The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-04
MAYOR MILLER'S MESSAGE.
Continued from page Three.


same fate that was accorded to the other
measures which were introduced for the
benefit OF the city OF Providence. the po-
lice commission act and the act 10 AFFORD
us equitable taxation.
II a chsrgess 10 be made In the manage
ment and control of our public schools
and board OF education is 10 suppant
our school committee il should be elected
in accordance with the provisions OF that
proposed act, unless appointed by the
mayor. az was provided in the draft OF
the proposed new city charter, TO which
| have herein referred.
II is doubtless unquestionable that a
board of FIVE competent citizens could con-
duct the affairs OF the schools more salts
factorily and with greater saving In eS-
pense 10 the city OF Providence than the
present school committee.
CITY MESSENGER.
Sincere sorrow was felt in this com
munity when Il was learned near the close
OF the last municipal year that Mr. I'd
ward s. Rhodes, who had held the office
OF city messenger and city sergeant con-
tinuously from June, 1851 had departed
this life.
He was n public servant who was al
WAYS faithful and conscientious In his
service rendered TO the city. and by his
had made himself beloved by all with
whom he came In contact. His presence
al the city hall will be greatly missed by
those who were accustomed daily to
meet him here, active in the performance
OF his many duties. and his memory will
long cherished by the many friends he
had made during his long years OF service.
Provision was made by the city council
for the continuation OF the duties OF his
office until the end OF the municipal year
by his efficient assistant who had been
for more than ten years in the office.
NEW CITY CHARTER
The charter OF the city OF Providence
was adopted I'm 1866 when the estimated
populate OF Providence was about 5000,
while today Il Is a large and rapidly
growing city with a population estimated
to exceed 10000.
A casual examination OF this charter as
Il appears today will show the great
number OF amendments TO IL which have
been made by the general assembly since
1866 TO the present time. frequently sever
al In the same year, and how defective
SO. e Of those amendments are was shown
during the past year. when the vacancy
occurred in the office OF the commissioner
OF public works, to which previously
have referred.
The charter OF 1866 provided i'm Section
TX, "Of the city council and their pow
ers." Clause 8, that unless by the act
different term OF office was provided for,
ali officers OF the city should be elected
annually, and that all vacancies. unless
therein otherwise directed. should be sup
piled for the current municipal year, and
in clause 10 OF the same section, that the
city council should have power TO fiIl all
vacancies. arising from any cause, In any
OF the municipal offices OF the city, ex-
t1.z.
mon councilmen, until the next regular
election OF such offices.
II these provisions OF the charter OF
1866. as to the powers OF the city council
to elect city officers and TO fill vacancies
arising I'm their offices be considered I'm
connection with chapter $50 OF the Public
Laws. an Act In amendment OF the
charter. passed by the general assembly
twenty-four years subsequent thereto,
which authorized the mayor 10 appoint a
commissioner OF public works for three
years but made no provision for filling
any vacancy In said office. recognizing
that the unquestioned purpose OF the
amending act was 10 take completely
from the city council the power which
heretofore IL has exercised over the de-
partment OF public works, including the
city engineering department, Il being pro-
vided by said amending act that the city
engineer who hitherto had been elected
by tho city council thenceforth should be
appointed by the mayors appointed COM
missioner OF public works. and recogniz-
ing also that the general rules OF law
concerning the Interpretation OF legisla-
tive acts provide that I'm constituting n
statute. IL possible. the ascertained will
OF the legislature should be carried out
and that the later statute. the evident In
tention OF which is TO furnish the exclu-
sive rule governing n certain case. repeals
all other laws on the same subject. and
that the power 60 appoint to an office In
cludes by implication the power 10 ill
vacancy In II and all the necessary au-
thority 10 carry out the original power
and prevent its becoming imperative. all
this being considered and the questions
being whether the vacancy should be
nlled by appointment BY the mayor IN ac-
cordance with the intent Of the amending
act, or whether the provisions made I'm