New Britain herald., 1927-11-10
NATIONALITY ISSUE STILL UNS0LVED No Decision Yet as to Special
 Primary Election LEGAL OPINION GIVEN
Masonic Building Corporation Elects OniCers-Washing Street Store Visited By Thievcs-irmisticc Day Plans-Bricf Items.


 There is still some doubt as to whether special primary election will be held 10 select candidates for the city election to succeed the late Mayor John Ii. Wade. who died at his home on Bellevue avenue last Monday following a heart attack. The uncertainty as to the propar method of selecting q successor to Mayor Wade is due 10 q large extent 10 the decision rendered this morn- ing by Corporation Counsel William x. DeRosier, who believes that. ac- cording 10 the city charter, the coun- ell has the power to select the sue Ctssor in spite of the fact that inc new term. 1o which Mayor Wade was elected at the October election, docs not start until January 1.
 The decision of Corporation Coun- Sti DeRosier was handed out this morning by Acting Mayor W. Ray lnond Crunlh. who. when questioned by the Herald representative as to the possibility of his running for mayor. stated that he had nothing to say.
 However. in the event of q special primary and later a city election. il is believed that there will be numtr- ous candidates for the vacancy created by the death of Mayor Wade.
 The name of Attorney Joseph r, Dutton. who served as mayor of the city from 1915 to 1921 when he re- signed, has been prominently men, tioned on the street and 1t is be- lioved that he will be d candidate. A-Mayor Dutton has always pollcd a large vote in the city and his friends believe that he would be q suitable successor to the man who succeeded him in office.
 The decision of Corporation Coun- gel DeRosier is as follows:
 "To the Acting Mayor and mem- hers of the City Council,
 'Gentlemen:
 Acting Mayor Crumb has re- quested me to give an opinion as to the proper steps to be taken in the matter of filling the existing vacan- cy in the office of mayor
 Section 73 Of the 1924 revision Of the city charter provides that if q vacancy occur in the office of mayor. the city council shall have power to fill such vacancy and may take temporary provision for the performance Of the duties Of the Of I1ntil ,1, take office. In my opinion this section empowers tho present coun- cil to fill the vacancy existing for the balance of the present uncN- pred term. On January list. 1GcS. | q vacancy will exist for the new l term commencing on that day and i it will then be proper for the coun- i cil as constituted at that time to fill i, that vacancy.
 Tn the event that the council Is reluctant to exercise it's legal right and prefers to submit the matter to the electors of the city for their . decision. the question arises whether {, the matter can be disposed of at on election or whether it is ncc.S- : sary also to go through a primary for the election of candidates. At first thought it would seem 10 be suhjccting the city to an unneccs- SarE expense to adopt the primary method. and Vet an examination of l. )ur charter has convinced mo that his Is the only proper method Of procedure. There is no machinery !. provided by our charter for th.. cleo ion of city officers at just one spe- 'ial ani final electors meeting. For instance. the first question that 7, would arise would be the method Of placing the names of candidates in nomination, hy whom the candidates were to be named the time within hlch the nominations were 10 be made, the call for the election. etc. nasmuch as We have no party eau uses in Bristol, it is obvious that he only nominations which could be made would have to he made by 'lrtue Of the provisions Of our 'harter having 10 do with primary 'lecuons. Even these provisions do
 
 lot specifically provide for the call ng and holding of special primary 'lections, although section S5 seems 0 assure that this may be done in- smuch as 1t speaks of the hours at which the polls shall be open at regular and special primary and ity elections Tn other words, this ection seems 10 contemplate sit lation where if is necessary to have
 special primary for the election Of , andidates for city office.
 In brief, my conclusions and recommendations on the subject arc , re follows: "First. That if is within the of the council 10 name a ,