The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-08-16
The NORFOLK.
RING / WINS.
Judge Prentis Decides il, Favor
Of the Old
Council.
WILL W GO j o 5 u PREM ( COURT
WILL y 1. u. J. GO 3 TO j 5 U PREME COURT,
Commissioners Recognized Will.
Not Undertake Their Duties
Until Court Passes Question. Il

Until Court Passes Question.
" Especial Is The Times Dlspatch.)
sUFFo blk, VA. August Is. Charlie III.
n ,Consolvo u rtghtfully d member or the
select council Of Norfolk, Va. Robert
w. shultice and Leon Wood are legally
( the police commissioners In the same
town. 5 IS,
This Is the meaning OF decision dc.
\ livered here this afternoon BY Circuit
Judge Robert b. Prentis, concluding
lengthy arguments by three astutc at
Il ( torncys--one for Mayor Riddlck, good
government, and the Tx IS two Tor the
4 ring or anti-ndministration.
incidentally the decision. unless IL be
!! reversed by the Supreme Court, where this
matter VIII be taken. means q grea many
points in favor OF United States Senator
8 T.. s. Martin, Hon. u Claude a. Swanson
Il and Jimmie Trehy
The decision Is one OF the. most vitaI
and farrreaching as touching Norfolk's
4 government that has come up TO the
courts for quite while, Il Il
S1 WORK OF THD OLD COUNCIL. X Il
The police commissioners said by The
court to be the right ones, were elected
q by the present or old council. They are
ring men. The ring has d tnajority now.
Il When the new councils come In In Sep
tember the good government foiks will
q have a majority. BY the naming OF two
commissioners In July thu ring persons
IL grabbed control OF the police force for
q two years, and forestalled III the action
a OF the new or incoming council. Whose
fractional complex ION iis 5sii ghtl " dill ferents
When the question It day came up be-
& fore Judge Prentis, ting In g b aInbers..
n William Leigh 4, wa llianns e was Their, as
\ legal representa tive Tor Mayor James ~.
a Rlddick. whose action, howe wa 3
4 brougi not as Nayors hut as citizen
Il and tax payer. tsss NJ
a Judge ID II Tucker Brooke and NJ lter
VI Henry Taylor were lawyers for I he hin
for Charlie {ConsolYo and for Police Com
a rnisstoners ShuIticeg and Wood.
~ n y III; & IST$ OF II He CASE.
Fl iere arc the points enbrac ed In Jud ge3
X Prentis'; decision. which was delivered
Z without delay,fand Immediately after the
last lawyer had finished arguing:
!. r i seems \ to me we are all agreed on
the general principles OF lawN touching
4: this case. However 4 important II may he.
\ there are only a few principi les Of law In
II volyed M The Gaze Is dependent only upon
Two or three simple statutes. and "a few,
L Lttar:tnces OF the nstitutIonal8c onycn-jj
4 tioli. t3s s
The first question IS as to Mr. Con-
n solyo'a eiectio as q select ncilman.s
: i think that Mr.. Consoiyo was legally
elected n member or tho Council think
~ ~ the law quoted by attorneys inquest ton
ably ialers to salaried officera. and does
& not debir the Councils from adding a.
Al member to- their own number
Tie purpose OF he statutes referred
to, prey entIDg a councilman from being
elected by his associates within IA year;
"a after his resi- gnat lon, was y to prevent
Fl councilnien from using undue in fluence5
81 on 4, their achievement ers in y acquiring
i salarIed pln ces--to keep the Councils clean
and above suspicion, d boye tempt ton.
u ALREADY ELECTED. ANA
III ~ sonsolyo q READY had been elected
to the Council by a vote 8of the poo
Ii pie, and he was under n Q tempt ton 10
n lobby or use undue Influence with his ass
4 s,ciatec ii aspiring to a posi- lon on the
II Council from a dlf ferert ward
4 The Constitution refers to the coua-
q ellis az a whole-tile two branches Il Mr.
Consolvo was not elected by he ~ HoS
branchee Of the Council; but by the se-
elected. IN NJ 5 5ls s55S
It is not necessary 10 discuss VIII her
& he were a. de foco or de jure Officer
but i think he WAS a de jureg icer. q
1 IL ss'.As To the police commisslo ners. 4 think
+ tic Council had d right to elect them
II in July. It Is not question Of their
propriely In so doing. but Swhet Their they.
exceeded their power. Section So OF the
y city charter says 1 hey must do this very
thing at the first meeting IN JULY 4 .ss
The Law En- phatic.
4 Il II hope i haven II the mind to stick 4 ny
Il the letter rather han the reason sof the
y law. here Is al cardi nal rule 70 look 3nt
#the language Of the statutes, and II y
n bc3 plain and direct lee is to no absurd
e results and nothing to- shock common
d sense. II a coDstruc ion of the law does
Il none of these things. We have no use. to
u go further. Courts have, /, 9 lght to $takc
4 plain language and construe 1t out OF
& existence. sF5 3i ssss ;is8g
lfs,.rhe Constitutional Convention says
4 the terms of officers expire as the char
4 tiers direct. Two sessions Of the Leglsla-
ture have been held. This emergency
should have been q rcseen.t but no pro-
vision was made for It, Ny construction
" OF the law is that the term OF the old
commissioners expired on July LIST. and
that theS Old council. whose term has
4 been extended until Septem Der. had the
y right to name their successors.
Il This court decides that the law says
the old commissl oners were elected for
two years not two yea rs and two months.
The statute reads that their terms 30
from July to July, "a n a
II hold, therefore, that the term Of the
old board Il of police CON mis- loners en-
PRED lin July; that the council did not
exceed its, authority. n In naming Messrs.
II Wood and shultice, and "A am PREPARED
tc
The case viii be carried to the Supreme
Court OF Appeals for! final adjudica ton,
n which side won to-da Attorney IL
sliams, representing Mr., Riddlck, already
II had some M ners looking to appeal dra VII