The Cairo daily bulletin. (Cairo, Ill.) 1870-1872, 1871-06-07

The Cle-k loii before the " a. orSt.
lnl Ear IN nrjip,ncc entitled g.. W
nance To amend ordinance NO. ""
,o,hor with the Mayors objections thereto
sdd objection, being in the following
!. words
ten iemen ofte ulty Connc" .,
+ herewith respectfully return to YOU
,,r your consideration the ordinance '"-
2. MI Jan ordinance to amend ordinance
, Y a. and will state briefly my reasons
c,r nn, ,pproving the same, rms APP
.o.al hive withheld tho more reluct-
d p,,ly because of my having, before ITS
n'..soe by the Select Council, expressed
q ,nv.rif favorable to its adoption.
Moreover. the views | may express or
' 40, forth herein may, very properly,
pcrhaps. b. regarded rs IN cohn'ct
= with much Of the action OF the CITY gov
1 etnment heretofore taken, ana IN conn
b. with n, least some OF the present RUE %
:, proceeding of the City touneh III "n"' =
termed it, JOINT session. -, :,
@ ;ntsrfcro with established forms, usages or
n rnlos but in this matter as in all others
tho only thing we have to do or can DO
Is TO inGuirc what our duty Is, ana having
!, osceriaincd TO our own satisfaction what
, itis. then TO 90 forward in its performance.
The CITY Charter of 1867 created City
Council consisting of the Mayor and Board
of Aldermen, and conferred upon the same
certain rights and powers set forth IN sec,
| ,.ons6 Z 8. q &c, of article OF SAID
Charter. Said City Council SO consti-
tuted exercised the whole legislative au-
thority of the city government. 1t was
so to speak. n general assembly OF single
house of delegates or members.
The amendment made to said Charter
in 1869, devested the old City Council of
the whole of its authority, and vested it in
IA body to be styled the City Council
which shall be composed of two branches,
D one of which shall be called the Select
n Council and the other the Board Of Alder
n | men,.
This language Of section one o. of the
D amendment is exactly the same in sub.
10 stance a. that Of the new constitution OF
the State, which provides that THE legis
- lative power shall be vested in Genera
~ Assembly, which shall consist of Senat
and House of Representative
10 The amendment of 1869 makes the Sc
lect Council separate, distinct and indie
~ pendent branch of the legislative author
" ity and, in express terms, makes section
- CT, 8, ., 10, II, l3 and IA, of article 2 {
DO the Charter of 1867 applicable to said 81
lect Council, giving it thereby authorit
- to Judge of the qualifications, elections an
70 returns of its members, 10 determine con
" tested elections, to expel men
bers, make its own rules Of proceeding
70 keep its own journal-making it, in fac
almost completely what the City Counc
N was under the charter of 1867. 1t was,
:" would seem, the creation Of IA new and a
additional City Council, with the sam
powers given and restrictions imposed, q
n those given to and imposed upon the oil
City Council.
6 Formerly there was simple body
C now, there are two bodies, possessing lik
Q powers and controlled by like restrictions
Each body makes its own rule of proceed
r ing, and neither has the right to max
, rules of proceeding for the other 1t Ger
: tainly cannot be that these two brancht
can act separately whom they choose, an,
10 jointly when they so choose, and their &C
J. tons in both cases be valid and legal.
u" can find no authority whatever in tn
u charter, or the amendments thereto, 70
o the transactions of general or other bust
ness of the City Council in IA joint session
of the two boards, except in the singh
case Of the election Of officers, provide,
for in section ii of the amendment. Ant
t, to my mind, this requirement of tn
amendment, touching the election of Off
GERS in ~ joint meeting of the two board
Is strong evidence that without such pr,
vision such joint meeting could not pro-
Nd erly be had or held.
Nor can we conclude that because I'll
amendment of 1867 requires tho concur
~ rent action of both boards in the passag
W of ordinances, that, therefore, all othe
| 4 10 do, I'll
y Joint meeting of the two boards W
/, might us well claim that because the con
" stitution Of the State, in express term, re
II quire the concurrence of a majority of tn,
members elected to each House of the Leg
n islature for the passage OF any law, that
therefore all the other business Of tn,
=" Legislature might be transacted IN n join
session of the two Houses, us well AS tn,
;, election of Senators to Congress.
4 | do not overlook Section Ia of Articl
5 of the Charter of 1867, which provide
TINT "all ordinances shall have two reaC
, ings mt length on separate days in the Git
= Council before their passage Undo
Il the present city government, or under Il
amendment Of 1869, there is no single bod
corresponding to the City Council of Il
Charter of 1867. This Section II of I'll
~ Charter is substantially complied with,
10 this amendment, by reading the ordinanc
the requisite number Of times before enc
,o board.
w The two boards may no doubt hay
their joint meetings, appoint joint sop
~ mlttces, hear reports, petitions, otG., nm
do all other such matters and things II
b, will tend 10 inform the members, and pu
w the business of the council in prope
shape and condition for presentation t,
aud action by the separate boards.
. This ordinance which in effect goes ia
toward the doing away with the separate
boards, and transferring their business T.
Il joint meeting of the same, Is 80. ihn
reason Objectionable. Its object may b
0 very desirable, but that is apoor criterion
by which to Judge of its legality.
, TIE importance ofthe matter, cspcciall
IA in connection with the contemplated rcvi,
ION of the ordinances, is, ] trust, suiii
NJ Gent apology for the length Of these re
marks. JOUNM IANSDEN
n, Cairo, Ills, May 10, 1871,
The question then bsing shall the til
pass Notwithstanding the objections of thu
: Mayor II was decided in the negative