Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-01-31

receives Il majority of the votes cast. It
will be perfectly valid and constitu-
| tional charter.
LEGISLATURE PREsCRIBEs
MAJORITY TO CARRY
Tho manner In which such charter
is TO be obtained Is expressly provided
10 De the manner prescribed by the
General Assembly, and its power In the
promises Is unrestricted.
Paragraph 2 of section III refers
TO those cities whose charters are OBJ
tanned by general or special act passed,
az prescribed in article 4 or the Con-
sttution. But tho Constitution en-
pressiy eNempts cities of over 10000
from the requirements of article 4.
Hence. the second paragraph OF sec
ZION III only applies to cities up to
"ooo0 population. The second para
graph. therefore. has no application to
nicnihoho or any other city Of over
| "oooO population. But il is the LAM
euage OF the second paragraph that
! Mr.. Pollard quotes as authority for
saying that the bin of the CITY Council
| Is unconstitutional. because it provides
Tor me adoplloh OF new charter by
majority of those voting at an elcc-
| ton held for that purpose Tho OK
| press language limits paragraph . of
| section III to cities included in that
| paragraph and to such cities only
! that liz. cities not over 10000 rene,t
| In the case of n request for "a special
| charter by city Of over $4,000 such
! request need not require the adoption
| of the charter by the voters OF said
! city by any greater vote than n mn
! jOrity OF those voting at tho particular
! election. 1t docs not require its adop-
! ton "by majority vote of it's quail
| fled electors at AN election to be held
as may be prescribed therefor by law
| 1t is for the Legislature to say. in the
| case OF cities over 30 900 by what vote
| m ri, ~ sl, ri ri
LEGISLATURE FREE no
ACT IN CASE or DIG CITIES
| The truth is, that this second para
/ graph OF section III OF the Constitu-
! ton contemplatcs the enactment by the
| Legislature Of "a general act for cities
I under $4,000, prescribing various forms
| Of municipal government. This the
! Legislature has done by the passage OF
| the act approved March 10. 1914. and
| known as the optional net. Under
! this act any city of not over $4,000 II
! am aware that tho act says lOOO0O)
! may thereafter adopt any one of the
various prescribed forms OF municipal
! government by majority vote of its
! qualified electors etc, etc.
! But this il very different thing
Z from granting q city the right TO have
/ special charter Of It's own on such
terms and in such manner as the Cen
cral Assembly may prescribe for the
/ particular city. This granting of n
special charter under such teriny as tho
/ legislature itself may prescribe Is con
/ fined To cities OF over $4,000.
B at the risk of making this letter toe
! long, | would like to add that IL sccms
to me Mr. Pollard has misconstruc,
the language Of the second paragraph
/ OF section III. This language, and
/ indeed this whole paragraph. as ! have
/, pointed out. does not apply tn citics
over $4,000 population. but whether
IL does or not. it does not bear iht
construction put upon IL by Mr.. Pollard
Time does not permit me TO give al
my reasons We may ADMIT that the
English OF the sentence IS faulty. "bu
no form or forms of government au.
thoriZcd by the second paragraph al
this section shall become operative cx
ccpt as to such cities or towns az may
thereafter adopt the same by ma
jorty vote of it's qualified electors a
an election 20 hc held may lie pre-
scribcd therefor by law" II does no
state that it's adoption must he by
majority vote of its qualified electors
1t does not stop there, hut says tina
the adoption Of the form OF government
must lie by majority vote at an cleo
tion to be held OF its qualified electors
In other words, they must not only y,
qualified electors. but IL must be cleo
tors who vote ut that election. and tn.
majority at such election shall prevail
Any other construction would destro,
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