The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1910-03-26
Election Proclamation BY
County Commissioners
Has Nothing To Do With
City AIairs-Appointees
Hold During Unexpired
Four Year Terms.
10 Hold Differently Would
Create Confusion and En-
tirely Defeat the General
Purpose of This Lcgisla-
ton.
March ~, 1910.
Hon Reed Holloman,
City Attorney,
Tucumcari n NJ


have received your letter Of yes
iordhy submitting TO me questions rel
ntive to the city affairs OF the city
Of Tucumcari, 20 which ] make the
rurlies, possible answer.
understand from your letter that
the town Of Tucumcari became q city
in 1905 under the provisions Of Chap.
ter III Of the Session Laws Of 1908,
which declares that the board Of trus
tees of such q town shall proceed 70
organize the same into q city by divid.
ing IL into wards Of not less than four.
and shall call an election for one
alderman from each ward and n mayor
from the city At large; and that In
accordance Herewith Tucumeari held
such an election four aldermen and
mayor. AZ you say, tho general
law with regard to ciiies requires two
members Of the city council from each
ward, 50 that after the first election
which your city held 10 September,
1908, at subsequent elections II clear.
~ becomes necessary TO provide for
the additional members. The gener
nj system Of law with regard TO the
members Of the city council requires
that they are TO be elected for four
year terms, there being an election
In the even numbered years and al
each election one member from each
ward IL 20 bo elected for four years.
In order 10 bring Tucumcafi into hAr.
mony with the general system, II 10
my opinion that your aldermen elect.
I'D In 1908 must he considered as elect.
I'd 20 serve during the remainder Of
the then current quadrennial term es'
tablished by the legislature, which
would terminate In the spring Of 1919,
and tha, in April 1910. there should
he one member elected from each ward
for four years. I understand that your
opinion In this IL the same as mine
30 hhrmonize the different statutes.
Yon mex, ask NJ 10 whether the
provisions of Chapter l05 OF the Laws
~ 1909 a. 10 the issuing Of a procla
lgHs' Oi,...nti0n by the board of
county commissioners, has any appli'
cation 10 city elections. | agree with
YOU that that act has reference only
10 general elections and ought not IA
hs construed as In any way Affecting
the conduct o, city elections under
previous laws.
Your next question II as To how
long appointments TO vacancies In the
citv council. made under the act oi
February 23, 1893, which appears In
the Compiled Laws of 1897 a- sub
division 81 Of section 2i02, shall con
,inuh. That statute provides that ths
person appointed shall hold his ofiics
until the election and qualification OF
his successor at the next succeeding
annual election for municipal officers
At the time OF the passage of that Law
elections for all members of the coun
ell were held annually. BY subsequent
legislation II has been provided tha
one member from each ward shall b'
elected once In two wears 10 hold OF
nee for four years. ] believe that thi
legislation 40 modifes the act ~ ls9'
that we should constru, u 20 mean tina
The person appointed 10 n vacanc,
should hold ofice Until the election o.
his successor At the next succeeding
annual election NJ which a successo
ian be- properly elected and that woul'
not be until the expiration Of the fou
wear term which has been provide'
hy the statute. To hold differentl'
would create confusion and entirely de-
feat the general purpose ~ the legis
iAture In establishing system b,
which only half Of the members shoul
he elected at each biennial election, thu
keeping In Office half Of the counei
who had already had some experienc
Ia the public afhairs Of the city
Yours very truly,
FRANK W. CLANCY.
Attorney Genera