Evening capital. (Annapolis, Md.) 1884-1910, 1903-07-24
SPECIAL MEETING COUNCIL.
THE DEADLOCK REMAINS
UNBROKEN.
Alderman Martin Still Holds
The Fort-The Eligibil-
ity of Mayor
tones.

Jones.
The City Council met in special sess-
ion last night by call of the Mayor.
Present-Mayor Jones, Counselor Riley.
Aldermen Martin. Strange, Williams.
Thompson. +. H.. Baer and Thompson,
T, A. The Mayor stated that the frs,
business in order was the report OF the
Counselor on the elig gIbllity OF the Mayor.
Counselor Riley submitted the following
report, which was adopted by the Board
and ordered spread on the minutes:
al respectfully submit the following
opinion upon the eligibility OF Samuel
Jones, duly elected and qualified as
Mayor OF Annapolis. the question being
raised by the report of the minority of
the committee of the City Council. ap-
pointed to canvas the returns of the cleo
ton held in the City of Annapolis on
July I3. 1903 This report was referred
to me as City Counselor for my opinion.
1.-THE eligibility of the incumbent is
questioned upon the ground that he was
tine last appointed Collector and Treas
urer OF the corporation; that he is for
hidden by law to resign that office; that
he must continue the duties Of the offi &c
until completed and consequently hollis
one Office and is Ineligible under the
Constitution of the State TO hold another
Office The right to hold the office is
further questioned upon the ground that
Section IL of the City Charter requires
the same qualification OF the Mayor OF
Annapolis as is required for a delegate
10 the General Assembly. These quest
ions will be separately discussed.
.Sec,ion 8 of Article 10 OF the City
Code cannot be construed TO prevent the
resignation Of the Office Of Collector and
Treasurer or the vacating of that Office
in any other way. Indeed, the very sec
ton, by imposing duties upon Collector
and Treasurer after the qualification OF
his successor, clearly indicates that the
law contemplates change in the Office
and merely imposes certain duties upon
the former Collector and Treasurer until
all the taxes fer which he is responsible
are collected. The imposition of this
duty could not be called the possession
uf an Office. II that were so and as all
the taxes levied for a fiscal year are
never collected during that year, as soon
as a new Collector and Treasurer should
be elected and qualified there would be
two persons filling the same Office. which
OF course, could not be the case. The
law merely imposes cersain obligations
and duties upon a late Collector and
treasurer until all the taxes with which
he is charged are collected, but nothing
else. IL would be forced construction
hold that he was still in cffice until
is last return was made.
There being no legal bar to the
holder OF the cffice OF Collector and
Treasurer vacating that Office the quest
ion arises as to the fact OF the vacating
. fsuch Office. Article IS of the Consti-
tuition OF Maryland holds that "no person
shall hold, at one and the same time.
more than one Office of profit, created by
he Constitution and La VS. Of this State.
1t is the settled law that person occu-
pying one Office accepts another incom-
patible with II, the first Is vacated without
any other act or proceeding. II there
fore follows that the eligibility OF Mr..
Jones as Mayor of Annapolis cannot be
successfully disputed on this ground.
"There is another objection TO his
eligibility, however. Section II of the
City Charter holds that the qualifications
of the Mayor shall be the same as
that of delegate to the General Assem-
bly,. The only ground upon which il il
suggested that Mr.. Jones does not meas
ure up to these qualifications Is based
upon Section IL, Article 3, OF the Con-
stituiion, which is as follows mo col
lector, receiver or holder OF public money
shall be eligible as Senator or Delegate
or to any Office Of profit or trust under
this State, until he shall have accounted
and paid into the treasury all sums on the
books thereof charged to and due by him.
apparently it is the State Treasury
which is meant by this section and it i.
State funds to which It has reference
However, there Is palmer and stronger
consideration which controls my opinion
on this phase OF The question. The eligi-
bility of tEe Mayor and other public off,
cials, of which the same qualification
are required. can only be attacked undel
this section upon the ground that he hal
not accounted for and paid into ths
treasury all sums charged to and due b
| linn. Now II is not claimed that MIR
| Jones mas any sum WolCn nc mas COitcCget
and not paid over to the proper authori-
ties, SO that II is perfectly plain propo-
sition that there are now no sums due b.
him. He is charged with the duty O
collecting and turning over to his sue
cessor in Office all unpaid taxes and Their
are no sums due by him as long as b,
does this with reasonable promptness.
"My opinion Is, therefore, that Mr.
Samuel Jones Is eligible to I'LL the ofic'
Of Mayor of Annapolis.
Respectfully,
HUGH K. RILEY,
City Counselor Of Annapolis.
Counselor Riley moved that the Boar'
| on into the election of CITY Clerk. whicI