The Waterbury Democrat., 1935-12-11
FULL DECISION

liam B. Pape vs. Peter H.
 DunaiS.
 State of Connecticut ex rel. Will
 liam B. Pape vS. John T. Der
 win. New Haven County, Mo-
 vember Term, 1885.
 InfOrmationS Tn the nature of quo warranto to determine the title of the respondents to the of flee of registrar, brought to the superior Court at New Haven, and tried to the court, Peasley, J.; judgments for the relatOr, from which the respondents appealed. NO ERROR.
 Vincent A. Scully, with whom, on the brief, was Charles S. o. Connor, for the appellants (de- fendants).
 J. Warren Upson, with whom, on the brief, was Nathaniel R. Bronson, for the appellee (plain- tiff).
 ALLEGATIONS
 Haines, J. The relatOr alleged that Thomas F. Dillane and Henry O'Connor were elected re- publican and democratic regis trars respectively, at an election in Waterbury in October, 1883, and both qualified as such; that Dillane appointed Albert o. Fal- Ter as deputy republican regis trar and O'ConnOr appointed Michael F. Slavin as deputy dem- Ocratic registrar, both of whom qualified as such deputy regis trars; that Dillane resigned May Fist, 1885, and O'COnnOr resigned May 18th, 1885, and both resig- nations were accepted; that on May 22nd, 1885, the mayor of Wa terbury appointed the respondent Dunais as republican registrar and on May 18th, 1885, the re- SpOndent Derwin as democratic registrar, claiming to act pursuant to the charter of the city of Wat terbury, and both appointees were sworn in and assumed the office of registrar; that these appoint ments by the mayor were without legal warrant or right and that the named incumbentS had usurpcd and were continuing to usurp the office of registrar, since by reason of the provisions of General Statutes, section 561, it provided that upon the resigna- ton of 8 registrar the deputy reg istrar shall become registrar and himself appoint a deputy.
 PLEAS OF RESPONDENTS
 The respondents pleas in effect were that upon the resignation of the registrars their offices be- came vacant, and that these re- spondents were appointed by the mayor under and pursuant to the provisions of the charter of Wa terbury, Special Acts, 1881, sec- ton 25, which reads: Any va cancy in an elective office other than that of mayor shall be filled by appointment by the mayor for the unexpired portion of the term" and therefore the reSpon- dents had not usurped and were not ursurping the office of regis trar.
 The pleadings presented to the trial court, and by appeal present to this court, the controlling question of whether the resigna- ton of the registrars created a vacancy" If such vacancies were created, it may have become the duty of the mayor by the. terms of the charter to fill them, but if no vacancies were created there existed no duty or authority of the mayor to make the appoint ments. The trial court held that no vacancies in the sense in- tended by the Legislature were created and that the action of the mayor was unauthorized and void, and it was adjudged that the respondents be busted and ex- cluded and prohibited from exer- cising the functions of registrar. In examining the provisions of section 561 of the General Stat utes to determine its meaning and intent, we note that its language is specific in stating the powers and duties attaching to the offices of registrar and deputy registrar. The former is required to ap- point a deputy and he is author ized to fill any vacancy that Oc- cms in the latter office; he is re- quired to file with the town clerk Q certificate of his appointments to the office of deputy registrar. The deputy registrar Is empower ed to assist the registrar when required and to discharge the du- ties of the registrar when the lat- ter Is absent or unable to act. In case of the death, removal or resignation of the registrar, it is specifically provided that the deputy registrar shall become registrar, and appoint a deputy, and shall file with the town clerk Q certificate Of such appointment. :" Then follows the only provision In re- iatlon to . vacancy in the 0fIice ol rcglBtrar; 'In case e vacancy nhnu ezist in tho ofleo ez Ecgl1~