The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1880-06-09

There being no other business before the
council, Mayor Thstlewood read the fol-
lowing interesting communication, con
corning the action Of the council in repeal.
ing the vote which confirmed John H.
Robinson chief Of police;
Gentlemen Of the City Council;
At your last regular meeting, as shown
by the record, motion wa, made aud
adopted reconsidering the vote OF a previous
meeting giving the consent TO the mayor
to appoint J. II. Robinson to the Office Of
city marshal
The only question to which | desire to
call your attention Is, whether this is 4 vote
that can properly be reconsidered under the
act OF incorporation and ordinance adopted
by virtue of the authority, which il conters.
Section Z, Article 3, provides that the city
council shall determine its own rules Of
procedure. The ninety.sixth division Of
Section |. Article D. gives the power to the
city coaucil ITO pass all ordinances, rules,
and make all regulations proper or neces-
sary to carry into effect the powers granted
to cities and villages" by this act.
Under and by virtue OF these powers
thus granted, the city council by ordinance
has adopted the following as one of Its
rules of procedure, viz;
ANY member who shall have voted with
the prevailing side, may move for recon
sideraton provided he do 50 at the same
meeting, or at the first regular meeting or
special meeting called for that purpose.
1t is clear to my mind that this rule was
not intended, and does not apply to every
vote that may be taken by the city council,
nor does the general powers referred to
give the right to the city council to pass
any rule that would in any manner con
fiict with the acts Of the state legislature,
The mayors bill provides that the mayor
shall appoint all officers (whose election
by the voters of the city is
not provided for by and with
the advice and consent Of the city council.
by vote OF majority Of all its members,
authorized by law, to he elected, to be
taken by yeas and nays and entered upon
its record.
Now, | say that when any name shall be
submitted by the mayor to the city council
for any Office, the vote is not on the con
tirmation or rejection, but either granting
or refusing permission to make the ap-
pointment, and if the vote shall be in the
affirmative and the mayor shall proceed
and appoint the officer in accordance with
the permission given, il is not in the
nature Of a question that can be recon
sidered, and any rule allowing such u con
struction would be plainly IN conflict with
said act.
If the rule providing for the reconsidera'
ton Of questions was unlimited thus the
city council could reconsider with the same
propriety the vote on the passage of any or.
dinance.
The acts Of the Legislature say that all
ordinances passed by the city council shall
before they take effect be deposited in the
Office Of the city clerk and if the mayor
approves them he shall sign the same, and
that they shall take effect and be in force
in other words when signed they shall
become the law.
| Now, If this rule of reconsideration wa!
absolute, an ordinance passed 10y the cit!
council receiving the votes of si'
members thereof, and duly signed
and having been a law and in force nearl.
a month could be repealed or set aside un
der certain contingencies at the next regu
lar meeting Six members would constitute
quorum. All that would be required, If TIT
four negative members were present, woul'
be to get some member who had voted OF
the prevailing side to move q reconsldera
ton OF the vote. Now think you will al
agree readily with me that this rule coul'
not be made to apply in this case, becaus
it would be plainly in conflict with the la'
OF the state.
The case of appointment is almost par
allie, case; the city council has given it
consent for the appointment of certai
man to certain Office, and after the On
nouncement of the vote and the appoint
ment has been made, there can in my opln
ion be no reconsideration, but the officer