The free lance. (Fredericksburg, Va.) 1885-1926, 1904-09-03

"The Mayor shall, in case 0i tie, give the
casting vote upon all quertions t0 be dt-
termihed by the Council" and the ques
ton submit is, Co what extent has this
been repealed, either by the New ConstI-
tuition or by subsequent legislation
! lt has not. IN terms, been repealed by
either. Let III see whether II has been
repealed 10y implication.
BY the New Consultation the Mayor
has been given the veto power IN case
only of every ordinance and every Tesu
luton having the effect oi AN ORDINANCE,
passed by the Common Council, and II In
| plain that the veto power, being IA
greater power and including the 'rHat'
ing vote power. 10 the extent that the
veto powerraiata. but veto power X only
given m case uf nm ordinance and ffrO-
| luton in the nature Of mn ordinance 'hnu
IN not given ia that large class of other
questions that may be voted on by the
Common Council, such as election Of "a
necessary presiding officer and other ulIi
GERS, etc
IL would seem that In all thi class Z
questions (as the law provides TINT the
| Mayor shall have the casting vote upon
all questiOns" In ease OF tl,) that the
right of the Mayor still 90 give the east
| ing vote remains and that the statute
has not been repealed to that extent by
the giving u. the veto power.
There il another confederation sub
nit. The new Constitution provides Tor
the election Of presiding officer who ls
"A member Of the BODY Rnd where power
In limited to presiding over the Council,
40 that in case of tie vote, there could
| toe no election Of any Of the ulhrprs ui
the city, and in fact no organization oi
the Council, unless the power 70 Geri0 q
sriIl remains with the Mayor.
! But il may toe argued that the fact
that the Mayor IL no longer the prtHld
ing officer, hiH power 70 give the casting
vote IL 10y Implication thhen away.
/ submit in reply that this Is not Il
legitimate implication. The power l.
given sp cihcaIy by the Legislature. II
| IL q necessary power to be- fepnsed some
where. and where better could 1t hr r.
posed than with the Chief Executive cd
/ the CITY
Under the law anterior To the ness
/ Constitution R0OliHhing County JudTrr
the County Judge gave the casting vote
when there wna II Tie in the Board '
/ Supervisors although he was never pres
ent at its meetings; and now the tom
monwcalth'H Attorney, although only
required to be present when claims are
made against the county, II empowered
| 10 give the casting vote on all questions
whether he is present or not; la neither
OF these cases did the County Judge, un'
der the old system, or does the Common
wealth'S Attorney, under the new sys-
tenn, preside At the meeting of the Board
OF Supervisors.
IL would seem therefore. when a neces.
sary power of the casting vote II ex-
pressly given by an act oithe Legislature
that the mere fact that the official who
IL to execute the power il not the presid-
ing officer Of the body does not destroy
the power. and il would seem 10 be his
duty to exercise H. la the performance
Of my sworn obligation, therefore gave
the casting vote for Col. + b. Cole for
President of the Council. and deem il due
to you to give you my reasons therefor
Very respectfully,
Thop +. Wallace, Mayor.