Evening journal., 1910-06-08
NO CONTEST LIKELY
FOR CITY OFFICES

officials. If not ended BY the court would
expire with June. 1911.
Yet there Is a possibility that any Of
the officials elected in 1907 who gave up
Office 10 the men chosen at the polls in
June, 1903. or the men appointed by Mayor
or Wilson or the last City Council, could
sue to recover salary for the two years
of the term from June, 1909. TO June
1911.
There has been some concern among
persons who we're married by Mayor
Spruance as to the legality Of their mar
riage, but the decision of the court that
tho Mayor Is a do facto officer removes
any doubt about the legality of these
marriages and there is no question bur
that they were lawfully performed. Il
IS stated that there can be no question
legally Of the acts of the present ad-
ministration so long as the right Of the
men in office to hold the positions and 10
act are not questioned specifically in the
State courts.
Under the law amending the charter OF
Wilmington, passed by the Legislature OF
1907. and which still stands. provision is
made for holding an election every four
gidAEF I4i AifS law EibNtutc lNdl the Oh
fcers elected shall be for terms Of two
years. The law declared invalid by the
court yesterday, and which was acted on
by the Legislature of last year intended
to clarity the 1907 law so that elections
would be provided for every two years.
Since the latter law was declared TO have
been passed unconstitutionally, the law
now on the books for city elections in
Wilmington provides for an election every
four years and for two year terms for the
men elected. Here is a chapter from the
law Of 1907. which is now the prevailing
law:
"On and after the first day Of July, A.
D., 1907, tho Council shall consist Of
President of Council and twelve ether
on the first Saturday in June A. D.. 1907.
and every fourth year thereafter, there
shall be elected a president of Council
and twelve members of Council. for the
term Of two years commencing on the
first day OF July next succeeding said cleo
ton. The President Of Council shall be
the presiding officer and a member of
said Council, and shall I've elected from the
city at large by a plurality of all the
votes cast in the several election districts
OF the city. One member of Council shall
be elected from each ward Of the city by
a plurality of all the votes cast therein"
The same condition applies to the Of
fee of city treasurer. provision being for
an election every four years and for a
two-year-term. While the two-year term
is provided for. the men elected in 1907, it
is contended. could claim the Offices to
which they were elected then by holding
on until their SUCCESSORS should be elected,
which legally. under the decision Of yes
terday would be every four years
II is on this ground that a contest would
have to be made attacking the right OF
men elected in June last, and who were
not-re-elected then. to hold office.
Words Of the Court.
Chief Justice Pennewiu in the
course Of the opinion of the majority
of the court read yesterday, said:
Certainly no statute, rules Of Legis-
lative procedure. or custom, can be so
high and controlling as an express con-
stitutional provision. The General
Assembly is not authorized to substi-
tute anv action or procedure
which shall take the place of that
mean which the constitution clearly
intends to be considered as the best
evidence for the determination OF the
question whether bill actually passed
both houses in the manner required
by the constitution. The constitution
in all matters concerning which it
speaks, is the ultimate authority. No
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