The daily Argus. (Rock Island, Ill.) 1873-1877, 1875-08-04
state, called the mayors law. in force

April 10, 1873. And therefore the at
tempt of Butler, Bailey. & Co to disap-
prove of the action of Mayor Davenport,
under said law, was failure, and two
thirds of all the members authorized by
law to be elected did not vote for the reso-
luton of B. B. & Go. or vote to dlsap-
prove Of said action taken by the mayor
and therefore, by law, Jacob Riley is the
only legal superintendent of the water
works, and Aldermen Butler, Carse, and
Davis are not members of the water board,
and Aldermen Yates. Mosenfelder and
DAILY are members of the water board,
/. The council having failed to disapprove
of the action of Mayor Davenport, will
now, at its next regular meeting, be called
upon to vote for or against the confrma-
ton of Jacob Riley as superintendent, and
of Aldermen Yates, Mosenfelder and DAILY
as water commissioners, Should they not
receive the votes of majority of the city
council they will then cease to be officers.
as named, until reappointed by the mayor.
But Boynton, Butler, Carse and Davis
are out Of Office now, and have been out
since their successors were appointed, and
will remain out unless they can get s votes
to disapprove of the mayors action, and
all acts Of theirs since the day their sue
cessors were appointed are without author
ity, illegal and void
The personal organ of the factious alder
men advances the very weak idea that
because the charter does not specially
name water commissioner" among the
city officers, and because they were created
by ordinance some ten years after the
charter was passed, therefore they are not
among ''the other officers required by this
act. Here is the very weak theory of the
organ:
In support of his Uhe Mayor's) position he qnotes
from an amendment to the city charter that al the
other officers required by this act'' 'shall be ar
pointed on The second Tuesday in March" and shall
continue in Office until the second Tuesday In
March then next ensuing, and until the appoint
m emit and qualification of their successors." Now
the water commissioners do not belong to ''the
| other officers required by this act" which was
adopted in 1661-ten years before we had any water
board or any need for one and the act under which
| the board was created was simply an ordinance OF
the CITY, which IL void in its essential feature il
void in ALL and If void then we have legal water
| board and cannot have without fresh ordinance
This ordinance makes the water works depart
/ ment . distinct department of the city govern
| ment' under the direction and management of
| commission This commission is Clothed with
and to report its actions TO the
council 1t ia freed ia every respect from the
domination Of the Mayor, whose only proper lnfiu
ence with it is in his capacity as a member Of thu
| body.
The position that the water commission.
ers and other officers named In the water
board ordinance are not among ''the of
6cers required by this act," is unsound
The city charter provides, Art Ii sector
/, as follows: There shall also be sucl
other officers and agents Of the corporate,
as the city council may from time to TIM
direct and appoint, and whose duties shall
be prescribed by ordinance In pursu
ance of this authority the city council, b.
ordinance, directed the appointment o
water commissioners, superintendent an,
engineer. but the mistake they made wa
in providing in that ordinance that theil
: terms of Office should be from January t.
January. which is in direct conflict will
the charter, for the charter provides tina
Il their term of Office shall be from March t
March. Ia this respect the ordinance i
! void, but not in any other respect. Tha
part Of the ordinance fixing the term o
Office is void because no ordinance cal
overrule !or supercede any provision of tn
, charter, but all ordinances must be in cor
1 formity and in harmony with the charter
+ 1t is from the charter that the counc
: derives any power or authority to act @
: all, or to pass any ordinance, and any az
= of the council or any provision Of any o.
e dinanee not plainly and clearly authorize
e by the charter is null and void SO far as
It conflicts, and so far as it is not authorized
Il The position of the mayor is correct an
l. cannot be shaken, and the best thing I'll
% council can do is to repeal the water worl
e ordinance establishing aboard of watt
,e commissioners aud manage the business /
Ie q standing committee of the council und,
s. the direction of the council, as other bus
d ness is managed. The board has no poy
ID er to do anything without authority of ii
" council, and it really has nothing to do e,
to cept to look over some bills and recon
Re mend their payment. 1t is rival, thong
t. subordinate, body to that of the counc
le and there always was and always will
Or antagonism between the two, causing i
. efficiency and delay in the public bushes
IS It would have been thousands of dolla
ty in the peoples pockets had heworks be,
built by committee of the council, und
H. the direction of the council, 10 the fiji
e, place. 1t is an unwieldy, cumbersom
r, unnecessary and powerless body and t
e, sooner it is abolished the better for Il
people, the peace of TIE council, and t
r, efficient and econopical management
f. public business.
= Silk, Lisle Thread, and Merino Und
wear,and all kinds of Gents Furnishi
O Goods in enS fss variety, at Loeb's.
mr. His Head is MuddIed.
he The Gozette should not allow boy
b discuss questions which he can't COMP
hend, especially after making such fe;
r. full muss of it as he has 10 trying to cri