Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1858-03-27

DOCKS, tally list tond II neces&ry vsSI
and determine the persons elected voted TOT
1t said election, and shall make out GER
tificate TO that effect for each person 50 cleo
ted, which ahsll be signed by majority OF
the persons and officers above enumerated.
The person having the greatest number Of
votes for any Office Is to be declared elected.
The certificate so given shall be prima 'acia,
that such person il the legally elected OH
Ger to the Office therein mentioned, and by
virtue thereof he shall proceed and qualify
as 10 in this act provided. In case there Ia
no contest or dispute as TO the result Of such
election about one or more Of the officers
voted for according to the provisions Of this
act, then the Clerk Of the city OF Davenport
shall within eight days Sunday included)
after the issuing Of the certificate as above
provided, give TO each person a notice of
his election 10 conformity with said certifi-
cate, aud the Off e to which he is elected,
or such notice may be left al the persons
place Of residence entitled to the same. 1t
shall be each persons duty receiving such
notice OF his election, if lie has not already
done so. to qualify within ten days after the
issuing the certificate aforesaid. Sunday in-
cluded) and failure TO do SO shall he deem
ed and taken as q refusal Of such office. aud
such Office shall be dealt with rs if vacant.
In case of tie between any one or more OF
the officers voted for, or in case Ut contest
on account Of illegality Of the election OF
any one or more Of the persons voted for
the same shall be determined In the same
manner as il it was q question Of tie be-
tween two or more voted for county Off
&c. The election may be ntested for the
hot III l. hor
elections are contested for county offices,
and trial had and decided in like manner.
Is near - practicable. The Clerk Of the
District Court Of Scott County, however act
ing In each and every case of tie and contest
in the place and stead Of the county Judge,
and chapter thirty 1907 commencing on
page fifty-nine (59) Of the code entitled "con.
testing Elections Of county Officers EN-.
bracing section three hundred and thirty.
nine, (339) all intermediate sections to. and
including section three hundred and sixty
seven 1861 shall apply with like power
and authority conferred upon said Clerk OF
the District Court and with like effect
Thereafter in all city elections for the fore.
going purposes in this section mentioned
the Board of councilmen shall appoint said
Judges and Clerks and the returns shall b.
made to said Board and to the Board Of
Aldermen, and the poll books, ballots and
tally list to the city Clerk instead of the
Clerk of the District Court, and the City
Council shall provide by ordinance for cases
of tie and Of contested elections, the Board
of Aldermen and the Board of councilmeI
shall respectively determine the election re
turns and the qualifications OF the members
of their respective Board which shall be
regulated by ordinance in conformity with
this act, the Councilman of the election re.
turns, and qualification Of the Mayor and al
ers Of said city, which shall also be regulat
ed by ordinance in conformitywi'h this act
SEC. s. At the first meeting of the board
Of councilmen or at some regular meeting
thereafter the councilmen shall be divided
by lot into two classes. the seats of those o
the first class shall be vacated at the expira
tien Of the secon d year, SO that one half o
the members of the board shall be elected
annually. If any councilman shall after hi;
election remove from his district for which
he is elected to represent, or be absent from
the city OF Davenport at any one time FOL
| two consecutive months, his office shall
thereby become vacant, Which shall like
wise vacate all other Offices. which by virtue
of being councilman, such person was OIL
might be entitled to enjoy or possess
SEC. 9. The Legislative authority of sale
city shall be vetoed in city council, which
shall consist of board of councilmen, anC
board Of Aldermen, selected as contem
plated III this act. The style of every or
dinance shall be. "Be it enacted by tn,
City Council of the city of Davenport :" tn,
sessions Of the City Council shall be held il
conformity to ordinance unless convened
specially as provided for in section four (4)
Each board way choose its own officers ex
cept clerks. and where it is otherwise pro
vide1 in this act
The board of Aldermen shall choose ,heil
chairman from their own body. A MAORI
ty of each board shall constitute quorum
to transact business. but a smaller number
may adjourn from day to day and may com
pei the attendance Of absent members il
such manner and under such penalties a:
such board may provide. Each board shall
sit upon its own adjournments.
The clerk Of the city shall keep or cause
to be kept journal of the proceedings o.
of each board; said boards seyerally NAV
cause the same to be published, determine
the rules of proceedings, punish member.
for disorderly behavior, and with the con-
sent of two thirds, expel member but not q
| second time for the same offense, but such
expulsion shall be of no effect unless accom-
panied with provision for a special cleo
ton, within two weeks. The boards shall
sit separately and not necessarily at differ
ent times, but may do so at their option o,
convenience. Their delibel atoms shall b.
pubic at all times except when the publ,
welfare shall require secrecy. Every mem
Der of the city council shall have the libert,
to dissent from, or protest against any &C,
or resolution which he may think iniurious
to the public, or any ndlvidual, and have
the reasons for his dissent entered on the
journals of the Board of which he i. mum
Der. The yeas and nays of the members o
either board, on any question shall at tn,
desire OF any two members present be en-
tered on the journals of each board shall bt
signed by the presiding officer respectfully
and together with all papers. and docume Mt
belongi to either board preserved separ-
atsly and in convenient style by tn,
clerks which shall at all reasonable hours
be open to the inspection Of the members o
the city council, and electors Of said city.
SEC TO- Ordinances and legislation o
any kind may originate in either board n u
may be amended, altered or rejected by tn,
other, and an ordinance having paes
ed both boards shall be signed by the pre-
siding officers Of each board and approved
by the Mayor of the city, and dated tn.
day of it approval. No ordinance or othe1
subject Of legislation by the City Council
shall be passed unless by the assent of .
majority Of the members elected to tn,
Board Of Councilmen. and majority o
the members elected the board of Aldermen
and the question upon the final passage O
the same shall be taken Immediately upor
its last reading in each board, and the yea,
and nays entered upon the Journal NJ
person who may hereafter be collector Of
holder ofpublic moneys shall have q seal
in either board or be eligible to hold any
office Of trust or profit under the City Coun
Gil The charter, and the several amend
ments thereto, or the ordinances passed in
tks,A L