The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1868-03-06
Communicated
CAN THE MAYOR VOTE 2

There being four democratic and four rad
lcal Aldermen in the new City Council, it
becomes important to know whether the
Mayor can vote, in case of a tie in ballot
ing for the various city officers. In order
to do this we must refer to the City Charter
as that is the supreme law, for municipal
affairs, and must govern, any precedent or
ordinance to the contrary What does the
Charter say on the subject?
Art. II, relating solely TO "OfScerS, their
Election and appointment" page 80 of the
printed book. reads as follows:
SECTION 1. The municipal government of the
city shall consist of o city council, composed of
the mayer and two aldermen from each ward
The other officers of the corporation shall be rs
follows: A city clerk, a city treasurer, a city at
torney, a city marshal, one more police con-
stables, city assessor, city collector, a city
surveyor, one or more harbor masters, one or
more health officers, and one street supervisor of
each ward who shall respectively perform the
duties required of them by this act, and such ad-
ditional duties rs may be prescribed by ordinance.
There shall also be such other officers and agents
of the corporation as the city council may from
time to time direct and appoint, and whose du-
ties shall be prescribed by ordinance.
This shows us what officers are to be
elected, and that none of them are to be
elected by the people, except Mayor and
Aldermen. How are the others to be elected?
Section of the same Article tells us-as
follows:
4. The officers elected by the people under
this act Except aldermen) shall hold their Offices
Tor one year, and until the election and qualifca-
tion OF their successors respectively. All other
ofhoers mentioned in this act Except aldermen)
ana not otherwise specially provided for shall be
appointed BY THE ALDERMEN BY BALLOT
as i'm oh
hereafter, or as soon thereafter as may be, and
respectively continue in Office one year, and until
the appointment and qualification of their sue
cessors. But the city council may specially ap-
point, or authorize the mayor TO appoint watch
men to continue in office during the Measure az
the city council; Provided, the mayor may be au-
thorised to remove them for good cause. Officers
elected or appointed to fill vacancies shall respec.
lively hold for the unexpired term only, and un.
til the election or appointment and qualification
OF their successors.
1t will here be seen that the officers not
chosen by the people must be chosen 6y bal
tot. and that no one but ALDERMEN can
be be permitted to vote.
! am aware that Art. ", entitled, I" Of
me City Council, its General Pasoe-s and
Duties" page SO, says that 'the Mayor,
wnen present. shall preside at all meetings
OF the City Council, and shall have only
casting VOTE debut that has reference
only TO the general business of the city, and
none at all to the election of officers, and
cannot be so construed or applied.
l am aware, too, that Dr. Truesdale, when
Mayor: arbitrarily and illegally voted in the
case OF tie at an election of officers by the
Aldermen-but he had no right to do so;
and not only was the officer SO chosen, life.
gally chosen, but DR.. Truesdale was liable
to impeachment and removal, for having
committed this usurpation and violated the
City Charter by voting in the case alluded
to.
The officers named in Sec of Art. III
cannot legally be elected by any but ballots
cast BY Aldermen alone; and if the new
mayor shall declare any officer elected By
mas casing vote it will be usurpation Of
susnofisy, unwaszanted BY law, and win not