30 Colo. 445 | Colo. | 1902
delivered the opinion of the court.
The parties to this proceeding each claim to he entitled to the office of city attorney of the city of Trinidad. To determine the controversy, plaintiff
The facts in the case necessary to an understanding of the questions determined, and upon which the rights of the respective parties depend, are substantially as follows: Trinidad is a city of the second class, divided into five wards, each represented by two aldermen. The defendant was elected to the office in question at a municipal election held in April, 1900. Five aldermen were elected for the term of two years at the municipal election held in 1900, and a similar number of aldermen, with the mayor, for the same term, in April, 1901. On the 14th day of April, 1902, the city council met for the purpose of filling the vacancies- in the aldermanic offices of those who had been elected in April, 1900, and other city officials elected at that time. The five aldermen who had been elected in 1900, over the protest of three who were elected in 1901, participated in this meeting, and assumed to act in the election of their successors. The mayor and two of the aldermen elected in 1901 voted with the five elected in 1900, and selected the successors of these parties. The three hold-overs protesting voted for certain candidates, and thereafter, having declared the meeting adjourned, retired. The two remaining hold-overs, with the mayor and those who claimed to have been elected as successors to those elected in 1900, remained and elected defendant city attorney, who at once qualified and entered upon the discharge of his duties. Afterwards those who had been voted for as aldermen to fill the vacancies by the protesting hold-overs, filed their oaths of office, and with the latter, met and seleoted the plaintiff in error as city attorney.
The laws of 1901 — Session Laws of that year,
The claim'of counsel for relator that the alleged election of the defendant to the office of city attorney by those who assumed to constitute the city council as organized by the mayor and the two hold-over aldermen, and. those whom they recognized as successors -to the members elected'in 1900, is invalid, even if correct, cannot avail -relator, except so far as it might affect the right of defendant to hold the office in dispute, because none of these alleged irregularities give any force or effect to the ineffectual attempt to elect relator. Conceding, then, for the sake of the argument, that defendant was not elected by the action of the council had on the 14th day of April, 1902, the remaining and important question is whether or not he is still entitled to the office in dispute. The act of 1901 must be construed as a whole, and its intent and purpose must be considered in interpreting its provisions. — People ex rel. v. Osborn, 7 Colo., 605. Its purpose was to provide that, beginning with April, 1901, all designated officials of cities of the second class should be elected biennially, instead of part each year. To- this end, it was pro
Relator not having been elected, and the defendant being entitled to retain the office independent of the action of the board in attempting to elect him the judgment of the district court will stand affirmed.
Judgment affirmed.