The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-05-21
NEW QUESTION TO
PUZZLE MEMBERS.
Want Light as to Boards Valid
ity Since Washington Ward
Game In.
APPEAL TO CITY ATTORNEY
Unable to Solve Problem, Coun-
cilmcn Seek Legal
Opinion.

Something Of hubbub has been oc-
casionetl in municipal circles by the
assertion made yesterday that the
Board of Aldermen of Richmond, since
the act Of consolidation of Richmond
and Manchester. is illegally consti-
tuted. and that there may be some
question as to the validity of its ac
tons. The point is one on which the
lawyers themselves disagree, and 1t
may take decision from the Court
of Appeals to determine 1t, but the
general opinion Is that there should
he no undue alarm, since 1t is not
probable that the courts would In
validate any act that was the evident
intention OF the Council, on a technical
point II is conceded. however. that
the point should be settled before the
city attempts to authorize the issue
of any bonds, as the question might
be raised later as to their validity. The
fact is that the Board of Aldermen
of Richmond now has twenty-four
members. while the Code of Virginia.
in the chapter on cities and towns.
plainly states that the upper branch
of the Council Shall be composed of
not less than eight. and not more
than twenty-five members"
The charter of the city of Richmond
brings about an apparent conflict. since
II provides for a Board of Aldermen
composed of three members from each
Ward, and Richmond now has eight
wards, making the total number OIL
members in the Board exceed the total
allowed by statute. Some express the
oninion that the charter should have
precedence over the State Code, put
others are not so certain.
AT the office Of the City Attorney,
therc was an unwlllingness to give
"borseback opinion" but it was ad-
nitted that the point was under con-
| slderation. 1t Is expected that some
| members of the upper branch VIII re
quest Mr.. Pollard to give written
! oninion before another meeting OIL the
Board is held.
what the Constitution Provides.
| The state Constitution. which, OF
| course. is the final authority IN sucn
,n.tters does not specify tho maximum
number of members in the two branches
Of the city Council. Section III SAYS.
There shall be in every city conh-
-, ,or,nosed of two branches. having a
different number of members, whose
,wers and terms of office shail ne
,,roscrited bv Jaw, and whose members
s,.,, I've elected by the qualified vol
ers of such city in the manner pre-
ecribed nv law. but so as 10 give
far as practicable. to each "A'u VI
such city equal representation ~
| branch of said council, IN propo' W
TO the population or suoh war; .
r,a Council, of every city may, in a
- nrascribed by law, increase or
5,m;nish the number. and chahse IN.
,amndaries. of the wards thereof, ahd
atal, in the year nineteen hundred ana
,,,roe and in every tenth gear there-
1 .ttor and also whenever the houiioa
,,ae NJ such wards are changed resp
or+,op the representation IN the coliii'
~ .,onr the wards in manner pr
.or;hod nv law, and whenever 'he
oounc,l If any such city shan ia.i y
, orfor,r the duty so prescrlneu' .
,',.,d.mus shall lie on behalf OF any
n,t,yen thereof to compel Its periori'i
ance.' mh.r..
II the manner prescribed pS iaN
-, ,ccordance with all the ran'li'
a,t;a,s and wearisome details Oh "
statute for consolidation OF clues, - .,l
aities Of Richmond and Manches..
nassed the consolidation ac', 49,.
INC that the former city OF M"'ns''e
ter should become ward, KnuM,l =
washington Ward, OF the cohso i, :,
CITY. with "thc same reprcsenlal,,o'i =
t each branch of the Counc'l rs -,
shall be, enjoyed by the otne, ~.
. - tho consolidated municipality.
(, 1-ndar Tho terms of that act. ratif1e'
and approved by a court order. .iire
Aldermen have been elected and nay
. nualified and been seated from Wasii
,npton Ward making eight waros =
, all and a membership In the upPc
hr,nch of twenty-four Aldermen.
!, Therein comes the conflict sec.,o
,o15 of the Code Of Virginia proViae
! in accordance with the Constltutio
that in cities Of 10000 or more popu
r lation. there shall be Conhcai
two branches having different nun,
her Of members, zone Of which sha
hc called the Common Councils an
be composed Of not less than fourtee
! nor more than forty members an
the other shall be called the Board
/. Aldermen and be composed OF no
less than eight nor more than twenty
: two members" The same section zoe
on to say: provided. further. ma ma
nothing In this section in conflict VII
J the charter Of any city, whose Soui'
, ri, now consists of two blanche!
|
except In 80 far as the same Is al
fected by the Constitutions"
Say Charter Has Precedence.
In the minds Of many Councllme
with whom the matter was discusse
Yesterday, that last saving claus
seemed to protect the city OF Rich
mond in the enjoyment OF its char
/ ter right to have a Board of Alder
men composed Of three from eac
ward, regardless of the number o
wards which the Council may fror
time to time create. or OF the tota
number of Aldermen thereby provid
, cd.
Tho Constitution requires a redis
trictlng of the city in 1913, reapportion
! Ing the ward lines ON tho basis O
population shown by the government
census OF 1910, and the Council may a
that time Increase or diminish tn
number OF wards. There arc mum
her of plans now pending before tn
i, Council for n reduction both of TN
!, number OF wards and of the numbe
Il of Councilmen and Aldermen frol
each ward, one plan proposing the re
duction OF tho number of wards I
four, and the election of one mem