The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1868-03-07
Communicated.
RI THE NAYoR AN ALDERMAN

The ofhce-seekers are IN q high state OF
nervous excitement over my communication
in regard to the right of the Mayor to vote
in the choice Of city officers. Blinded By
their intense desire for Office and spells and
power, they lookonly TO success, Pc. ing no
regard to Law. The City Charter is the only
guide. and that distinctly declsres that the
officers "shatl be appointed oy tie AlderMe"
BY ballot" and if they are not able 70 agree'
then those in office shall hold. This author
ity is found in Art. II of the Charter, direct
ing how the officers shall be chosen. And
this is all the authority or direction given on
the subject. Nor has there been any amend
ment TO the Charter changing this authority.
The Mayor, in regard TO electing the city
officers, occupies precisely the same position
as does the Vice President Of the United
States on the same subject. He has no
yo.e-not even casting vote. The officers
must be chosen only by the Senators. In
case . Senator occupies the Vice President's
chair, he has right to vote, but his right
comes from being Senator and not from
being Acting Vice President. An Alder
man temporarily occupying the chair would
have the same right-because he is an Al
dermAn, not because he occupies the chair.
The Mayor is elected by the people-so is
the Vice President, and each derive their
authority from written law. The only au
thority for any act the Mayor can perform
must be found in the City Charter, or Rules
and Ordinances made in conformity with
the Charter. In the Article providing how
and BY whom the City Officers shall be cho-
sen, it expressly and poiutedly declares that
they shall be chosen By. the Aldermen. The
Mayor is given no authority whatever, in
the matter.-nor has he any more right TO
vote or give casting vots than has the
Vice President, on the same business.
Upon the ordinary Legislative business OF
the Council the Mayor has that right, but he
has to look for it in the Article defining the
Legislative powers of the Council-a different
Article from the one providing for the elec'
ton of officers. And in that Article il is
expressly declared that the Mayor shall
have a casting vote only; precisely the same
as has the Vice President on similar busi-
ness.
If the Vice President, acting, happens to
be Senator, then he has the rights of a Sen
ator--one of which is to vote for officers
But if he is not Senator, he then has no
such right.
If the Mayor acting happens to be an AL
derman then he has the rights of an Alder
man-one of which the Charter defines to bt
the right to vote for officers. But if he is mo-
an Alderman he has no such right, and if hi
attempts to exercise it q protest should bt
made against the usurpation, and the pres
ent officers should hold, and test the matter
in the courts. The mere matter of the Off
ces is of much less Importance than the lie
gal question-and that is one in which al
good citizens are interested.
To me the question is "as plain as pike
staff" IF the Mayor is an Alderman he ha'
! the right to vote if he is not an Alderman
he has no such right, and any attempt to ex
ercise it should be denounced as a usurpa
ton, and resisted by all proper legal steps
until the question shall be judicially deter
mined whether the Mayor is a Mayor ant
an Alderman too. 1t might, perhaps, b,
well to get the Legislature to so amend on
Charter as TO give the Mayor the same RICH
| to vote as is now given to Aldermen-hut un
| til this is done he cannot legally do So
| do not believe Mr.. Murdock will be driver
to exercise or assume any doubtful powers
but will exercise such powers only as are clear
| ly granted to him. If he consults his oath
or his popularity with the people, he will cer
tainly take this course.
CONSTITUTION.
Rock Island, March Z, 1868.