Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1913-06-30

to erect water works outside Of the
city limits, and in order to protect
the water from pollution and the
works from injury their. jurdisdic-
ton extends five. miles beyond the
works; and for the purpose of car
rying into effect these and other
powers they can enact ordinances,
and prescribe fines and other punish
ments for their violation. While
these powers and others do not re-
late exclusively to the local affairs
of the cities, they are in certain
sense municipal officers (Mitchell ".
Witt, Judge. supra, and if there
were no other legislation on the sub
ject the broad language of the act
of February II. 1906. might be sur
ficient to include them. But as there
is other legislation on the subject
all the statutes in pari matera must
be considered and harmonized IL it
can be done by any fair and reason
able construction. Mitchell v Witt,
supra; Fulkerson V. Bristol, supra.
If members of a city council be
held to be municipal officers, within
the meaning OF the act of February
II, 1906. that act would be in ir-
reconcilable conflict not only sec
ton 1O15-e of the Code. but also
with that portion Of section 1015-a
OF the Code which provides. that
all elections to fill vacancies in any
(city) council shall be for the un-
expired term if they are NUM-
cipal officers. then under section
OF the Code, the mayor would
have the power to suspend and re-
move members of the city council
for that section provides that the
mayor shall see that the various city
officers and members OF the police
and fire departments, wether elect
ed or appointed, faithfully perform
their duties, and give him the power
to suspend such officers and TO re-
move them for misconduct in Office
or neglect Of duty.
Section l0l5e provides that va
cancies in either branch OF the cOun-
.hol In hrnnnh i'm
which the vacancy exists, but if that
section has been repealed by the
act of February II, 1906, Vacan-
cy in either branch would have 10
be filled by the joint action OF both
branches Of the council; for it Is
clear, We think, that every vacancy
which the last named act authorizes
the city council 10 fill, must be TILED
by the joint action OF both branches
of the council where it consists OF
Two branches.
If the members Of city council
be municipal officers within the mcan-
ing of the act of February II, 1906.
then it seems 10 us clear that tile
mayor is also municipal officer
within its meaning. II this he 50,
then it would bring that act in il
reconcilable conflict witli section
1883 of the Code. That section
provides that upon The death, reSis
mutton or removal OF the mayor, his
place shall be filled and his duties
discharged by the president ol the
board of aldermen, or the president
of the council, according as the city
council has or has not two branch
es, until another mayor is elected
and qualified. That section iurlh-
,r provides that within ten days
after such death, resignation or re-
moval OF the mayor, the corporation
or hustings court shall order spec
ial election to be held within thirty
days after the order is entered to Ill
such vacancy, provided the uneXplr-
ed term remaining after such cleo
ton is as much as one year; while
the act of February II, 1906, pro
yides that in case Of vacancy III
any municipal office which is cleo
tive by the people, if there be no
general election during the "leA-
ujred term at which vacancy can DE
legally filled, the city council may
elect qualified person to NIL auch
vacancy until qualified person can
be elected by the people. and snail
have qualified for the next Succesu-
ing Term. or when such vacancy can
ba filed such city council elect
qualified person to fill such vacancy
until qualified person Is elected 10
FIJI : ch vacancy at such general ell
actiou and shall have qualified
If the members Of 4 city couhcli
are held not to be municipal officers