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

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s~sxas~T that Foza a@saks& 10 sssasaa
.fA~ wishes a. IT, pasess ~ AasN Ma
1 In sMseh . say ss la ms6e . shss
sa.s a~msMsmksnt was legal he s@aaa
have Al 0nrs Suggested ta ssa shs
course ssssas nRaHssd swE We D.
noa k~aasgs soar euasaatsthon sss
80 snaAss ssa 10 foiaox he washss
|as Ward Na I. ssas thai Soa s&saghs
exmsmlfaasan 20 ina s<sxne sehsHne
whereby sess soala tara Essag hack on
that .sHd and asfsst srs wishes. We
have shns made n sppsEsns 10 every
l~nsslaas~ns eisiren that y0sa had n in
soar poser 10 sahaast she ehosee a
. sneees1.ss 20 Mr., E'g0sa N The the
p@spas directly Interested and so have
the person ssieeaea ~ shsa 10 install
ed into office ~ 70 make his title
perfees.
In Thus writing To soa Ne are not
srfeatsa by an spirit ~ hostility.
We feel that soar actson has been 81
essdiagly arbitrary md Nc Do not b.
iisye that The manner In which Jon
filled the Vacancy from The first waFd
h either morally tish1 or legally cor
rect. We are advised BY lawyers ~
ability. I'm whose Judgment We have
confidenoe. that nothing lass than Q
quorum a an the oouncilmen elect.
can legally at In filling q vacancy.
and that n n NOT within the legal
power u the MAYER 10 create Q legal
quorum by declaring that . quorum
10 present. when n 10 no present
Section .sis Of our statute In e.
feet provides. that o concurrence os
a majority Of the whole number ~
members elected TO the council, shall
be required In the passage N a resoin'
tion OF orders 10 enter into q contract
and then adds: all appointments of
officers b. any council shall he by
ballot. and the concurrence II q like
majority shall be required" The Sc
lection By the council of q council
-. e. 49, sswws wnawA 10 ska mnsgsns,
naens II an officer by the council. and
the plain words Of the statute II that
this shall be- by the concurrence oi
a like majority. that IN. a majority al
the Whole number u members elect
cd. II four members 81 the council
can assemble and hold. when the Law
requires eight members to constitute
the council. that the council consists
u 'only seven and that then four IL 4
majority. iIxcsn do = with any less
number than seven. In a word such
n theory would substitute the arbis
rary will Of the mayor as 60 the num
her necessary 10 constitute a majority
Of the council for the plain prosisio,
/ OF the statute. The theory on which
you act Is II a vacancy occurs al
TO one member, the council then con
sists for the purpose Of appointment
TO office Of seven. SO II there were
two vacancies the council would To-
like purposes ON that argument b
six and II three vacancies five, an,
b so on down until the sole remaining
man would constitute the council
! This construction strikes the averag'
man as absurd. II the mayor an
council will discharge their duty
there need be no vacancy. The pee
{ pie Of the ward can be called togethe
and allowed to have their own choic
J. and all difficulty vanishes. and
come extremely doubtful Thomas 1
r the council or In the mayors office l
e doubtful Of the legality Of such actio
$ Il a easily be ratified and the VI
. easy conscience satisfied. We mel
ton this statute 70 that the peopl
. may understand the extraordinary e
r forts and constructions that you has
made TO enable you TO usurp th
4 rights belong to the people of ii
D. first ward.
3 Notwithstanding the duty on you
T. call an election, you have chosen
n take other action and to become u
II guardian Of the voters Of the fir
c ward, and you will no doubt, reco
n nize. arbitrarily and without leg
s. right as we believe, the council as "
he have created II. II would require
tedious, long delayed and EXPENSE
e. lawsuit to carry this question throuj
o the courts, and II Is one In which
to have no greater interest than that
Id any other citizen. We feel IL you c,
he stand before the public on the reco
d. that You have made, we are entire
Is willing to stand on our record. Y
% shall take our places In the coun
OF and in our future course az membe
.ir thereof, stand in the future as
no have In The past, for the right Of [
nd people to select their own office
&c and for measures Of local administ
al. ton beneficial to the general publ
without reference to special interes
mn, We shall not carry into our offic
an. action any spirit Of unkindness
no fractional opposition, but will c,