The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-01-15
MAYORS RIGHT TO
VOTE IS UPHELD
CITY ATTORNEY HATCHER HOLDS
THAT he MAY ACT ON HIS
OWN APPOINTMENTS.
COURT DECISIONS ARE QUOTED
city's Legal Adviser Makes The May
ors Duties And Powers
Very Clear.

In the opinion Of City Attorney
Hatcher the Mayor of Columbia has
clear and unquestioned right to vote
for the confirmation of his appointees
to office. An official opinion to this
effect was rendered to the Board OF
Aldermen at the meeting of Thursday
night. The City Attorney discusses
the various provisions of the charter
and then embodies in his opinion de-
cisions of Supreme Courts which set
tie the question beyond controversy.
The full opinion is as follows:
1.-The provisions of the charter OF
the City of Columbia defining the du-
ties and rights of the Mayor, or so
much thereof as it is necessary to
quote, are as follows:
article II-Section 1. BE it fur
Their enacted, That the legislative pow
ers of the City of Columbia shall be
vested in the Board of Mayor and
Alu6Tm6ll, W DC blCCiGu az piONAuSN "
Section / of Article H.
Section 5.-No ordinance shall
become a law until it shall have been
read and passed in three different
days, and shall receive on its final
passage the assent of a majority OF
all the members of the Board. No
ordinance shall become a law until
the same has been signed by the May
or. or unless he fail to veto the same
by the next regular meeting, when he
shall return the same to the Board,
with his objections, in writing, and no
ordinance or resolution so vetoed by
the Mayor shall go into effect unless
the same again be passed by a ma
jority of the entire Board
"'Article Iv-Section /. Be it fur
Their enacted, That the executive pow
ers of the city shall be vested in the
Mayor, Recorder City Marshal, and as
many Deputy Marshals as the Board
of Mayor and Aldermen may deem
Necessary. That the Mayor shall be
chief executive officer of the city; he
shall appoint all standing committees;
he shall appoint, subject to the ratif-
cation of the Board of Aldermen, all
officers and agents whose election Is
not by this Act vested in the Board
of Mayor and Aldermen; he may like
wise dismiss any such officer or agent
so appointed at his pleasure, report
ing his action to the Board of Alder
men, with his recommendation to fill
the vacancy"
"'Sec. BE it further enacted,
That the Mayor shall preside at the
meetings of the Board of Mayor and
Aldermen, and on all questions COM
ing before said Board he shall have
the right to vote. He shall, from time
to time, give the Board Of Mayor
and Aldermen information relative to
the condition of the corporation, and
shall recommend to its consideration
such measures as he may deem ex-
pedient for the interest of the city
1.-THE whole charter Is to be con-
strued together and taking the char
ter as a whole it is plain to be seen
that the Mayor is the chief executive
of the city and as such officer Is given
the power of appointing the City Mar
shall and number of the other officers
of the city Such appointments are
subject to the ratification of the Board
of Aldermen, so that the question to
be decided is whether or not the May
or has a right to vote as a member OF
the Board of Aldermen on the ratifica-
ton of his own appointment.
"In the case of State, ex rel. vs.
Pinkerman, % L. r. A. Gel, the Court
says:
"'Section 7, as previously quoted,
provides that the Mayor shall preside
at the meetings of the board of alder
men, and shall have a casting vote
only in case of a tie There is no
limitation of this casting vote to any
particular kind or class of business.
A tie is more likely to occur upon
questions involving political consid-
erations, and arises most often as to