The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-06-27

A1OeIudn A. II. OAEemberCe Is
legally holding his seat in the City
Council as alderman from precinct
No. II, although he is temporarily re-
siding in another precinct.
Such is the written opinion of City
Attorney Jones. to whom the matter
was referred by Alderman DAlem-
berte when the latter received a com
municatiOn from J. n. Andrews. cit
ing the fact that he was holding his
office illegally. Since that time there
has been much discussion Of the
question, both by citizens and attOr-
neys, but the majority believed that
Mr.. D'AlembeTte was legally entitled
to his Office, for the reason that he is
only temporarily out of the precinct
and has purchased unimprOved prop
erty upon which he intends building
a residence.
When Alderman D'Alemberte re-
ceiYed the communication from Mr.
Andrews he announced that he would
refer the matter to the city attorney,
and if the latter gave it as his opinion
that he was Illegally holding Office he
would Immediately resign. This in
creased the interest in the matter,
and the city attorneys opinion to-
gether with a letter sent to Mr.. An
drews by Mr.. DFAlemberte. will be
read by everyone with more than
passing interest. The letter Of City
Attorney Jones to Mr. DAlemberte
together with a letter from the lat.
ter to Mr.. Andrews are as follows:
City Attorneys Opinion.
Pensacola, Fla, June %. 1906.
Mr. A. H. D'Alemberte, City.
Dear Sir-YOur communication
requesting my opinion as to whether
or not you are legally holding your
seat in the City Council as alderman
from precinct number twelve has re-
ceived by careful consideration.
The city charter requires an alder
man to be a resident and qualified
voter of the precinct which he repre-
sents This does not mean that the
alderman should continually live in
the precinct but that he should con-
tinUally have his legal residence
there.
If it should be shown that you have
changed your legal residence from
precinct number twelve by peTman-
emily removing therefrOm TO another
precinct, you would not have the right
to continue to serve as alderman;
but, upon the facts in your Gaze as
the same have been stated by you Ia
your communication, am Of the Opan-
ion that you are legally a resident Of
precinct number twelve. and that YOU
are legally holding your seat in the
city council as alderman from said
precinct
Yours very truly,
JOHN B. JONES.
Reply to Mr.. Andrews.
Pensacola, Fla, June 25th, 1906.
u. n. Andrews, Esq, City.
Dear Sir-YOurs of June 2Oth -
at hand.
I have been advised that my hold
ing of office as a member Of the Cisy
Council from precinct II is not with
out authority of law. and that l am
legally entitled to continue in such
office.
i might rest content with such a
statement to you. but it may be frank
for me to state that this advice given
to ME proceeds upon my statement OF
that fact that while l am temporarily
out of precinct No. u. have not
abandoned my residence in the pre-
cinct, but upon the contrary, have at
all times intended 10 reside therein,
have purchased real estate for The
purpose Of building a home therein.
and am now engaged in making
preparations TO build such home
"Under these facts. / deem il Ipt
only right. but my duty TO cOntiuue
to represent the electors Of that pre-
cinct for since they have done me
the honor to elect me, / am Of the
opinion that / cannot simply, because
nv right to hold the Office be qu"s-
toned. resign the trust which they
have committed TO me, but as a condi-
ton of such resignation, must be sa--
isned that my holding IL is Illegal
q assure you that Immediately that
such satisfaction is produced IN my
mind. I will resign at once.
IF your opinion and that OF Tho
cooperating with you differs from ny
opinion advised a. above / Will W"L-
come any proceedings which you CT
they may institute for the purpose OF
testing the question legally.
Your very trulF.
- D TyAV I'M pEgQTE