Attorney-General Ex Rel. Quinn v. Hunter

The only question before us is whether the mayor, improperly made a party, had the right to vote to break the tie.

Originally the city clerk was elected by the city council, composed of the mayor and aldermen and common council. Section 22, chapter 384, Laws 1846. The mayor presided in the board of aldermen, and in joint meetings of the two boards, and had a casting vote only. Ib., s. 9. Subsequent legislation abolished the common council and vested all powers in the Board of Mayor and Aldermen. (Laws 1915, c. 249, s. 1.)

In 1871 (c. 24, s. 1), the following legislation, entitled “An act in…