Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1903-11-28
THE THIRD DISTRICT.
Judge orders Special Election for MI.
nicipal Officers of silver City.

Judge orders Special Election for MI.
nieipal Officers of silver City,
On Saturday last, Judge Parker
handed down the decision in the
petition for mandamus brought by
James X. Brent and others against the
mayor and members OF the council OF
the town OF Silver City. TO compel the
holding of an annual election tor city
officials the court granting the prayer
Of the petitioners. says the lndepen-
dent.
The hearing was had at the council
chambers Friday evening, and argu-
ment was made by X. y. Barnes, Esq,
for the petitioners, and X. NJ. Turner,
as representing the city. The conten.
ton of the petitioners was to the
effect that the charter of the town
granted by the legislature in 1878 as
amended by the laws oil 1889. is the
law now in force in controlling cleo
lions in Silver City. These laws pro.
vide for the election OF mayor an.
nualy and two councilmen for a term
Of two years, Two members of the
council holding over from the proceed.
ing election. There having been no
election held In April OF this year,
petitioners claimed that the offices OF
mayor and two councilmen were va
cant by expiration of term, and that
the Appointment OF one councilman by
resolution OF the remaining members
of the body to mi the vacancy occa-
stoned by the death of the late Stefan
Uhli was void. The contention made
by Mr.. Turner on behalf of defentants
was that the law passed in 1893
amending the general municipal in
corporation act OF the territory and
authorizing the Milling of vacancies
arising in boards of city council by
resolution of remaining members, APP
piled to Silver City. Also that the
laws of the last legislative assembly,
extending the terms OF municipal Of
ficers for term OF two years and for
Two councilmen for a term of four
years. were ny their terms an amend.
ment OF the charter or Silver City, for
the reason they were specifically
drawn to apply to ali cities in the
territory, whether incorporated under
general or special acts.
Judge Parker hela that the town of
silver City was not a city within the
meaning of any OF The acts cited; that
the terms of the law of 1903 should be
held to apply solely to cities incorpo-
rated under the general incorporation
act. and that the words in the acts of
1903, applying the amended laws TO
the Silver City charter. were lnopera-
tive because Silver City was not
city"
The court also held that the method
of determining which members of the
council should be elected ior two years
and when for four years, under the
acts of 1903 could not apply TO local
conditions, since the method rested
upon a division OF the town into wards
and there were no sucn divisions
here
Judge Parker consequently directed
that peremptory writ OF mandamus
issue, directing the holding OF an cleo
ton for mayor and three councn-
men, one for term to expire in April
1904. and two in April, LOS. 70 take
the places of Councllmen Agee, Kelly
and Carvil.
Mr.. Turner gave notice of an appeal
To the supreme court OF the territory.
which will delay the final determine
ton Of the matter unil next January
NJ aartt.u.