Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1906-07-19
AN OPEN LETTER


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THIS arsaaaaes s&s i~mssUaeoss as'
o. tA~ essanxsl ant astsssaa ~ shs
xese - Mr.. Esaa1. saasm POI h*ka
In Eas Easo~. IN sal sesne ~ sEssn
n mas~ IN q r<axl affsnss fer sny -
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ssramssas essealaasa Go arss ssosds
Il p~Fsons lusa the ssk~uns, is h vel
kna~m Thar th<s~ devices 6EAw insa
the sakass eEosas ~ feEspns ana -
H~elslag the goung ansn sna ahs saor-
al sense a Las VEGAS r. In fsscr a
ahasing this nuisance. 10 IN eTdin'
anes shaeh sili put an sad % H.
Mhea this aEalssanae csne as. Mr.
Hsasa MAS 81 In the council. a.
though BE- did M live In the city es
oxn pFuEersy therein. ana his vote
defeated the ordinance. II xas ths
last xess hs gave. and after defeating
the ordinance be tendsred his resigns
ton Hos vii his successor y0s
when that question again arises: D.
You know. Can u be. that IN Your or
binary action. yoa have In mind %
control the measures thar are 10 cone
before the oouncile The failure mus
determine.
You name ~ the ground of You
veto that The people II the first VAR
have no legal right 10 slset . eoan
Gilman II their oSn ehoios.
Many ~ the best lawyers Of La,
Vegas disagree with Won on thsI
point and maintain that o councilman
elected By the first ward under ih'
circumstances that s,isi. would hss'
q clear and perfee, title. We can
not believe that you are 80 much con
eerned about the title 10 the osfie'
and the right Of the councilman elect
10 hold his office. On you are ahoa
ynur mower 60 control his vote In th'
council.
Section e,ss provides. In case O
vacancy In the council. the vacanei
SHALL BE FILLED ny SPECIAL
ELECTION"
There can be no aeaht about tina
language. The Law says. not that
may. but that II SHALL. be filled b
election. This 10 as IL should be-, 70
II refers the question back 60 the pei
pie who are 10 be represented by III
official.
Sub Section 81. of section 2s02. PR
vides that the remaining members 4
the council FIJI the vacancy by al
p%ointment.
u does not say they shall fl th
vacancy. but thai they may. tn
power 10 merely permissive. II give
the remaining members the discretin
10 fiil the vacancy by election or b
appointment. Why was not this pow
, er conferred? For the plain reaso
that n vacancy might occur late In
term Of office and Il might be moi
convenient and entirely satisfactor
to the people AZ the ward that IN
council should appoint and In such
case the Legislature Intended that II
council might do 80. We conter
that the Legislature by this sub.Ss
ton 50 never intended to absoln,eI
disfranchise the voters of the var
to take away from them the power
election. Such q construction 10 co
trary to the spirit Of our institution
based AZ they are upon the fundame
tai right Of the people TO select the
own officials. and for that reason Il
word may" instead Of 'shail' ",
used In subsection 81. This "a Il
construction which We believe III
the legal profession and the cour
will place upon the law. but a la
suit IL an expensive luxury. gent
ally long drawn out, with the right
appeal in the supreme court with
definite delay. and before this qu'
ton could be brought to a final in
cial determination q term Of office
Ward No. I would have expired. 4
this you knew and you took your
ton accordingly, and to reach 70
end declared that a quorum was pr
ent TO enable you to carry out I
scheme you had determined upon.
On the night that Mr.. Elwood
signed. the council believed the p
pie Of Ward No. ! had the right
chose his successor and to that q
directed you by resolution to call
election. You Immediately after
journment sought your special adj
ers to find a way to defeat this re
luton, to disfranchise the people
the first ward, to disregard tn
wishes and to get a councilman '
would vote as Won might direct, /;
to this end came your veto mess,