge is
no. :. pres. b merely inferentiai.
I am, therefore. of the opinion that
there is no prohibition which prevents
your body from selecting and locating a
free dispensary at the store OF a person
who holds office under the United States
government, or to prevent you from nam
ing such person the keeper OF such dis
pensary.
Very respectfully.