272 ARTICLE 1A.

office should not be vacated, and the vacancy filled as herein provided,
and such order shall be made returnable not more than twenty days after
its passage, and a copy thereof shall be served on such officer; and if he
shall fail to answer the same, said court or the judge thereof, if in vaca-
tion, shall hear and determine such matter ex parte; and if such officer
shall ansfwer the same, then the said court, or the judge thereof, if in vaca-
tion, shall hear at once and determine the issue raised by such petition
and answer, and shall declare the office of the said respondent vacant,
and order the election of his successor as herein provided, or shall dismiss
the petition, as the proof may justify, and may award costs as may appear
equitable and right.

1922, ch. 96, sec. 16.

16. Resignation by the Mayor or any Councilman elected under this
Act shall be made in writing to the Mayor and City Council for their
action thereupon. In case of the removal of the Mayor or any Council-
man from the territorial limits of said city, such removal shall ipso facto
be deemed to create a vacancy in his office. In case of any vacancy from
any cause in the office of Mayor, or any Councilman, the Mayor and City
Council shall fill such vacancy by appointment until the next succeeding
regular election; provided, such election is not more than one year off,
and the person so appointed shall possess all the qualifications required
by this Charter for such office; but should such election be more than one
year off, this said office shall be filled by an election called for that pur-
pose, according to law, in accordance with the methods herein prescribed
for regular elections. In case of vacancy in the office of Mayor, from any
cause, the Mayor and City Council may appoint one of their number to
act as Mayor pro tempore until such vacancy is filled as provided in this
section, and such Mayor pro tempore shall have and exercise all the powers
and duties while he so acts, and his acts shall have the same force and
validity as in the case of a Mayor or Councilman regularly elected and
qualified.

1922, ch. 96, sec. 17.

17. Each member of the Mayor and City Council and the City Clerk
shall, and they are hereby authorized to, administer oaths in the municipal
affairs and government of the city.

1922, ch. 96, sec. 18.

18. Said Mayor and City Council so constituted shall have control and
supervision over all the departments of the said city, and to that end
shall have power to make and enforce such rules and regulations as they
may see fit and proper for and concerning the organization, management
and operation of all the departments of said city and whatever agencies
may be created fof the administration of its affairs. The Mayor and
City Council shall, by a majority vote, elect from among the four Coun-
cilmen one who shall be known as "Police and Fire Commissioner," and