The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1915-01-13
CITY coUNcIL-oLD AND NEW


The retiring city council held it's
last meeting last night, with the fol-
lowing members present: President
C. w. Hunter, Councilmen Bennett,
Knight, Smith, Carmichael, Roess,
Fausett, those elected to fill the un-
expired terms of resigned members,
J. M. Meffert and G. A. Nash.
The minutes Of the last session and
two special sessions were read and
approved.
President Hunter then announced
that the old council had completed its
business, he thanked all of his asso-
ciates and all of the city officers, es-
pecially City Clerk H. G. Sistrunk for
their loyal and efficient assistance,
and asked for motion to adjourn
sine die. Mr.. Roess moved that the
council adjourn sine die and Mr..
Bennett seconded the motion. The
old council then adjourned and Mr.
Hunter and Mr.. Bennett vacated their
seats.
Messrs. J. ]. Gerig from the sec
ond ward and Mr.. D. w. Tompkins
from the first ward, having been
sworn in, took their seats.
Mr.. Roess arose and entered a pro-
test against Mr.. J. J. Gerig taking
his seat, as Mr.. Gerig was already
member of the board Of bond trus-
tees and therefore held two city of
fees. A little discussion arose. Mr..
Carmichael moved that Mr.. Roess be
made temporary chairman. Mr.
Smith seconded the motion, which
was put and carried and Mr.. Roess
took the chair.
Mr.. Tompkins nominated Mr.. Mef-
fert for permanent chairman, and
Mr.. Nash seconded the nomination.
Mr.. Carmichael nominated Mr.. Roess
for permanent chairman. The ballots
were prepared and cast, with Mr..
Meffert receiving five and Mr.. Roess
four, and Mr.. Meffert took the chair.
The chairman asked City Attorney
Hooker for an opinion on the validity
of Mr.. Gerig's election, and if it was
legal for him to sit on1the board. Mr..
Hooker stated that the decisions that
he could recall, the constitution of
the state and city charter did not
forbid or prohibit a person from
holding two offices where they were
not Incompatible, and he saw nothing
in these two Offices that was In
compatible, and it was his opinion
that the council itself was the best
judge and, in fact, the law left such
matters to the council to decide for
itself A motion was then made and
carried unanimously that Mr.. Gerig
should be seated.
Mr.. Meffert objected to Mr.. Carmi-
chael sitting with the new board on
the grounds that his successor had
been elected, or the matter of said
election was in question and Mr.. Car
nichaers term had expired. The
opinion of the city attorney was ask
ed on the matter. Mr.. Hooker stated
that there was some little doubt of
the regularity of the recent elections
| to fill Mr.. Carmichael's place; that
the mayor had not sworn Mr.. Moore
in; that the law plainly provided that
an officer held over till his successor
was elected and qualified and Mr.
| Carmichael remained in his seat.
The clerk read long protest from
Mr.. F. G. B. Weihe on the seating OF
Mr.. Moore, which was filed for infor-
nation.
Mr.. ]. T. Moore came. in and hand
ed the clerk a paper. The paper
when read proved to be the oath Of
Office taken by Mr.. Moore before Mr.
J. d. Robertson. mayor. This quail
/ fed Mr.. Moore as a councilman. anc
i Mr.. Carmichael vacated his seat anc
Il Mr.. Moore was seated.
/ The clerk read communicates
from Mayor Robertson relative to US
ing water from Silver Springs and a;
to sewerage problems.
i The letter from Supt. ]. c.. Cald
well to the mayor on cost of operat
ing the electric light plant was alst
} read. Both communications wer,
} fled for information.
| The election Of vice president O