The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1905-10-31
LAW IS PERTlNENTLY STATED
These Important Officers With Theft
Large Preyogatives Something More
Than Mere Ministerial Agents.
Some New Ideas Worth Digesting


flee of a Police Commissioner appoint
ed to ill vacancy, have filed thei
joint opinion, but it is too elaborate I,
print in full The question submittct
TO them was does such appointee hold
until the next general election,
or does he hold for the full unexpired
term of the Commissioner whose OF,
flee he was appointed to fllss These at
torneys hold, that the appointee holds
the full unexpired term, that his term
of Office does not expire at the next
election. The reason for this, As grave.
ly announced by these learned gentle.
men is, that the Police Commissioners
are not Officers" of the City of Astoria.
1t was necessary to so hold, for ii they
are officers. then the term of office of
an appointee expires at the next gener.
al election.
In the light of the charter this hold
ing il ind1en remarkable. Centuries
ago, only certain class of individuals,
who We're supposed TO be most pro-
found, were permitted to read or inter.
pref the laws, and in those good old
times the common people got it in the
neck; now things are different. The
ordinary layman has an equal right
he is not bound TO swallow every state.
ment simply because some learned in,
dividual says II is so written. Copied
below, for the benefit Of readers of this
paper are all the provisions Of the City
Charter that refer to the question at
issue, so they may read, and therefore
understand.
In the first place II must be under.
stood that the legislative assembly at
its session of 1890 repealed all former
city charters Of Astoria. and enacted in
one bill, complete city charter, and Il
is under this same charter, with few
amendments, none however touching the
present question, that the city is now
being governed. This act comprises see.
tiops numbered from one to. and in
elusive of 10, and of course, every sec
tion is part of the act.
Sec. ii of this act provides. There
shall be general election in the City
Of Astoria on the second Wednesday
in December, annually a#
Sec i2.-"All officers required to be
elected by this act, shall be elected by
The qualified voters of the city or ward,
as the case may be, at the general elec-
ton next preceding the expiration of
the term of the then incumbent of the |
office; provided, that the present of.
iiicers Of the City Of Astoria shall con-
tinue in Office until the expiration Of
the term for which they were elected,
the same as if elected. or appointed,
pursuant to the provisions Of this act.
the harbor master"
Sec. 27-"An Office shall be deemed va
cant upon the death or resignation Of
the incumbent"
Sec. 28.-"A vacancy in any office
caused by a failure OF person elected
to quality therefor, a, prescribed in sec
tion "a, or made by or consequent upon
the judgment Of any court, or in any Of
the cases specified in section p, must
be filled by appointment by majority
of the remaining members Of the com.
mon council, to continue until the next
general election"
Sec. "a above referred to, simply pro-
vides when the term Of Office begins,
and the time in whij an officer rrd-t
qualify, and the form Of the oath OF
office"
. Sec. 1ls.-"The police force Of the
City. of Astoria shall be appointed and
by three police commissioners.
The Police Commissioners shall be resi-.
dents, voters and taxpayers of the
City Of Astoria, and all vacancies oe-
curing in the board shall BE- filled by
appointment by the mayor of the City
of Astoria with the consent of a ma
jority of the Common Council. The
Commissioners shall take the oath Of
Office required by other city officers"
Sec. lI9.-"Tbe term of Office Of q
p,,l;eo commissioner shall he six years,
aul until his successor il elected and
qualified"
Sec. I20.-"The present police commits.
sioners shall continue in office for the
respective terms for which they have
respectively been elected, and the success
sors of each shall be elected at the time
prescribed in the present laws, 50 that