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

END OF CONTROVERSY
Supreme Court of Virginia in Bar
rett-Lambert Case Decides Inter-
esting Point.

Members of City Council are not
municipal officers according to the
decision of the Supreme Court of Ap-
peals of Virginia which was handed
down in the Lambert contest
ed council case. This brings to an
end long disputed question which
has been under consideration a num-
Der of times by the Virginia courts.
The full text of the decision as rem
dered by Judge Buchanan is as fol-
lows:
This is a quo warranto proceed
ing in which it was determined that
the defendant in error. Robert S.
Barrett. and not the plaintiff in error
Urban S. Lambert. was entitled to
the office of member of the common
council from the first ward OF the
city Of Alexandria, made vacant by
the death of Hubert Snowden. who
was elected member of the common
council at the regular election held
on the second Tuesday in June, 1910
On the 23rd day of April. 1912.
the common council. acting under
section 1015e Of the Code Of 1904,
elected Mr.. Lambert to fill the un-
expired term of Mr.. Snowden. At
the general election in June follow
ing Mr. Barrett was elected by the
7uual aliGed,sotersNn the ciry toofiil the.
vacancy caused by the death Of Mr..
Snowden, in accordance with an
act of Assembly approved February
II. 1906. Acts of Assembly 1906,
PIP. 17-1s.
The contention Of the defendant
in error is, and the trial court so
held, that section 1015e of the Code
was repealed by the act Of February
IT, 1906, and that the vacancy was
to be filled in the manner prescrlD-
ed by the latter statute.
BY section l015e of the Code 1t is
provided, that When any vacancy
shall occur in the council of a city
having one branch. or in either
branch of the council of any city
having two branches, by death, resi-
snation. removal from the ward
failure TO qualify, or from any other
cause. the council, or the branch,
as the case may be, in which such
vacancy occurs, shall elect a quail
fed person to supply the T"cancy
for the uneXpired term.
The act of February II. 900, Is
as follows:
"An Act to authorize the several
cities and towns of this Common
wealth to appoint officers and en-
ployees in addition to those express
" authorized in their respective
charters and provide for the hli'hs
80 roo,nc;es IN all municipal offices
for the unexpired term
q. Be it enacted by the sene'' al
assembly of Virginia, That the coun-
oil of every city or town OF TINS Io"'-
monwealth having in their several
charters the power to appoint eer-
tain municipal officers shall IN au-
d;t;on to such power. nave power
70 appoint such othero fficers ana ell
ploves as the council may deem prope'
or any, committee of such couhe''
or anv municipal board, or the may
or of the city or town or any nee
Of q department of such city OF "" !,
government, may also appoint s"e.
officers and employees as the eo"no'
may deteNnine, the duties anu 'o.s
nansotion of whic.. officers ana EN-
pioyes shall be fixed by the co"Nl,
of the city or town. except SO i"' :"
the council may authorize such VIZ
.ios +o he fixed by such committee o
other appointing power. and may 'e
ouire of any Of the officers ana en'
n,oyes so appointed bonds. VIII
sureties in proper penalties. payaor
to the city or town in its corporal
name with condition for the faith
fnl performance of said duties A
officers so appointed may be remo'
Cd from Office at their pleasure b
Joint resolution of the two branch
es, and where the appointment is
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