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

the mayor formed no part of the council, |
not even presiding at the meetings Our
constitution prevents the passage of special
acts, and consequently this law had to be !
made general, which was DONE 1 am in |
ciiued to think that the term city uoun
ell" in the mayors bill means the alder |
,nen. They are elected as members of the
council, and nothing else, while the mayor
is not. Then, the word consent" literally
means to think with another" Don't the
mayor, on voting on his own appointments,
think with himself, and not with another?
| don't think the general assembly ever in
tended to give the mayor the appointment
of certain city officers, and also give him
power to confirm his own acts. 1t seems
ridiculous to ask or require the mayor to
vote to endorse his own appointments.
Our supreme court say, in the case OF
Zarreseler VS. The People, 18th III, page
| lOl, that in constituting statute the in
tention of the legislature will be considered,
and to this end the whole act, the law
existing prior to its passage, the motive for
it's passage aud the mischief to be remedi-
ed or avoided will be carefully weighed.
In the light of this decision, | don't see
how any other construction can be placed
on the mayors bill than the Gne have
placed. Still, the best lawyers have their
opinions overruled by the courts, and our
Judges have their decisions reversed by
higher courts.
| am also sustained in my opinion by the
case of Mills VS. Gleason, 1lth Wisconsin,
strues portion of the charter OF the city
i &c 10 hot l
that part Of the decision applicable to this
case:
But it was objected that the tax was
not leyied by a two-thirds vote. as the
charter requires. 1t was levied by a two
thirds vote of the aldermen but not of the
uncilincluding the mayor The charter
provides that the common council shall
consist of the mayor and alder
men, etc. 1t provides that vote
| to levy tax shall be passed
by two thirds of the members elect, and
it is said that the mayor should be counted
in making up the number OF which the
two thirds is required, But we think
fhis provision relates to the aldermen only.
They are elected as members of the coun-
ell and nothing else; they act and vote on
all questions, while the mayor, although
|
s,ituent parts Of the council. yet he is SC
ia the same sense that the vice president
is part OF the United States senate or the
5 the state We think he was not intended
r to be counted in the provision for a two
third vote.
This caseis somewhat analogous to ours,
2 and | have no doubt but what our supreme
, II
] on the mayors bill if tha matter ever came
q before them.
Rep-How about the power of tht
mayor to remove you and the other Off
GERS, and what are you going to do abou
it?
Mr. rK-This is a question have not ex
q arnined carefully, and am not prepared Il
= give an opinion | contend that when tht
G arbitrary power of removal is given with
e out charges being preferred and an invest
|. igaton or trial of those charges, that tn,
r law which the party acts under must b,
not only strictly pursued but construed
The mayors bill provides that the mayo
shall! appoint certain officers, an,
e the council shall confirm, etc. Thel
y it provides that ''the mayor shal
j. also nave power to remove any officer 81
Is appointed whenever 10 his opinion the in
& terests of the city require such removal
e he shall report such removal, with his rea
sons therefor, to the council at its mex
regular meeting, etc. ="
Mr.. Parish, Mr.. Mcdonald, Mr.. Bushe
! and myself were elected by the counc
.. under the charter, and have never bee
Z appointed by the mayor, etc.
II the mayors power of removal is COZ
fined to every officer so appointed the
a, the mayor had no power to remove u
"A There are several other questions which
"a have not time now to speak of. We al
nc examining the question and if am sat
fed the mayor has the power to remoy
me, shall yield in as graceful and plea
ant manner as | know how. L., on tt
contrary, think he has no such power
he shall contest the matter in the courts wit
MIR. Harmon-I will know and determlr
in couple of days
%, Rep-Do you think Mr. Robinson reno
en- ed you for any other than political re
lis sons?
ed Mr.. K-I think not. Mr.. R. and m
er self have been long, intimate and strol
~ personal friends much more so than ha
he existed. between Mr.. Harmon and NJ
,ut Robinson TIE council rejected Ar Hs
i'm mon, and Mr. Robinson is bound t. 5usta
th and give Mr.. Harmon my office. He
h bound to beat the council. and, as he to
me, "he wants city attorney that is
sympathy with him ard all his measures
This is his right if he has the power. and
,r- dent blame hiu for exercising the rigl
if he las the power,
Re, w hat you think of the mayo
ei' bill, anyway
are Mr.. K-Somebody called Col. Robe
IN Ingersoll's attention to it, end he read
a. and examined it and exclaimed. "Wi
- d-m fool wrote that law" | have
'ei Eesitancy 10 saying that the Col. v
ew right IN characterisinp the author as