The daily Argus. (Rock Island, Ill.) 1873-1877, 1875-08-25

The Council constitutes the legislative de-
partment and the Mayor the chief execu-
tive. Under some chartars the Mayor
presides over the meetings Of the Council
and has casting vote, thereby taking
some part in the city legislation. Under
other charters he takes NO part in legisla-
ton, except when he exercises the veto
power So far as the official proceedings
OF the Council are concerned, do not find
any power or authority vested in the
Mayor of this city, except to preside at
It's meetings, to give a casting vote and to
exercise the veto power. He gives a cast
| ing vote, because otherwise the legislation
of the Council might be blocked He is
given the veto power to prevent hasty and
ill-advised legislation, and thereby exer-
ciseS salutary check upon the action of
the Aldermen.
The vote necessary to restore to Office
an officer removed by the Mayor is the
same and to he taken in the same way as
the vote to pass an ordinance over the
Mayors Veto The vote in both cases is
to be taken by yeas and nays, and entered
of record. If the Mayor is to be counted
in ascertaining whether the required two
thirds (Sds) vote has been given to restore
to office, then he also is to be counted in as
certaing whether an ordinance has been
passed over his veto. The phraseology of
the law of 1875, in the two cases. is almost
precisely the same, and is the same in sub
stance. Upon the passage of an ordinance
the Mayor has no vote except there be a
tie vote of the Aldermen. Within Ger
| tain time he may veto it, In so doing he
exercises power antagOnistic to that OF
the Aldermen and in effect casts vote
greater than that of all the Aldermen COM
bined. When that veto power upon 9
particular ordinance is once exercised it is
exhausted. The next proceeding is tC
vote again upon the passage of the ordi
nance and by yeas and nays. The ordi
nance stands before the council precisely
= the same as before its veto, except thai
now it requires twO.thirds (3ds) vote in
stead of a simple majority to pass it
Who are entitled to vote? Only the Al
D dermen. In ascertaining whether the or
! dinance receives the requisite wOthird
q (Sds) are the votes cast for it to be com
pared with the whole number of votes tina
may lawfully be cast or with that numbe
increased by one? If the act of 1877;
t means that the Mayor is to be counted
o then it means that he shall vote yea o
nay, and that his vote shall recorded.
that be the true construction, the law o
II 1875 repeats, by implication, ITO that extent
t that provision of the Charter which say
o he shall only have a casting vote.
II In popular language the word Council
n sometimes used to signify the Mayor an
Aldermen, and sometimes simply the A
e dermen, and the Legislature uses languag
r. with nearly equal looSeness. For instanC
. the General Incorporation Act for cite
y passed April 10, 1872 sand now in forct
G provides that the City Council shall consi:
Is of Mayor and Aldermen (Sec. of Ar
If 81 and Section l of Article six (6) prC
vides there shall be elected Mayor an
:" City Council, meaning evidently a MayC
lie and Aldermen. The first (Ist) section
ct the act of April 10, 1875, provides that Il
in Mayor may appoint, with the consent
n the Council, or Board of Councilmen if Ii
- legislative authority consist Of two house
Ill 1t seems clear to me that the Legislatu
k, here intend distinction between the Ma
in or and Aldermen The Mayor alone a
,;s points and refers his appointments to t
10 Aldermen for their approval His a
prevail he has already expressed by t
pointment In like manner he refers t
"e removal
am of the opinion that the resoluti
81. to restore to office was passed by the
40 quisitc majority Respectfully submltte
''o W. II. GEsT, City Attorney.
at Rock Island, Aug. q, 1875.