The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1881-08-16
CITY COUNCIL.
Adjourned Regular Meeting.

~-"---N' ~-"'s ~~~o>ASs ~@~'s ASSA' '
Present his Hor. Mayor Thistlewood
and Aldermen Blake, Hinkle, Hughes,
Suap, Swoboda and Wood-6
Absent Halliday, Kimbrough, Petit
and Paher--4.
On motion OF Aid. Wood the minutes
of August End relating to approval of
bonds for filling streets was corrected so as
to have them read as follows "Bonds Of
the following persons for faithful perform
ance of contract for filling streets were read
for approval; Thomas Meehan, l.. Leith,
A. Amount, j. Smith, Dan Franklin and
Ed Basley, and Louis Leith and j p.
Smith,
Alderman Blake moved to approve of
bonds Motion carried.
Alderman Wood moved to approve Of
minutes as corrected without reading.
Motion carried
REPORTS OF OFFICERS.
Vim. B. Gilbert, corporation counsel, to
whom was referred last portion of resolu-
ton Of Alderman Wood, asking opinion of
corporation counsel as to the legality Of
section Of ordinance No. as, submitted
opinion which was read at length. Alder
man Blake moved to receive, file and print
with the proceedings Motion carried.
Opinion Incorporation counsel as to the
legality OF section s Of ordinance No. AS:
Hon. Mayor and City Council Of the City ofCsiro:
Your resolution, referring to me section
8,of ordnance No.45 for my opinion as to the
legality Of said section, has been LAID before
me and has been duly considered.
Said section 8 is in the following words,
to-wit. "The street committee are hereby
authorized and directed to adopt all neces-
sary measures, to carry out the provisions
of this ordinance, relating to the filling,
drainage and improvement of said alley
hereby established"
| AS we'll as can determine from the pre-
smbe of the resolution, the question which
am called on to answer is whether the
city council may legally delegate TO its
street committee power to carry out the pro-
visions of ordinance As.
| Ordinance As seems to have been regular
| ly passed by the council, and approved and
signed by the mayor. All the parts Of an
ordinance regularly passed and approved,
are legal, unless they violate, or contravene
some provision Of the constitution of the
| United States or of the State, or some clause
Of the general municipal incorporation law,
or some other general law.
cannot find any such violation in said
section 8.
Ordinance 45 provides the manner IN
which the money shall be raised for the
filling, drainage and improvement of rail-
road alley, and sets apart the money SO
raised as a special fund for the filling,
drainage and improvement aforesaid. The
power granted in section eight in no manner
violates, or contravenes, section 10 of arti-
Gle three, or section so of article nine of the
general municipal incorporation law, COM
monty called the city charter.
Neither the preamble, nor the resolution,
informs me whether the contracts for the
filing, drainage and improvement of rail
road alley were let to the lowest RESPONSE.
BILE bidder in the manner prescribed by or
dinance; and am not called upon to an
swer concerning the validity OF the con-
tracts; nor am | called on to say whether
such contracts,i it they were let in good faith,
and without fraud, by the street committee,
would be obligatory upon the city.
/; Nor am called upon directly TO express
an opinion concerning the appropriations to
| pay for work done under such contracts |;
and it is probable it is not disputed that all
such appropriations must be passed in the
mode pointed out in section 10 of article
! three of the city charter; that is, by the
concurrence of majority of all the mem
bers elected on call of the yeas aud nays.
And the only question for me to answer
is, whether the city council could legally
delegate authority and power to it's street
committee, to adopt all necessary meas
ures to carry out the provisions of ordinance
40, relating to the filing, drainage and i'm
proyement of Railroad alley.
have no hesitation in answering the
question in the affirmation. And | base my
opinion, FIRST, upon the authority of judi
clal decisions; SECOND upon precedent.
lst.-The powers of city council may
be properly divided into two classes, first,
LEGISLATIVE powers, second, MECHANICAL
powers. The FIRST class includes the en-
acting OF ordinances and the passing Of re-
solutions and orders, and such powers can
not be delegated. The SECOND class consists
OF what are called by some law writer's
MECHANICAL powers such as letting con-
tracts, examining aud receiving work done,
under contract, executing orders on city
treasury, etc, and THESE powers can be del
egated
Many powers, called MECHANICAL, are
granted directly, and some implicitly, to
various officials connected with the city
government
See Dillon on Municipal Corporations
Vol I, side page 377. Sugden, on powers,
| p. 176, 1. Hills New York Reports, p. sol.
End. The city council possesses only such
powers as are granted by the general NUM-
cipal incorporation law. But within the
scope Of its powers, its Legislative authority
Il