The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1881-02-22

Divsrsa Opinions as 30 les Effect on
Hoid-Over Aldermen.

The council meeting last evening was an
interesting one. especially 30 from the fact
that the question of the legality Of the
hold-cvsr aldermen retaining their seats
was argued tat length. Two opinions
were submitted, one by City Attorney
Corbett. who held that the council could
not legislate an alderman out OF office !;
that member of the council is elected for
a certain time and no edict of the council
passed after his election can legislate him
him ont. Dir. Corbatt gave numerous
quotations in support CT his theory. the
sole point being that it was not within the
Jurisdiction Of the couacii to declare seat
vacant except for cause,
Aid. Lundy held differently, however,
and gave some eogent reasons why some
of the aldermen, under the redistribution of
the city. are not legally entitled to hold
their seats He held that new boundary
lines created new wards, and that the new
territory was not and could not be censtru-
ed 70 be. the original constituency OF tho
slderm an affected. Mr.. Lands's view of
the IN after was based on the theory that
the council did not really lsgislate the
aldermen out of Office. but snly refer led
war dimes, thus destroying original bound
aries,
Mayor CArsa, to satisfy biuseli, had
obtained written opinion from Ex-City
Atty Gest. aud had 1t read lis very
concise and clear in it's language aud readily
understood. After noting the new ward
boundaries etc, Mr. Gest says
mo new territory has been added to
the wards which Warnock. Stephens anu
Spencer were elected to represent, but
some has been taken away. L perceive
no reason why they will nos legally repre-
sent. for the balance of their term, the
present First, Fifth and Sixth wards in
which they respectively reside. New terri
tory has been added 10 the wards IN
which Browne and Luudy reside and
some Ut the old has been taken away. 1t
cannot be said that they were elected to
represent the territory or the people now
constituting the wards in whiah they live.
None of these gentlemen reside in tbs
present Third and Seventh wards. The
Alderman cannot be said to represent the
old wards for the coming year. If this
were so. Mr.. Stephens would represent
the Sixth and Seventh wards and one
Alderman would have to be elected in
each of them and there would be then
only three Alderman for the two wards,
and worse complications arise in the
other wards. Tbs mere change of names
or Bumbers of the wards is Of no signih
canoe. but the addition of territory and
population is. The council cannot by leg
islatiou make hessrs. Browne and Lundy
aldermen Tor districts in and for uhich
they were not elected, but the council may
By the exercise OF its power 10 make and
change the boundaries of wards lsgislate
its members out of Office The conclusion
| have reached is that Msssrs. Warnock.
Spencer and Stephens will for the ensuing
year represent respectively the Eirst,Fifth
and Sixth wards and in each of those
wards one Alderman should be elected at
the next election; that hessrs. Browne
and Luudy do not hold for the remainder
of their term, but that in the Second,
Third, Fourth and Seventh wards two
aldermen should be elseted ct the next
election.
This view seems to be squitabl offers
practical solution, bat somehow the
couneil did not seem to so regard 1t, at
least that part of it which would require
the withdrawal Of Aldermen Landy and
Browne-or if they did the vote does not
Indicate it, for, motion by Aid. Lundy
to carry into eject the opinion of MIR.
Gest, received only lEO votes, Mr.. Lundy
aud Mr., Schmidt.
Aid Lundy offered a resolution reciting
that Aldermen Stephens, Spencer and
Warnoek were entitled to bold over, and
AID. Stephens offered an amendment in
Guiding all the bold over aldermen. This
was adopted to 2-the latter Lundy and
Sohmidt,iard SO the matter rested.
Aid. Lundy then promptly rendered bis
resignation, stating that be did not con-
slider himself as representing the same
constituency which elected him; that
under the new apportionment be was not
entitled to hold over. No one seemed
disposed to act on Lundy's rekigBctiop, so
he moved it be accepted, but there was
no enc who would second il, and the rssig
nation was not acted upon.
Aid Lundy refused so withdraw his
however. aad it was fled to-
day TO take fleet at The close of the pres
ent fiscal year.
We think the opinion of Mr.. Gest 10
clear ard that il will stand the test of
judicial appeal Clearly the Second ward
W hich Mr. Luudy was chosen to represent
is not in part Or whale the Second ward
tudor the new apportionment, nor is the
First ward. which Mr. Browne was chosen
to represent, in part or whole the First
ward nbder tue new apportionment. hence |
neither of these gentlemen would seem TO
be the legal representatives Of the new
wards, 10 which they now reside. Aid. |
Lundy will not continue to hold oyer after
he end Of the present fiscal year. Aid. |
Browne will. and maintains that he
cannot be legisiased out of Office. how,if |
le remains, the question is what ward
will he represent?
IF the worth Of anything is proven by
D. rasulka than sursiv Dr RuII's Caueh