Daily capital journal. (Salem, Oregon) 1903-1919, 1910-01-12
"Charter Makes No Provision for Election of Mayor Says
City Attorney COrby.
MAYOR MUST BE ELECTED
AT THE GENERAL ELECTION
In Opinion of City Attorney Neither Council Can Elect or Call
Special Election to Elect Successor to Mayor Rodgers
Should He Formally Resign as Mayor of SaIem

"There seems to be no provision
in the city charter for filling vacan-
cy in the office of city mayor except
during temporary absence or illness,
but the council has provided by or
dinance for filling the vacancy when
the same shall occur by resignation
or otherwise" said City Attorney
Grant Corby today when interviewed
by a representative of the Capitol
Journal with relation to the legal
course to be pursued in the elction
of a successor to Mayor Rodgers,
should he carry out his intentions of
resigning as he indicated that he
would the other day in an interview
in the Capital Journal.
But" he said, and one of the
peculiar characteristics of that word
"but" when it appears in an inter
view or a legal document is that it
Immediately proceeds to butt clear
out of existence everything that has
gone before, and this case is no ex-
ception. But" he continued, CON
STRUNG this ordinance with section
6 of the charter it does not appear
as far as have been able to exam
inc the subject at this time that the
city council has any authority to
either elect a mayor or call a spec
ial election by the voters to elect a
mayor. I believe, however, that the
city council has authority to appoint
one of its members to act during the
absence of the mayor, and it is to be
hoped that the mayor will not for
mally resign, as his resignation
might raise serious legal questions
with regard to the subsequent pro-
ceedings of the council"
Must Await General Election.
That is in brief the opinion of the
city attorney on the subject, and it
is the opinion that he will render to
the city council when it asks for
guidance with relation to the mat
ter. AS expressed it is concise,
clear and plain and needs but little
comment or explanation. 1t simply
means that should Mayor Rodgers
formally resign the council is with
out authority tc either elect sue
cessor or to call upon the people
to elect one by a special election,
and that the successor in such an
event must be elected by the people
at the next general election.
The city attorney says, "I believe,
however, that the city council has
to appoint one of it's
members to act during the absence
of the mayor" but that does not
mean that 1t can elect a successor,
should he formally resign, but mere
ly some one to represent him while
he is absent, and the mayor-Mayor
this case. would still
remaiR the citys chief executive
to all intents OF the law.
May Yet Visit Holy Land.
While this opinion of the city at
torney seems to dash TO pieces the
hopes of Mayor Rodgers TO visit the
Holy Land, and other parts of Eu-
rope, and also the hopes that have
reposed in the bosOms of few 10
succeed him as the chief executive
Of the city. an ingenius construction |
placed on the charter by one of the |
lawyers of the city may solve the
and the mayor may yet be
able to take his trip end some one
Of the candidates have the pleasure /
of discharging his work and duties
while he is absent. The suggestion
made is that the mayor avail him
ielf of that clause OF the charter |
which provides for the election OF
some one TO act for him during his
absence and that he take his trip |
and that some one Of the candidates
anxious to succeed him be elected to
his place while he Is sO-journing |
among the Jews IN Jerusalem and