The daily Argus. (Rock Island, Ill.) 1873-1877, 1875-08-25
What tie City Attorney Thinks.

TO the Honorable City Council of the City of Rock
Island.
GENrLEMEN:-The following resolution
passed by your body at its IL Getting Of Au-
rust d,inst., has been handed me by your
clerk:
WHEREAS the City Council has b., vote of :
To 8 passed resolution reinstating certain officers
assumed to have been removed by the Mayor ana
the Mayor has decided that the resolution did not
pass, therefore the City Attorney be and Is request
ed 10 give TO the Council his written opinion there
Of"
The only question presented to me is,
did the resolution to relnstate certain OH
GERS pass? Otherwise put, the question is
Does the law require q vote OF eight Alder,
men to restore to office an officer removed
by the Mayor, the whole number OF Alder
men authorized to be elected being ten and
the Mayor not voting?
Section one (l) of article two (2) Of the
amended charter, page q, Book of Ordi-
nances) provides: THE municipal govern.
ment of the city shall consist of a City
Council composed Of the Mayor and two
Aldermen from each ward.
Section one ID of article four (4) Of the
charter provides, THE Mayor and Alder
men shall constitute the City Council Of
the city," page Az, Book of Ordinances. J
The act of Feb. 22, 1861. amendatory Of
the charter page 2S, Book of Ordinances
makes the same provision. Section one(l }
of article four az above mentioned also
provides, The Mayor when present shall
preside at all meetings of the City Council
and shall have only casting vote" The
act of the General Assembly Of April 10,
1878, concerning the appointment and re-
moval Of city officers in the first (lstl sec
ton provides.
In all cities in this state the mayors thereof
shall have power to appoiny all city officers (whose
election by the voters of such city i not provided
for by law by aud with the consent of the City
Council. cor III case the legislative authority con
sists of two houses, then by anu with the consent
of the Board OF COuncilmcn) by vote of o ma Or
" OF all its membe!s authorized by law to be elect
ed, TO be taken by yea, and nays, and entered up
on its records. And the mayor shall also have pow
or to remove any officer appointed, whenever il
his opinion the interests Of the city requires snci
removal: he shall r port lch removals, With h
reUsOns therefor to the Councillor In case the leg
atyc authority consists of two houses, then TO thu
Board uf CouuCilmcnl At its next regular meeting
and II the Council by u two thirds vote shall Tor
the Board Of Couuciimon shall by a majpri vote
Of ali It's mcmb1rs authorized by law TO be elected
by yeas and nay, to be entered upon its recorddis
approve of such removal, such officer shalt thcrcb
become restored 10 the Office from which nc wa
removed; but he shall give new bonds and take
new DATA OF Office"
That act is general in character and nov
constitutes u part vi inc CITY CHARTER.
The determination of the question pre-
sented depends on the meaning that is t
be given to the phrase City Council, a
used in the act of April 10, 1875, Does
mean the Mayor and Board Of Aldermen
or only the Board of Aldermen?
This act was not passed as an amend
ment to the city charter of the city of Roc
Island in particular, but was intended I
and does apply to all the cities of til
state, whatever the peculiar phraseolog
of their charters may be- The powers
city government are, in general, divide
into three departments, of the same cha
acter as the powers of state governmeI
Legislative, executive, and iudicia