The daily Argus. (Rock Island, Ill.) 1873-1877, 1876-03-20
TPH POWER OF MAYORS UNDER
THE MAYORS Law.
A Decision Which Vindicates Mayor
Davenport of this City,

On the 10th inst we published brief
telegraphic report of a decision Of Judge
Cochrane, of the Peoria circuit court. in re-
lation to the power of mayors under what
is called the Mayors Law" We also
wrote to Judge Cochrane asking his written
opinion for publication. After waiting
or days for reply and getting none, we
wrote to personal friend there to en-
deavor to obtain for publication fuller
report of the case, as we believed it to-be
complete vindication Of the course of
Mayor Davenport of this city and it would
be read with interest by the people of our
city. The following is the reply:
PEORIA, H. March 18th, 1876
To the Editors of the kock Island Argus
Your favor of the 10th inst. requesting
me to send you the decision of Judge
Cochran in the recent quo ,oarranto case
here is at hand. Doubtless the Judge did
not get your letter, as he is now holding
court in Stark county. have endeavored
to obtain copy of the TRANSCRIPT of the
Sth inst. containing the decision, but there
are none left, but [ have, by the kindness
of the proprietors OF that paper, been
permitted to cut the decision from the file
of the paper, which enclose to you.
The facts are that. on January 5th,
1875. Geo. HI. Kettelle was, under the
charter provisions, elected, by the Council,
City Attorney for one year, the Council
haying the right to remove him, under the
charter, by a two-thirds vote, after prefer
ing charges against him. subsequently
the Mayors Act" of 1875 was passed.
The present Mayor Leslie Robison) went
into Office on the first Tuesday of January
last. On the I'd of February he removed
Kettelle from the Office of City Attorney
and Immediately thereafter appointed
Lawrence Harmon, under the provisions O.
the Mayor Act, "a5 suitable person tt
fill the Office" until his (Harmon's) success
sor should be regularly appointed by thu
Mayor and confirmed by the Council
After Harmon's appointment kettell,
instituted this quo aoa1rdnto case agains
him, and Harmon filed plea setting up tn,
facts, as above recited. in relation to hi,
appointment and Kettele's removal, t.
which plea kettelle's counsel filed gener
al demurrer. The demurrer was overrulet
by the Court, and, the relator abiding b.
his demurrer, judgment was rendered il
Harmons favor.
The law of the case was very fully pre-
, sented by the counsel who argued the de
murrer. Counsellor relator, upon the hear
, ing, claimed that that portion OF the Mayor
Act which says And the Mayor shall ais
have power to remove any officer so up
: pointed, whenever, in his opinion, the in
, terests Of the City requires such removal,
means that the Mayor could not remove a
officer unless he had appointed ham, an
that, as Kettelle was appointed by the Cit
; Council, under its charter, he could not b
! removed by the Mayor. The court agree
that-as it was admitted by counsel fC
, Kettelle this act was in effect an amend
ment to the charter, the power Of appoin
D ment and removal was by it taken frol
the Council and vested in the Mayor.
D The Judge did not prepare au opinion
= the case, but what | enclose were the note
made by.a stenographer at the time he al
, nounced his views verbally.
The following is the report as publishe
in the Transcript of the Sth instant: