The daily Argus. (Rock Island, Ill.) 1873-1877, 1876-03-20
A COMPLETE MEDICATION OF
MAYOR DAVENPORT.
And a Consequent Condemnation {
Butler and His Dictation.

Nothing could be more opportune than
the decision of Judge Cochrane, OF the
Peoria circuit court, published in this
paper. 1t is complete vindication OF
Mayor Davenport in his appointments OF
successors to Messrs. Butler, Mitchell,
Carse, Davis and Boynton, whose terms OF
office. by the terms of our charter. under
which they were elected, had expired, and
they we're merely holding over until their
successors should be appointed.
The case of Kettelle, in Peoria, was
exactly like the cases here, except that IN
Peoria Democratic council was trying to
annoy Republican mayor and obstruct
him 10 the discharge of his duties, while
in Rock Island Republican council was
trying, under Buffers lead, to annoy a
Democratic mayor, and obstruct him in the
discharge of his duties. And what is
better still, in the decision. j Judge Cochrane,
who gives this decision against Demo-
cratic council in his own city. is Demo
crat and therefore can not be charged
with any partizan leaning in his action.
In our city, by the terms Of our charter,
and by the ordinance creating the Offices
of water commissioners and superinten-
dent, the terms Of office of Mitchell, But
Ter, Carse and DAVIS had expired, as also
had the term of Boynton as superintendent.
Mayor Davenport appointed their sue
cessors, but the council, under Butler S
lead and dictation, refused to confirm the
appointment. No two thirds vote dis
approving of any removal was ever OBJ
tanned, but majority vote against con
6rmation, in one case was obtained. But
Judge Cochrane says 9 don't lie IN the
posoer Of the city couucI by majority
uote, or othersoise, to keep any person IN
office IN that ,ooy.' thus showing thai
neither Boynton or Mitchell or Butler Oh
Carse or Davis have been legally in office
since their successors we're appointed.
Was there eyer more perfect condem
nation of the acts of Butler, Mitchell & Co
The decision of Judge Peasants, in re
lation to what constitutes two-thirds of tn,
: Legislative power Of the council, I'VE acquiesc'
in. According to the technical wording o
the mayors law Judge Pleasant.
was wrong-but his reasoning as to
the intent of the legislature, ant
as to what is necessary to har
monize the law with previous acts is un
9 doubtedly correct, and we acquiesce in it
f But no other question was passed on b.
: Judge Peasants. What Mayor naveu
port wanted was decision as to his powe
: under the law; decision as to whethe
!, Butler, Mitchell, Carse, Davis and Boyr
ton were in Office or out; decision as
j the right to contract debt against tn
city by allowing salary Especially Of
q man not legally in ofice) to accumulate
n debt against the city when The city del
t already exceeds the constitutional linli
= These questions Mr.. Hawley. attorney f
the city, has saved for adjudication, an
- - the mayor says he will carry the case wher
n these questions can be adjudcated.
n If Mayor Davenport needed any vinlic;
, ton, lie finds it in the decision of I'll
II Peoria case, which condemns Butler & G,
n for doing what Judge Cochrane says
don't lie IN the po,oer Of aay council to IL