St. Landry clarion. (Opelousas, La.) 1890-1921, 1910-06-18

4 wv 1000 80 eEZ 49, IQA An
Lubricating oil, etc 2210
Total slals a.
Loss for the month S s04 Il
The meter readings for this month
represent Y days while the expenses
are for 81 days; otherwise the loss
would nOthave been SO much.
Respectfully submitted.
ARMAS DURIO,
Superintendent.
To the Hon. the Mayor and the Board
of Aldermen OF the City Of
0pelousas.
My opinion having been asked
touching the powers Of the Mayor Of
this Honorable body, regarding his
right to exercise his veto power. 1
have given the matter more than
ordinary care and attention.
The act 1876 of the acts Of 1898.
IN defining che powers Of the Mayor
IN this respect, speaks in no uncer-
tam tones but sounds III clarion notes
SO clear that he who runs can read
and without the necessity Of reading
between the lines.
The language is clear and free
from ambiguity and under the we'll
known rules Of Judicial construction
we can not go aside from its plain
provisions in order to try to reach a
meaning different from or greater
than the letter Of this law.
This charter Is a Law unto itself
governing the Beard of Aldermen,
and it gives to the Mayor an almost
despotic power in his control of the
with an almost unfettered
to veto any measure that may
be passed upon BY the Board requir-
ing a tWo-thirds vote to override she
will of the Mayor.
While this power may be danger
GUS in the hands of some men, il
welded with a despotie or arbitrary
power the answer to this is that .4Ita
scripta est
The act 1876 Of 1888, which has
been adopted as the charter OF the
city Of O~pelousas, is the corner stone
upon which rests and from which is
derived the powers of the Mayor in
exercise of the veto power.
Mark the language of the Statute:
He shall have the experimenting
control Of all officers and affairs Of
he Municipality
And again in clear ringing notes
We find the following:
And he shall have power to veto
my measure passed by the Board of
Alderman, hut a measure vetoed may
De adopted notwithstanding if two
birds of the Aldermen vote there
.fter."
This latter clause is she only ap-
'arent limitation upon the scope of
he Mayors right to, veto ard seems
Q have been placed there as a safety
giving in the last analysis the
.ontrolling power in the Board over
ne Mayor provided this power is
xerclsed by a twoethirds vote.
This is the only construction that
an see that is in harmony with the
ct and any other would be reading
ITO the act language that We find
bsent and which We cannot supply, |
Mess a differehs view would lead to {
bsurd results. I
It has been suggested that the
to veto is limited TO ordinances /
r such matters as have to receive
he Mayors signature, but the charter
oes not say so and we must 90 to-
his fountain head, from which Aews
9th the letter and the spirit Of the
Nv, in order to ascertain its true /
leaning.
We cannot go into the realm of
Imagination and say ii means differ
ntlY from what it says, because We
ave nj right to 60 aside from the
lain letter Of this law.
While a reference To the law gov
rning this case is sufficient for all
and purposes, yet in pursuing !
$ spirit conveyed by its plain letter :
are naturally inclined to consider !;
he scope and meaning of the word :
leasure. :
Il the Standard dictionary Of the f
ngiish l4ugnage We find the follow d
< definition: a specific act OF t