The daily Argus. (Rock Island, Ill.) 1873-1877, 1876-02-09

against the other members of the City
council. and they, thus contra -disting-
uished, are termed in this section the
City Council .
Section of article 3. I'm case of va
cancy 10 the Office of Mayor by
reason OF temporary or continual absence
or sickness, the City Council shall appoint
one of its members, by ballot. to pre-
This clearly shows that the term City
Council is used there 10 exclusion of the
Mayor, when there is no Mayor capable OF
acting, on the appointment OF the Mayor.
1t does not say that the Aldermen shall
perform this duty, or have this right. but
the City Council.
There can be no question, it seems to
me, that we are not compelled, er Us ter
nea',, to count the Mayor in this provision
| IN respect to the reconsideration OF Veto
ed ordinance.
| 1t seems to me that the reasonable con-
struction Of the particular provision here
involved incines the mind to the conclu-
sion that where the term City Council is
used it excludes the Mayor.
The provision in the amended charter
is, IAN ordinances and resolutions shall,
before they take effect, be placed in the
office of the City Clerk, and if the Mayor
approve thereof be shall sign the same, and
such as he shall not approve he shall re-
turn to the City Council with his objections
thereto" There is the same contradistinc-
ton Just noticed in another section.
He 1.-THE Mayor returns, not to himself
and the Aldermen, but to the Aldermen,
which are called the City Council.
And such as he shall not approve he
shall return to the City Council with his
objections thereto"
| Upon the return of any ordinance or
resolution by the Mayor, the vote by
which the same was passed shall be re-
considered.p That is to say, those who
had the right to vote before shall vote now
upon the question of its passing over the
veto of the Mayor.
And if, after such reconsideration, a
majority shall agree by ayes and noes it
shall go into effect
Now, it seems to me that the evident
meaning of that is, that the body to which
the vetoed ordinance is returned, and that
body alone, which previously voted on it,
shall now reconsider the vote; and it two
thirds, determined by the ayes and noes,
1 among which the Mayor could not appear,
shall vote in favor Of its passage, 1t shall
become an ordinance, valid in all respects,
Notwithstanding the veto.
, 1t seems to me that that is the neces-
sary conclusion in reternce to the true
construction of this particular ordinance.
r If it were in doubt, inasmuch as we arc at
liberty 10 construe 1t sometimes as lnclud-
ing and sometimes as excluding the Mayor,
we should be at liberty to look to general
principles and analogies for the determi-
nation of the question AS have already
stated the counsel for the Mayor, upon the
argument of tie demurrer, asserted that
the provision was peculiar, and as to the wis
dom of which he did not propose to argue
But if it is not peculiar to the city of Rock
Island, then it does not exist anywhere
The phraseology is not peculiar to the city
of Rock Island, and the provision would be
very peculiar one if it exists here.
: don't know of any case in which the Officer
! controlling the veto power is also to vote
, upon the question of reconsideration.
His functions are essentially executive
as appears not only from general but
y from peculiar view of the charter. He il
member of the Council for some purpos
es, is its presiding officer, gives the castin.
vote, recommends measures to be adoptet
and exercises the veto power; but afte
, all, he is not legislator in the ordinar,
sense. He stands over against, opposed
}; to the members Of the Council in thes
o cases Of conflict of views between hin
r and the members of the Board of Alder
men.
n Therefore do not think it is the tru
. tconstruction of this charter or ever wa
. the intention of the Legislature that i
= this case there should be four hfths of tn
Aldermen required to o7ercome the vet
- of the Mayor, as must be, if the view urge
4 by the counsel for the respondent is The
3 true one.
q The act of 1875, which requires two
thirds vote to overcome the veto is i
# almost the precise language of Sec I, Al
8 Of the amended charter. 1t goes further
n and authorizes the veto of particular item
- or appropriations in an ordinance "A
ordiuauc,s passel by the City Council
~ Now, clearly, the term is used in cor
w tradistinction 10 the Mayor, because tn
N ordinances are passed by the City Counc
and vetoed by the Mayor-not passed b
n the Mayor and Council.
w "All ordinances passed by the Cit
II Council shall, before they take effect, b
deposited in the Office of the City Clerl
r. and if the Mayor approves thereof he sha
70 sign the same, and such as he shall nc
o. approve he shall return to the Council,
10 etc. Such as are passed by the Counc
II and not approved by the Mayor
n Upon the return OF any ordinance b
70 the Mayor the vote by which the same wa
m passed shall be reconsidered by the Coul
or Gil" The Mayor has nothing to do wit
the reconsideration.
, The demurrer, therefore, will be owe
~ ruled.