Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1912-08-03
BARRE Tt GIVEN
SEAT IN COUNCIL
Judge Chichester Decides in
His Favor and Against
U. S. Lambert.
A LENGTHY OPINION
Demurrer Entered by Judge Norton
is Dismissed-Stay Granted of Six
ty Days.

Robert S. Barrett was declared b,
Judge r. II. L. Chichester of Frede
rlcksburgu in the Corporation Cour
this morning, to be entitled to thu
seat in common council from the frs
ward to fill the vacancy caused by the
death of Hubert Snowden, and Urbar
S. Lambert, who was elected to BY
council to fill the vacancy was oustec
from his seat by reason of the quo
warranto proceedings instituted by
Mr.. Barrett. The latter will not i'm.
mediately enjoy the fruits of his vic
tory, as on motion of Judge J. K. NJ
Norton, counsel for Mr.. Lambert,
a stay of sixty days was granted in
which time he can formulate an ap-
peal to the Supreme Court of the
state.
Judge Chichester arrived in Alex
andria this morning and opened the
corporation court at 1880 a. m.
There were large number of specta-
tors present who listed with eager
ness to the reading of the opinion of
the judge. Judge Chichester read
his opinion which covered 80 pages.
The opinion was most able one
and showed the result of careful re-
search on his part. He took up each
point in the most through manner
and discussed them at length. 1t
bristled with quotations from the
statutes and from authorities and
went into every phase of the ques-
tion.
In the opening he reviews the facts
which were agreed upon by the law
yers and then proceeds to take up the
various grounds of the demurrer as
presented by Judge Norton.
On the Arst ground, that council
had not denied Mr.. Barrett any rights
ne might possess, the judge says:
att is not necessary that the rela-
tor (Mr. Barrett) should have attempt
ed to exercise his rights as member
Of council and that such rights should
have been denied him before he can
apply for the writ"
On the ground that the election OF
June 11th. at which Mr.. Barrett was
elected had not been properly ord
cred the Judge held ''that the elec,
ton on that date was not a special
election which must be ordered by
,nv officer and no officer is duly auth
or;zed by law to order it. The no.
t;ce of the election is given in the ace
itself and the election must occur
whenever there is vacancy at the
time the regular election for munlc'
ipal officers occurs" =,
On the ground that Mr.. Barrett
had not qualified on the date on which
he received his certificate OF electlon
the Judge held that under sectlon loo
of the code that the term OF otflce OF
anv person chosen to fill vacancy
in anv public office shall commence as
soon as he shall qualify and give
bond and continue for the unexpireo
term of such office. Mr.. Barrett S
term of office, therefore, did not be-
gin until June 18th, when he quail
fed before Clerk Of Courts Greena'
way.
Having disposed of these prellml-
nary points in Mr.. Barrett's favor
Judge Chichester then took up, IN an
exhaustive manner, the question as to
whether or not members OF council
were municipal officers and If SO does
the act of February 1906 apply to
them. On these two important points
he says:
Upon the first question am clearly
of opinion that there are. A great
many cases were cited by the learned
counsel on both sides upon the ques-
ton as to what constitutes q county
or municipal officers on the other hand
and what constitutes state officer on
the other hand, and without referring
to any one of these authorities speci-
fically at this time, suffice to say that
the Virginia Court of Appeals has ap-
pare lily drawn this distinction be-
tween municipal and state officers. He
is site officer, who although he is
elected bu the qualified voters Of ;
municipality, and although the duties