Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1899-05-01
FAILS TO QUALIFY,
Charles M. Bowers, Township
CoIIector-EIect, Neglects
to Observe the Law.
REMEDY VESTED IN CITY COUNCIL.

=
That Body Can Make an appointment to
Fill the.yacancy. the Present Incumbent,
Timothy O'NeiII. as Provided in the Stat
utes. to Hold Over Until Such Time His
Successor is Named.
Charles NJ Bowers, township col
lector-elect, is in a peculiar predica-
ment owing to his neglect to observe
the law with reference to qualify
ing for duty. He called upon City
Clerk Huesing at $3.50 Saturday after
noon and stated that he desired to
qualify. He was notified that his oath
could not be accepted because he had
allowed the Limitation as prescribed
by the statues to elapse-
Was City Clerk Huesing justified in
refusing to administer the oath of
Office to Mr.. Bowers? From an ex-
animation of the law it is clear that
he was. Section 50, article . of chap
ter 139 of the revised statutes of ILL
nois is as follows:
Every person elected or appointed
to the office of supervisor, town clerk,
commissioner of highways or collec-
tor, before he enters upon the duties
of his office, and within 10 DAYS after
he shall he notified of his election or
appointment, shall take and subscribe,
before some Justice of the peace or
town clerk, the oath or affirmation of
office prescribed by the constitution,
which shall within eight days there
after he filed in the Office of the town
clerk
Mr.. Bowers was notified of his cleo
ton April 3, hence under the above
section his failure to take the oath of
office on or before April ! s created n
vacancy, rs provided by section Sc of
the same article and the same chapter
of the revised statute.
IF any person elected or appointed
to either OF the offices above emu
merated shall neglect to take and sub
scribe such oath, and cause the certi-
ficate to he filed As above required,
such neglect shall be deemed a refusal
to serve
Authority to Appoint.
Under the law, who has the author
itv to select the township collector?
Section % of article 10 of the same
chapter provides: That whenever
any township shall fail to elect the
proper number of town officers to
which such town may be entitled by
law. or when any person elected TO
any town Office shall fail to qualify,
etc. it will bc lawful for the justices
of the peace of the town, together
with the supervisor and town clerk,
To fill the vacancy by appointment, by
warrant. under their hands and seals"
This section provides, however. only
to townships where the city and town
ship are not coeNtensive, as is the
case in Rock Island.
Section 1873 of article -, chapter
139, provides THAT the county board
in any county under the township or
yanization may provide that the ter
ritOry embraced within any city in
such county shall he organized rs a
town provided such territory shall
have n population of not less than
5000, and provided the city council
in such city shall by resolution re-
quest such action by the county
board The city council, by resolu-
ton. has requested such act by the
county board. The city of Rock Island
has Il population to exceed ), 900 and
the county board has recognized the
and as n town. Section 1871 of the
same chapter provides THAT the city
council in such city and town may by
ordinance provide that the officers
(ofiices) of the city and town clerk
shall he united in the same person;
that the officers (offices) of treasurer
and town collector shall be united in
the same person; that the election of
highway commissioner shall be dis
and that the offices of
and poormaster shall be
and the poormaster APP
pointed by the city council" The
city council has united the Offices of
city and town clerk, has discontinued !
the election of highway commission |
ers and has also provided that the |
Office of supervisors and poormaster |
shall be separated and the poOrmaster |
shall be appointed by the city coun-
ell.
Section 159 of the same chapter |
provides THAT vacancies in any of the !
town offices within such city and |
town may be filed by the city coun- !
ell And it alone has the right to !
fill the office of township collector,
which has become vacant by reason /
of Charles NJ. Bowers failure 10 take |
the oath of office within the time linn
tied by law
The city council alone, without the
of the mayor or any city /
has the sole right to ill this !
office.
If the city council should refuse to /
take any action in the matter, Collec-
tor O'Neill would hold over under sec
ton 80 of article 9, chapter 1S9, j
which provides as follows: Town
officers. except as otherwise provided.
shall hold their offices for one year,
md until otbars arc eIpctad mr. an