The daily Argus. (Rock Island, Ill.) 1873-1877, 1875-07-13

Who are Officers Of the City2

COUNCIL meeting, In sneerlng and insult
ing tone, said to the Mayor: DO you
know what city officer is?" And then
he claimed that the Superintendent Of the
Water Works was not city officer! We
hardly think that West Point bubbles and
technicalities and red tape will prevail here.
The charter of this city. page q, pro-
vides that the municipal government of
the city shall consist of certain named
officers, and besides those named in the
charter
There shall also be such other officers
and agents of the corporation as the city
council may from time to time direct and
appoint, and whose duties shall be pre-
scribed by ordinance.
1t is not necessary to formally declare,
by an ordinance, that there shall be such
and such officers. 1t is only necessary to
prescribe their duties and then appoint the
officers, This has been done in the case
Of the superintendent of the water works.
| The council, by the charter, was author
lied to appoint any new officer or agent,
not named or especially provided for in
the charter, which might be necessary for
the public good, but his duties must be
prescribed by ordinance, not verbally or
by resolution, or in any other way. That is
exactly what was done in the case under
consideration. In fact the council did
practically create and establish the office
by, from time to time, passing ordinances
defining the duties of the officer.
In the ordinance establishing our water
works, passed Aug, IA. 1871. Sec. 5, the
water commissioners are hereby especially
authorized and empowered" by the city
council, among other things. as follows:
80. To appoint Superintendent and
Engineer Of water works, and such other
officers, agents and employees as they may
deem necessary; define their several du-
ties, and fix their compensation, to be dp-
proved By the city council"
Here the superintendent and engineer
are particularly alluded to as officers, in an
ordinance,-they are named as such. and
the board empowered to appoint them and
such other officers as might be thought
necessary-clearly showing that both the
council and the commissioners regarded
and considered them as officers.
The water commissioners had not the
absolute power of appointment, for if
their appointment was not approved by
the council then the Office was vacant. So
that, in practice, they only had the power
to tell the city council who they preferred
for the office of superintendent, but if the
city council failed to agree with the com
missioners then there was no appointment
and the Office was not filled. This clearly
shows that the absolute appointment could
not be made by the water commissioners,
this could only be done by the city coun
Gil, thus making the officer an officer of the
city council.
But this power of appointment has now
been superseded by the late state law, Civ.
ing Mayors the power to appoint and re-
move officers, subject to approval OF the
city council. The power is thus taken
from the water commissioners and invest
ed in the Mayor.
The city council, in the ordinance Of
1871, expressly referred to the superinteu
dent and engineer as officers of the city
and directed the mode of their appoint
ment Not only was the superintendent
designated in the ordinance as an officer o.
the city, when that ordinance was passed
but the city council of 1878, by ordinance
. recognized him as an officer and constitut
! ed him collector of water rates; required
him to give bonds; to provide himself will
= books, etc.; authorized him to publish
notices, return delinquent list to count.
- collector, etc. Also authorized him, allud
ing to him by his official title, to shut Of
= water, in certain cases, etc, alluded to hi
4 fees. his regular salary, &C., sc.
And yet Alderman Butler says he is no
a city officer
r The ordinance of 1871, also authorize
G the water commissioners, Sec 5, sub -divi
sion 4, ito make all needful rules and re
gulations" to carry on the works, "suljec
: to revision By the city council
! The commissioners then proceeded t
: make set of rules, in which they recog
IS nized the superintendent as a city officer
Y and alluded to him as such, in several dill
!. ferent places, and authorized him to grant
% in writing, certain lcenses,-and the cour
# Gil approved and adopted these rules. thu
i giving to them the same legal effect as t
n an ordinance of the city,
d And yet Butler says the superintendent
It is not city officer, and his tools in tn
e council indorse his factious course. Tn
Al people will not sustain the absurd an
preposterous position of Butler & Co.
Il Just received, 500 Black and all othe
Lao 90 oLos SloIo