Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1899-05-04
Be DONE RIGHT.
The Determination of the Case
of ColIector.Eiect
Bowers.
COUNCILS RIGHT In THE PREMISES.

Attempt to Deprive the Municipal Body
of It's Constitutional Authority Should
Not Be Tolerated-The Course That Has
Been Taken In the Matter Open to Dis
pute.
The differences of opinion that ex-
ist as to the right of G. NJ. Bowers 10
qualify for the office of township col
lector, to which office he was elected,
now that the period fixed by the
statutes within which to discharge
the formality has elapsed, justiiies an
explanation to the public as to the
authority under which he was per-
United to comply with the require
ments of the law at this belated stage
of the proceedings, as was the case
Tuesday. The law, fully cited here
tofore, is very plain on this point,
aud under it's provisions, as they APP
pear in the statutes, Mr. Bowers,
through neglect, clearly forfeited his
office. But the force of the laws comes
from their Interpretation, and as The
ARGUS stated Monday, the only re-
lief under the circumstances of his
case would very clearly come from
the council alone, unless the courts
have given a different construction of
the law as it applies to the case of
an official whose tenure of office does
not begin at n certain specified time
in other words, unless the courts
have held that the law in cases such
as this is directory instead of manda
tory. But as the retiring city clerk and
the incoming city clerk having each
taken different view of the case, the
public has a right to know the
facts. Under the law, as plain
ly stated, the Office to which Mr..
Bowers was elected was made vacant
by his failure to qualify. and in this
case the duty plainly devolved upon
the council, in view of all the circum-
stances, to ill the vacancy. The
contention as TO the councils right to
act in the premises was not raised
with the idea that the council, being
democratic, should be expected to
appoint anyone other than Mr.. Bow
ers to the office. There would be
nothing gained by an attempt to
thwart the will of the people by re-
sort to technicality, but as long as
there was question as to Mr.. Bow
ers' legal right to the Office, condi-
ton brought about by his own negli-
gence, the right should be properly
established by the duly consti uted
authority. If this duty is the coun-
ellis, the council owes il to itself, TO
the people and to Mr.. Bowers. for
that matter, to assert it, but in doing
so the just and only course would be
served by reafiirming the voice of the
people and giving to Mr.. Bowers the
ant OriZed Credentials
Oath Administered by Justice Cramer.
1t is not within the province of any
official outside of the courts, where
there is a difference of opinion as to
the Interpretation of the statutes, to
take hold of proceeding of this ma
ture and dispose of it to his satisfac-
ton. As far as THE ARGUS has been
able to learn, Mr.. Bowers applied to
Justice of the Peace o. +. Cramer last
Tuesday to have the customary oath
administered, and this was done.
This oath was subsequently filed with
City Clerk Schaffer, who acknowl-
edged it and accepted it. Justice
Cramer stated today as far as he was
concerned he simply administered the
oath when applied to to do SO, as he
would in any case, but that,
in his opinion. nevertheless, he
does not consider that Mr.. Bowers
is collector, the time having expired
in which, under the law, MIR. Bowers
should have qualified. Justice Cra-
mer regards the office of township
collector as vacant until filed by the
authority as properly constituted in
such cases. In Mr.. Bowers case Jus
tice Cramer holds that the authority
is vested in the town board. This, it
may be said, would be true, were it
not for the fact that, as cited in The
ARGUS heretofore, the city has availed
herself of certain statutory rights and
assumed powers ordinarily delegated
to the township organization. Under
these circumstances the filling of the
vacancy occasioned by Mr.. Bowers
neglect may be supplied only by the
council, unless court ruling provid-
ing otherwise is to be produced as
stated above.
1t is not that THE ARGUS seeks to
interpose any obstacle to Mr.. Bowers
serving in the office to which the peo-
pie have elected him that this point is
raised, but the collector-elect should
get his Office in accordance with the
requirements of the law, and he should
not be permitted to ignore the consti-
tutional authority to pass upon his
case. And the council has right to
the satisfaction of having the law
produced that takes the matter out of
its hands. and should not pass the in
cident with indifference.
Chronic Rheumatism Cured.
DR.. ii. Is. Hettinger, indianapolis,