The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1905-11-30
PORTER SEATED n
MAYOR WILLIAMS


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Grind
The Mayprs Opinion.
Mlnvu williams n1G1iiH 10 given
hcrnwift
IN aeturuultF xihHlhns az 1ni A.
ainutiu1 hE1 tsar hetH ny the rlu
uuuurH. ap on tho Vacancy tr tina
rnunril. rnnabE by rbg rnEirruan &C
enc rsumbr- 1rum fbs F1stl xE-t =
in nsre0Hnry ~ dnta-nlkna. CORRECTLY.
4wp questions. FfrEt. u-hIf cuuE.s.
rutef 6 mE5u-itr IL thb members &c
T enc council SerBnd, Dit Nr- ErTnr
Yscasvt the vUte uf majority ff the
maElberF 81 ne city p1zDcHEg
section sGk, paragraph y 81 The
Code q 1857. TrpF16af ennf In sElecz,
7 ing peTE1nH 70 I'll vhcnncieEs h 0ffpeF
no. flisl hv election by Inc cDuucz.
b Shall vote by ballot ind rhs pe-BCa
receiving majority Of the woes uf
Cos whole number Oi members shall
be declared elected 70 M gueh "a,
cEucy.
section 1z41 81 the Code 81 1897
provided that IN al cases a vacancies
~ elected city Ofhci1lg, that n the va.
carcy occurred leBE tan sixty dayE
from q regular election, the yaeancY
should be filed By On appointment a
the council II the vacancy occurred
more tnEn 60 days. then a special elee-
BOD Ehall be called In no event
however, under this section could y
mar be appointed 10 on vacancy IN
tie city council Gnch q vacancy
must be flied By a special election
The Thirtieth General Assemble. how.
ever, amended that section BY proyid.
ing that all vacancies, including that
II councilman, shall be filed BY 40.
DOintment Of the city council. Said
appointse holding MS once until t-e
next general election. So that in no
event could special election be cali
ed.
at IL the nemberEhIp Of the
cCuHeii az now contributed?
Can any one say that there are
more than nine members.
~ there are ten members. VINO N
the tenth member? And how can ne
vote?
ITO say that there are more IAN
nine members now constituting the
council, would be TO state an absurd,
ity.
Can a majority Of nine members
elect?
"The statute says mat the vacancy
can be filled by q majority Of tie
whole number Of members. The
Whole number Of members Is nine ami
that Ave Of that number casting their
votes for one person. elects mat per.
son, ~ 70 me proposition too plain
for geriOus dispute. I am sustained
IN this proposition ~ the decision Of
distinguished member Of the repub
Iican party, that ought 10 bring con.
elusive conviction, 10 my republican
friends, upon this council. The con-
stltution Of the United States provides
that quorum OF the house OF repre-,
scntatIyeg consists Of a majority OF
the members Of the House, and that
no business can be done by less than
a quorum, except 70 adjourn. Az me
time Of his decision there were 1876
iBepberg in session; FIVE members OF
me House had died. II those five
members were counted In making up
tie membership Of tho House, then
there was not a quorum present. II
they were not counted, then 1876 mem.
bers constitute a quorum and a ma.
jortty Of all inc members OF the
House. Speaker Reed decided that
when the Constitution spoke OF q ma,
jority Of the members Of tho House
~ meant the majority Of those nvlng
and at that time members Of the
Home, and that II did not mean ma
jority of all those elected 70 the
House. TO have decided otherwise
would have been equivalent 70 having
paraIyzed the whole business OF con.
Eress,
Nannn0aA IA the Gaze roy before ua