The Providence news. (Providence [R.I.]) 1891-1906, 1903-08-04

VISIONS TO FILL THAT VACANCY.
The brief In part is as follows:
ITO the Honorable Supreme Court:
In the matter OF the application OF the
lgovernor OF the state for an opinion rela-
tive 10 the manner I'm which a vacancy
now existing an the office OF commission
er of public works OF the city OF Provi-
dsnce should be filed. recognizing that
you will have before you the opinion OF
rthe city solicitor OF Providence hereto
fore given to me. may I be allowed 10
state briefly my views upon the question.
IT cannot agree with the city solicitor
I'm his finding that the method OF filling
said vacancy is by election by the city
council In Joint convention since he
fbases that finding upon clause 10 of sec
itson * OF tho charter OF the city Of
Providence passed by the general assem-
bly of Rhode Island. March s. 1866"
i ask your honors consideration Of
Fthat act of 1865. and also OF the several
sacts amending the city charter whereby
q board of public works was created for
the city OF Providence, and subsequently
that board was abolished and tho Office
bof commissioner of pu'bEc works created.
Section TX OF the charter OF 1865 pro-
F'NbucS the powers OF the CITY cOunCtl.
1T provides for the appointmtnt and |
rejection OF officers by the city council" |
Clause TO- They shall also have power |
no MI all vacancies, arising from any |
cause, In any municipal offices of said
city, except those Of mayor. aldermen and \
common councilmen. until the next regu-
par election of such officers
i here call the attention of the Court /
to the fact that the mayor. aldermen, and /
common councilmen. the only exceptions \
70 that provision. held their offices for
two years. under that act, Section XIII.
ELECTED ANNUALLY.
! submit to your Honors that by these
provisions OF the act OF 1866
/. All city officers therein referred 10
rwere TO be elected annually.
z. That all vacancies. therein referred
10. were to be supplied for the current
municipal year.
3. That the vacancies referred TO In
clause 10 OF Section TX upon which the
city solicitor relies. which the city coun-
scil was empowered TO fll were only va
whereof were elected annually. and the
Vacancies In which were 10 be supplied
Efor the balance Of the municipal year for
which. the officers had originally been
yelected. Under clause 4. the officers elect
ed by the city council were not only 10 he
be denea by tba boSy anu ss WSTe
lagraph referring 10 the officers whicn
might be appointed 70 carry into execu-
hfon the powers or laws OF said city, re-
6erred to the creation OF new officers. not
no the filling OF vacancies
After referring TO the department OF
public works and speaking OF the days
when their commissioners administered
the affairs he referred 10 the more recent
naws. II
BOARD ABOLISHED.
by Chapter 677. passed March %, 1885,
ythe board OF public works was abolished.
and II was provided that a commissioner
OF public works should be elected by the
lcity council by concurrent vote OF tho two
branches thereof. to hold office for such
term as the city council may determine"
and this act provides that the city coun-
ell may Ill by election in manner afore-
said any vacancy that may occur in said
.ofrice.'
On May l. 1890 that act was amended
<Chapter s6e) continuing the office OF COM
missioner OF public works but providing
that the mayor OF the city of Providence
should appoint such commissioner, which
appointment shall be approved by the
board OF aldermen OF said city" the term
OF offioe being the period OF three years
from the first Monday OF March follow
ing his appointment and until his success
sor IL appointed and qualified"
The evident purpose OF that act (Chap-
ter S69) was that the city council should |
no longer have tho power 20 elect a COM
missioner OF public works for the city OF
Providence. but that he should be ap-
pointed by the mayor. and that the city a
engineer, who Heretofore had been elect :
ed by the common council henceforth
should be an officer appointed by the q
mayors appointed commissioner OF pub q
nc works, thereby taking completely from I
The city council the power which n there i
tofore had exercised over said DEPART
1nent. ?
VACANCIES NOT PROVIDED FOR. !,
This act made no provisions for the q
nlling OF vacancies IN said office OF com
missioner OF public works. and now the
question comes. IN view Of those circurn
stances. whether the will OF the citizens
OF Providence heretofore expressed nv
those certain and definite legislative en-
actments, iE 20 be set aside and the power
OF election 20 said office again plsces In
the city council.
IL ts true that ir that act pianed thara
was an omission Of any provision 10 an ?
vacancies Such mistakes have occurred
IN the passage OF acts By ell legislative
bodice from tine immemorial and oc- a
cUx1ed previously In regard 10 this de- a
partment. Chapter 4u but 70 IL absurd TO
think that our legislators did not make
provision IN this act for the filling OF va I
cfncies because they knew Of clause ID :
OF Section Of the act of 1866, and felt 7
that the provisions Of that clause were e
srrple 90 provide for any such emergency. q
II n 20 be presumed that the general
arsennbly's intent IN the passage Of Chap v
ter so wss 90 make such futile attempt q
10 take the power frim the city council q
~ % leave that body n the position that '
u might regain II by such a very possible y
Ind not improhahiy spsedy happeneang az a