The news scimitar. (Memphis, Tenn.) 1907-1926, 1920-09-11
City and the Recall Petitions

line interest mas betH NchNciV" wv"
the attitude that will be adopted by the
mayor and city commissioners, VIII
the city attempt to have the courts
declare the amendment to the charter
providlng for recall declared uncon-
stitutional, or will II invite contest
with the opposition In an election and
ignore the technicality that might be
raised?
There is some doubt about the con-
stitutionallty OF the amendment to the
charter providing for a recall. The
trainers Of the city charter doubted the
validity of a recall provision under the
state constitution and took no chance
with II. The recall provision OF the
charter is a separate act in which the
trainers took particular pains to state
that II repealed all laws in conflict
with It but should not invnlidate any
other provision OF the charter.
The recall provision OF the city char
ter provides that recall election shall
be held in the event 81 per cent OF the
voters qualified TO vote for the sue
cessor OF the incumbent they desire TO
recall sign the petition.
In referendum petition on franchises
the signers OF the petition must not
only be qualified voters but taxpayers
as well. In recall election the pro-
vision that voters qualified TO vote for
the successor OF the ,duyor or COM
missioner sought to be recalled. means
that the signers must have paid their
poll tax and he registered in the wards
and precincts in which they reside and
otherwise be qualified to vote at the
time of signing the petition.
The recall phase OF the city charter
has never been invoked since the char
ter was adopted in 1919. This Is the
first time a recall petition has been
circulated.
The custer law provides that officials
may be removed from office by the
courts for misfeasance, Enalfeasance and
nonfeasance in office. Custer suits are
prosecuted through the courts and Of
ficials may be removed only upon proof
OF the derelictions charged.
The recall feature OF the city charter
does not necessarily contemplate Of
lenses which may be remedied through
an custer suit, The charter provides
that the recall petition shall set out In
general terms the objections to the Of
ficials in office In other words,
change In public sentiment In sufficient
TO warrant recall election II the
qualified signers OF the petition number
rs per cent OF the votes cast in the last
preceding election for mayor. An
official may be removed under the Gus
ter law only because OF failure TO en-
force the law or for violation OF the
law.
The Nashville city charter has q re-
call provision similar to the one in
the Memphis charter. 1t was invoked
several years ago when an attempt was
made to recall the mayor ana city COM
missioners of Nashville. The petition
ers made the mistake Of having one pc
tltion for the mayor and the commits
sIoners. The supreme court held the
recall invalid under the construction
that some OF the signers must have
signed the petition TO recall one off,
cial ard not all of them.
Evidently the lawyers behind the
Memphis recall have profited by the
experience In Nashville. They are cir
culating five different petitions, one for
the mayor and one each for the four
commissioners.
In deciding the Nashville case the
SUP: eme court did not pass upon
the validity OF the act. It was content
TO dispose Of It on the ground that It
was improperly prepared
Lawyers familiar with the recall pro-
vision in the Memphis charter are OF
the opinion that II the mayor and city
commissioners desire TO avoid an cleo
ton, provided the recall petitions are
regular and signed by the requisite
number OF qualified voters their best
defense lies in the claim OF property
right in the office, as this contention
was sustained in tho famous case Of
Malone against Williams. which set
precedeht that has been scrupulously
observ,d since that time Since that
decision no attempt has been made TO
legi,ate an official out OF office.
The city administration, in the opin-
ion of some OF the lawyers. may reason
ably set up the same claim and resist
in the courts the effort to recall them,
Opinion differs as 70 the method the
city administration should hd,p' Some
OF the friends Of tho administration
insist that the mayor and commission
ers should 20 into the courts and make
q fight 10 maintain their title to office
on the theory that a majority Of the
the signers 20 the petitions do not
represent a majority OF the voters, and
finally, that the city officials have
legal right to the offices they hold
On the other hand there are friends OF
the administration who believe the may
or and commissioners should invite
contest to vindieate themselves nerve
the people, holding that the usefulness
Of the administration would be greatly
impaired II the impression should pre-
vail that they are not truly rdpresen-
tative, and are willing TO invoke a tech
nicality In order to hold office,
The recall provision OF tina city char.
ter provides that officials may not he
Irecaiied within three months after hav-
ing assumed office and in the event
Of the failure OF the recall petition no
other recall Is valid within six months,
The city administration has given no
intimation Of the course II proposes To
adopt. II is not likely that an expression
win he forthcoming until the recall pc
titions are filed with the city clerk and
have been carefully checked against the
poll tax and registration records.
Mexicans are holding British sub
1ects for ransom now. indicating that