The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1853-09-17
The Powers Of Mayors.

to concur with the MAYOR OF Rockford, in the
conclusion tia, the law which confers upon him
judicial powers, Is 10 eouaict with the first aud
twenty se,,,fA section. Of the d,h article of our
constitution That section il as follows:
"Trcg,t.rp,N,r nf the state shall be ard
is hereby vested in 'ur >u.rrm' court, in circuit
cox,~ lr rraniv CruIs. AMI iI is.'icrs Of the
ponce irogili nn ir'.r.r lycl courts Of
evil ani criminal i.ri.d'cuon r'H, bc established
l.. rht cities o no, ,'Gr br' such courts shall
have a uniform rs,uA;ian a such 'r;rs'
Ghetweu'y >cy,uh se,ion rroy.les for the
e,,r,,o o., slices of thc pre,', and declares
,a.' .ary shall bold 'J.ir uGa, ior four years
and ant! 'hr.t successor. ,h., have been elected
ava qr,,G-i'
Vr,ag. 70 tie adoption Of the constitution,
The ciu,, Of S.uu-d,. mi Quincy were incor.
r,H'ei, ar 're; charters provided that their
.asrrs saos'l s., ,isc;cl for one year. and
-h,g'l We c,um. ouei as justices of the peace,
anl,'uu'I have exclusive jurisdiction in all cases
sri,r. UNDER ,be ordinances Of their respective
,.G,'. frequently, in 1919, a general law was
g.,-.j, GuthUTzine towns Of populations Of iii
teen huulred or more, To o'sluEe as cities 10y the
adoption Of those charters under the general law,
the city Of Rockford became a city Of which the
defendant was elected mayor, and in pursuance
Of the charter. was commissioned "a justice Of
the peace, iOt one year. This was done slnce tie
adoption Of the new constitution. We cas- AT.
rive at no other conclusion than that the prOvi-
sions Of huse city charters, which authorized the
mayor, 10 us commissioner as justices oi the
peace. aud vested them with lIIJeIai powers,
ere abru;ttrl by the new cuus,,uilua UvcaG>e
they are Iurun-I~lrut wish n. They Cannot be
luslcr, uf the peace, BECAUSE they cannot hold
Le office Tor Ihe pr,scl Oe,! Zine. ibey are elec
ted Tor but one Year aud ave Toy the law only au'
rhol Il 20 br commissioned ior that Ire whereas
the Constitution declares hat slices ui The peace,
shall bt elected lUI four years. and TOR that period
must they qualify. The defendant was not, and
could roJ by the cjty charter, b. elected for the
required period Of IruJ. When the urw con>ti.
,u,on TOOK effect, ANY provisions Ola former law
winch Wa, Inconsistent with II, became As much
unconstitutional, ~ II the law had been suuse.
qIrutly passed. \ law cannot he N force IN the
,u.te, uu matter when passed, which cuntraytncs
the provisions Of ihe constitution Of the st,te.
y" legislature "r," nave thought OF passing a
Law sn't Tue "''P."n o' 'n'' e"HS''I"'''' nu'
"yi'EN5 Tue eIec.'''" " Ju''''es "i 'he peace '"r
= si'I'vt ie'''u IVA" ."at years. OF aS'h"rlzhs
any mayor "r "'He' "iA'ris q" act as justice ol Tue
peace whose term 81 vlh'e H'u not correspond
""h '-e term prescribed oy thr idHlimrh'"l law
Cor he term vi ufiicr OF Justice OF the peace
S4cn m A'lemP' Oh Tie p'' OF ''e 'e-L''Hie'
"uad oe sh un1',su''.i "s-u'HP'iuh OF power
a.. rI .lttF.
wien me! are 'AptsS'! p''hipneu 10 eAtiel7e'
Except a. justice OF the peace It IS very clear
li"t the mayor e'l.I exercise TO Ju''''iAl power
Here be " % atUulitIrU ~ UtstCe thAt lie
.a.ai Judge uf the supreme. circuit. ur count.
cuurt, ar that he WIS the ia ige VI an iirfur 10.
cal court, IN The city wnca had teen established
uy the general assembly under the pruyi-u
10 the inst section quned under that provl.
50, no attemp, has been made to establish
4 court N the city 1T R,ckt,rd. nor can here be
ans prc,ence that the defendant has been elected
the Judge Of any such curt or any court I'm.
les he was such I1dSe or ri'i'ce OF the
peace. no law coult vest lin Wild Jdllchi pow
rrs, TOR 10 those vtAcrs a'"e i the eh'fe JGdicHI
power OF The state vested % me constitution.
" mayor alone the ia" would Ice As incompe'
tent to vest aim wl;h Ji1cial power 10 i would
the governor ur speaker ct the mouse OF r"presrn
tAtTrs. The con t'n"on iiseli h's disposed o.
,he entire JHdlcla' power oI '"e Nhle' ahu has
+ exhausted lhht ss'J'C. 'Hr ltsl''A'ure may
mHINp'y some oi We 'Hl,t', VINO are ny ''' CON
, -'HHH'I, vested WIN l'H'i" power hHi "he"
ihit is doae Il ]. 'he constitution "hIch 'ts's me
power 40 u"uo' nv "'d u" ni"F CONTINUE 10
10 N