San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-04-22
COMMISSIONERS
ARE UPHELD IN
ELECTION CASE
Fourth Court Of Civil APP
peals Says Mayor Can't
Name Judges.
CHARTER IS CITED
Black Loses in Fight to
Substitute List for That
Named in Council.

The city commissioners, in open
meeting, have the right TO name all
officers including presiding officers
for all municipal elections. The may
or of the city is without that au-
thority. This was the construction
placed upon that provision of the city
charter governing this matter by the
Fourth Court of Civil Appeals Satur-
day afternoon. AS a result the 81
presiding officers selected by the city
commission on April to serve at the
city primary on Monday and the gen
ersl election on May are sustained
and list of men whom Mayor Black
attempted to appoint are restrained
from interfering with them.
This ruling was handed down by
Chief Justice w. S. Fly, Associate
Justices Edward Smith and L. ID.
Cobbs, concurring following oral ar
gument of Mayor Blacks appeal from
the decision of Judge X. w. b. Ter
rell in the 73rd District Court. Judge
Terrell granted an injunction to re-
strain the officers whom the mayor
had attempted to appoint from serv--
ing and had directed the mayor and
city clerk to issue credentials to-
those officers named by the city COM
!. mission. Under the decision of the
appellate court, Judge TerrelIs order
must be complied with.
In Open Meeting.
Chief Justice Fly rendered an oral
decision from the bench at O'Clock
and it was followed up later by a
written document. Speaking from the
bench. Judge Fly said that the court
hot Do nh nj 300
ton IL of the city charter was ln-
tended more especially for the first
election held in order to put the COM
mission form of government into OPP
Grafton. The fact that the word
"councilr was used in this paragraph
among other things. he said. and that
no provision is made for the presid-
ing officers qualifications, clearly in
dicates that. As result, if that
section governed, Judge Fly pointed
out, all the officers could be selected
from one precinct.
The idea was" Judge Fly said,
"to have the different precincts given
a degree of local self government.
They obtain it through the election
officers who are appointed from their
own precinct.
paragraph ., of Section -, pro
yides in no uncertain terms that after
June 1, 1915, all officers of all pre-
cincts shall be appointed by the COM
mission in open meeting, thus placing
the appointing power in the commits
sioners and carrying out this inten-
ton. It takes the power out of the
hands of one man and spreads 1t
among the commissioners, each OF
whom has a certain duty to perform.
Pfeiffer Was Mayor.
at is the dream" Judge Fly said.
"whether accomplished or not, to
have the different branches of the
government more responsible for the
acts committed by them. Each de-
partment is part of the whole gov
eminent. The mayor cannot control
an election or appoint his own men
to run it."
He pointed out that the charter re-
Tuifts that presiding officers must
be qualified voters and residents of
the precincts over which they pre-
side. Paragraph .. of Section IL.
Judge Fly said, clearly applies to the
case at issue.
If necessary. Judge Fly added, the
court would go further and hold that
IL the mayor had any semblance of
authority to appoint these presiding
officers, il had been fully accomplish
ed when Mayor Pro TEN John p.
Pfeiffer, at a regular meeting of the
council on April ., acted in the mat
ter.
Judge Fly in his written opinion,
set forth that Paragraph . of Section
IL, ain clear and unmistakable terms. "
provides that after June /, 1915, "all
officers of all elections shall be-
chosen by the commissioners, not in
secret conclave, but in open meet
ing"
Think This End II.
"These provisions" the opinion
says. "are intended to guard the
ocal rights Of the citizens of each
precinct and requires an open appoint
ment that protests may be heard and
Entertained against the men appoint
Id to preside over the elections in
The different precincts. That para
graph is succinct and clear and gives
the commissioners authority TO ap-
point all election officers.
Zone great object of the adoption
u the commission form of govern
nent was TO place the powers of
government in the hands of the COM
nissioners, whose special powers arc
Enumerated, rather than in the hands
bf a mayor. The government by
mayor and council has been fully
ried and found wanting. There is
clear intention evidenced by the
paragraph quoted TO lift the elections.
Is far as possible. from under the
;S'~sree Of any one man and give
The appointment of all election Off
ers into the hands of the commits
Eioners."