The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-09

ter of the Constitution, and there
fore void. This holding as borne
out by an examination OF the fol-
lowing sections Of the Constitution,
Viz. section l21, teNpresslS oonfer-
ring upon the Council the eSclu-
sive power tA change the bounds
ries of wards and reapportion rep
resentation among the wards; Sec
ton 123, providing that every ortii-
nance or resolution having the ef-
feet of an ordinance, before 1T be-
come law, after being PASSED Oy
the Council, shall be submitted to
the Mayor for his approval and
providing what. vote of the Coun-
ell shall be necessary to override
such veto. etc.; section l25 which
provides that the rights of any city
OF: town in It's water front, etc,
shall not he sold except by ordl-
nance or resolution passed by a re-
corded ALTERNATIVES vote OF two
thirds of the members elected to
the Council and each branch there-
Of etc, and other sections OF the
Constitution comforting kindred
powers upon the Councils of cities
and towns.
s. HOW said board can be elected?
I am of the ppinion that said
board can be authorized by the Cen
eral Assembly to be elected either
by. the Council or by the people.
4. BY what power removed7
BY such power as the General AS
of such board. like other city Off
GERS. would, Of course, be subject to
removal by the Mayor as provided
by the Constitution and Charter of
the City of Richmond, as we'll as by
the general laws OF the State Of
Virginia.
5. For what cause?
For any cause that the Legisla-
ture might authorize their removal
Presumably the Legislature would
only authorize the removal of duly
elected and qualified members OF
said board, for maifcasnnce or mis-
fcasnpce In office.
the number of Councilman is per-
missible?
am clearly Of opinion that there
is no limitation in the Constitution
upon the legislative power to re-
duce thenumber of members Of tho
BOARD of Aldermen or Common
Council of the city of Richmond.
and therefore the city charter may
be amended. authorizing a smaller
number of Representatives in each,
ward than the number now fixed
by the charter.
Z. Whether or not Councilmen
can be paid under existing law?
am clearly Of opinion. and have
so held in Il written opinion rem
dered to the Committee on Ordi-
nances. Charter and Reform. under
date Of March !, 1924 Getty Attor-
under the charter OF the city of
Richmond and the general laws of
the Commonwealth, the City Coun-
ell cannot legally provide for CONF
pensation for Councilman on ac-
count of their services as such; but
7 H., t.>f To-. 4 hoy {lNo
Legislature may amend the charter
of the city. or by general law SO
provide and fix the compensation
10 be paid Councilmen. or may
authorize the Council of the city
of Richmond to do so by ordinance
or resolution.
S. Which of the powers con-
ferred on the board of control or
board of commissioners. under the
charter Of the city OF Norfolk. Va.
Nashville. Tenn Galveston, Texas,
and cities of the first class in the
state of Kansas, can be conferred
by the Legislature of Virginin
upon a board of control properly
authorized to be created for the
city of Richmond?
In response to this inquiry. beg
to say that It seems to me imprac-
t'cahle to enumcrate all Of the
powers that may be so conferred.
~ w III iIc ! lIilllh, ~ oiS
that any or all of the powers of
an executive nature now exercised
by the Council of the city of Rich
monn, or by any of It's committees,
or exercised by the Board 81 Police
Commissioners, or exercised by the
Board of Fire Commissioner OF
exercised by the Board of Sinking
Fund Commissioners, as we'll as
any other powers of a purely ex.
ecUtiyc nature now exercised BY
any department of the city govern,
nent or by the head Of such de
paltment, other than those tina
belong, exclusively to the Mayo,
under the Constitution, may b,
conferred upon such a hoard o
control. If more detailed state
| ment of these powers is needed n
preliminary to the deliberations o
| tho committee, and you will so re
| quest, I will undertake the tasi
of enumeration.
Very respectfully,
III, II. POLLARD