The daily Argus. (Rock Island, Ill.) 1873-1877, 1876-01-22
WATER BOARD Law.
The Water Board Aldermen Put it in a
Pegeon Hole.

At the city council meeting, last even
ing, the following opinion of the water
board city attorney was read:
To the Honorable City Council of the City Of Rock
Island,
Your clerk has handed me the following
resolution passed by your honorable body,
to-wit
THAT the city attorney be requested to give his
written opinion on the following questions:
First are P. L, Mitchell and Aldermen Carse
Second, Have the board of water commissioners
power to appoint the superintendent of the water
WORKS,
| will assume, for the purposes of this
opinion, that water commissioners are city
officers. The charter provides that all
city officers appointed by the City .Coun-
Gil shall continue In Office till the
second Tuesday ID March next ensuing
their appointment and until the appoint
ment and qualification of their successors.
The gentlemen named were appointed
by your honorable body commissioners On
the 10Th of March, A. d., 1874, and their
regular term would expire on the second
Tuesday of March, 1875. Since the date
last mentioned they have held their posi-
tons by virtue of the provision Of tie
charter above referred to, to-wit: Until
the appointment and qualification of their
Successors
have been furnished with the following
statement of facts upon which my opinion
is based to-wit.
That q your meeting of July 6, 1875, P, L. Mitch
ell laid before you his letter of resgnat water
commissioner.and at the same meeting, lnpursu nee
| OF a motion for that purpose the ma jor appointed
| a committee to wait on Mr.. Mitchell and request
him to W thdraw his resignati IN The committee
called upon Mr. Mitchell and in accordance with
the request If The council he consented withdraw
his resignation and serve for further time and the
committed so reported at your meeting of Jul 10,
1875. At your meeting OF August 2, 1875 "a COM
muncation from the mayor of that date read in
which it Is st1ted that he had accepted the resigna
t1or OF Mr.. Mitchell and appointed Mr.. s, b. Stod-
dard In his place and that he had also notified
Messrs Butler, Carse and Davis that their services
as water commissioners would be no longer need
ed, and that he had appointed Aldermen Yates
Mosenfe der and Daily TO their places respectively
MIR. Stoddard has never qualified water comm g
sloner nor attempted to act such. hat ii wa
not till some days after the committee had waited
on Mr.. Mitchell and he had Withdrawn his resign
alton, that he received notice from the mayor that
his resignation was accepted,
Under the above state of facts it is my
opinion that Mr. Mitchell is still a member
!. OF the water commission, holding over his
term and subject to be displaced at any
time by the appointment and qualification
|. of his successor.
The second section of an act of the legis
lature of this state, entitled AN Act tt
prevent the members of official boards
having control Of public works, from be
coming interested in the construction
thereof" 10 force July |, 1872, and found
on page 1872 of the Book OF Ordinances
provides as follows, to wit:
1T shall be and is hereby declared unlawful fo
any Alderman Of any city, or member of the Boar
of Trus ees OF any village of this sta e. during th
OF Office Tor which he is ell cted, To accept
appointed to or hold any h;e, by the appolntmer
hereof, and any md all such election or appoint
= ment shall BE- absolutely null aud void"
: Messrs Davis Butler and CarseE have
not been removed, and the appointment
I by the mayor of Messrs, lates, Monsen
fielder and Daily as cir successors did no
operate TO vacate their places, because sue
e appointment was null aud void as pre-
vided in the above act Il is therefore ID
6 opinion that Aldermen Butler, Carse an
- Davis are still mem bers of the water com
n mission, holding over their terms unde
d the provisions of the charter above men
d toned.
| Upon the second question proposed
i rhe ordinance entitled, An ordinance ei
IS tablishing water works department" foun
/. on page $40 of the book OF ordinances,
X section 5, provides for the appointment b
the water commissioners of superinte
dent of water works, to be approved /
the city council.
do not zee that the position of superi
er tendent of water works is any more {
or Office within the meaning of the constit
~. ton than that of engineer, fireman, or al
other empioye. 1t is an employment, al
s. not an office. There is no law, state
g municipal, making it an office.
D. am, therefore, of the opinion that ii
4. water commissioners have the power
appoint the superintendent, subject to Il
y approval If the city council.
IN Sickness aud other engagements in
talf of the city have prevented my furnis
ing this opinion at an earlier date. K
specially submitted,
NJ w. Fl. GEsT, City Att orney.
~ On motion of Water Board Alderm
F, Butler, the foregoing opinion was plac
in pigeon hcie.
JUS The innocence Of the water board {
Cer torneyis something touching to behold.
oD says:
ant do not see that the position of Superintend
lck G Inc mer a. any 81 a tbaf o
pr | engineer, fireman, or any other employe. 1t Is
employment. Ii i All Office, here Is no law 81
nd, d! municipai, m sktng 1t az office nu theref
IL ,wer appoint the superintendent, subject to
I'M, approval Of the city council.
,,o Ii the water board attorney had tri
tho very hard he might have found an or
OTTO nance recognizing the superintendent a
city officer, In order to aid him in
further laudable and labcrioas research
ord we will tell him that he will find the or
nance on page 1878 of the new OF
'l'y nance book. 1t was passed April 6. Is
re- and was voted for by Water Board AID
ack men Butler, Carse, Davis Bailey, 8
'rd Woodruff 1t is entitled AN Ordinal
rhe relating to Salaries of Officers" and rel
DIS as follows;
lay Section l. Be il Ordained by the Csty CoUnc;
L the City Of Rock Island. That the several q
iu 0 FIJI, EkS HEREIN NAME shall receive i'll
,ss compensation for tfeir services the following
ana salar es, to-wit.
!, IA The superintendent of water works 81
VT. i've SALARY of one thousand dollars pig ann
the This ordinance distinctly recognizes
on superintendent as city officer and fiz
one his salary as such, aud Butler, Da'
ney Carse, Woodruff end Bailey voted for