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

Inc letter IS piece OF special pleading to
fit the case and aid Butler & Co. in hold
ing on to an Office from which they have
been legally removed. The letter is dsir-
genuous. 1t does not fairly state the whole
case. Mr.. GeSt iabors hard to show that
the mayor is not a member Of the city
council. He says:
Under some charters the mayor presides over the
meetings of the council and has a casting vote
thereby taking some part i'll the city legislation
Under other charter he takes part in the epis-
lallon, except when he exercises the veto power, |
There is no city charter in this state
where the mayor does MT form part of
the city council and preside over the de-
liheratiens and take part in the acts of the |
city council, as provided in their charters, |
except Chicago under its old charter.
Mr.. Gest says:
II the mayor is to be counted in ascertaining
whether the required two-hrds vote has been given
10 restore TO Office. then he Is also to be counted in
ascertaning whether an ordinance has been passed
over his vcto,
| Exactly So,--the law warrants it in both
cases. Why did not Mr.. Gest quote it?
We will dc so, The language of the may
or, law, which, Mr.. Gest says, now colsti-
tutes part of the city charter is that
IN Case OF an appointment, "a majority OF
au ats the council'sl members authorized
6y faU to be elected, is required. And in
case OF removal, IF the council by two
thirds vote of all its members authorized by
td,o to be elected, shall disapprove OF such
| rpOnoNrol cr,ab az ,bon ti,orol,, Io.,,,o
restored to the Office from which he was
removed" ETC., etc. And in case of an
attempt to pass an ordinance oyer the
mayors veto, the language of the mayors
law is, if two thirds of all the members
elected to the city council, shall agree, etc,
etc. And the language Of the charter
which, Sec. :. Art, III, is now superseded
by Sec ,. Of the mayors law, is-''a ma
jOrity of all the members elected to the ctty
council" etc.
Now, the mayor is member elected to
the city council authorized by law to be
elected. The language of the original
charter is that, there shall be city coun-
Gil, to consist of a mayor and board Of al
dermen." it required the mayor and
board of aldermen to make the council, it
was not a city council without both. The
language of the amended charter is:
The municipal government shall consist
Of city council, composed Of tie mayor
and t'co aldermen from each aoord. -
''Ihe mayor and aldermen shall constitute
: the city council" Hereafter the NUM-
! cipai government of the city of Rock Isl
and shall consist of the city council, COM
. posed Of Mem0yoI' aud t,co aldermen from
each ,rdrd. etc., etc, This is the Ian
guage Of the original charter the amend
ed charter, and the amendment t.
the amended charter. There i.
no city council without may
or. He is as much a member o
4 tie board as any Of the aldermen-is tht
:, first member named of it in every case
k and the council is incomplete without him
o His duties as member Of the council are
:, defined by law, SO are the duties Of thu
n aldermen; and both he and they mus
: be counted in making the number. because
II the law declares them to be members AL
d thorized by law to be elected.
: Mr. Gest says:
n In popular language the word council is som,
n times used TO ignify the mayor and aldermen, an
sometimes IMPLY the aldermen. and the legisl,
. ture uses language with nearly equal looseness.
y Here Mr.. Gest is disingenuous agar
Sc We are not discussing popular" phrases
a. we are discussing legal phrases, the langu
m age in which laws are written, and til
&c meaning Of words as used in the law. NJ
to Gest knows that the Legislature don
lis write or prepare the laws which it passes
il. they are generally prepared by son
D. lawyer who ought to know how to u
lie words. For instance: Our amende
p, charter was written by Judge Wilkinson
let prepared with great care and though
Months consideration were given to
and the legislature simply referred it to
cOm9itteee, the committee reported
'e- bSek and the legislature passed it.
by that charter Judge Wilkinson was caref
lin to provide, in several places, that tt
TT, mayor should be a member of the ci
DIV council, and in Sec 7, of Art III that
OF should require "a majority of all the nle'
mt berS elected to the city council to pass
cir ordinance oyer his veto. And he W
is equally careful to provide, in Sec. +,
Art II, in relation to the appointment
I subordinate officers, that they should g
3D. appointed by tie aldermen mot the CT
r no councill by BALLOT and III Sec. 6, of t
10 same Article, for the removal of subordi
ut ate officers, that they might be remov
to by vote of twG-thirds of all The dldern,
w authorized by law to be elected" In a
or. pointing commissioners to assess damag
lal in certain cases (page 56) "a majority
: all the aldermen authorized by law to
~ elected shall be necessary to the choice
We &c, &c But in section >, Of the sar
NJ article, the language is that ''tte city COZ
to eli shall have power" &c, &c. An
lbs page -, Y 8. Neither the mayor
himself or the city council 1.-THE mayor a
= aldermen when in session shall remit a
~ fne or penalty, &C., &C., Or relase fro
II, imprisonment, unless two-thirds of all
or, dLdermeU authorized to be elected, sh
~, vote for such release" &C.. &c.
-. These phrases are Judge Wilkinson
he and were selected after due care, thong