Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-04-10
FAIL To CONFIRM
With One Exception Republicans
Stand Together Against
Sexton.
HOLDS DEMOCRATIC VOTES
Council Turns Down Petition of Mat
thias SchneIl for Payment on
Twsnty-fourth Street Ditch.

4
John p. Sexton for the ONCE of chief
of police. From the time it was known
| that the mayor would name Alderman
Sexton for this position, the republi-
can members of the council have been
inclined to oppose it, as it was recog-
ni1ed that it was wholly personal ap-
pointment of the mayor as a debt of
gratitude incurred by the loyalty of
| the Fourth ward alderman throughout
the era of trouble just past.
| O'Conaor With Democrats
| Alderman OConnor voted with the
/ democrats, Aldermen Blochlinger. Dau,
| Der, Trefz, and Wilson, for confirma-
ton, the remainder OF the republicans,
Aldermen Pratt, Oberg. Eckhart Tren-
kenschuh, Robbins. Brooks. and An
| derson voting against confirmation.
This morning the mayor indicated
| his purpose of appointing Mr.. Sexton
to fill vacancy from month to month,
and the new chief OF police entered
upon his duties.
Alderman Sexton rendered his resis
nation to the council just previous to
| the vote upon his name for confirma-
| ton. This was accepted. DR.. J. F.
| Myers was confirmed as health com
missioner. August Sehnert as health
officer, William Brough as patrolman,
there being no contest upon the con-
| firmation of any of these nominations
| Ditch Again Rcpudiated.
Alderman Anderson reported the &C
| ton OF the finance and sewer commit
tees. to which was referred Jointly the
| Ioi, -
| city of Rock Island for some compen-
sation for the storm drain constructed
on Twentyfeurth street, and which the
city has refused to accept because
OF the fraud involved in its construc
| ton. There has been considera BILE
barking about the city pleading bank
ruptcy in this case in the circuit court
as if the whole trial had hinged on
that, it being stated time and again
that the credit of the city would be thus
impaired. The petition was denied by
the council according TO the recommen
dations of the committee, which has
this to say in making its report:
Conclusion of Committee.
1--WE find nothing in the records OF
the city council showing that the city
council ever expressed a desire for a
trial to determine the question OF ae-
ceptance and use of the storm drain
as claimed by Mr.. Schnell. On the
contrary. the city council has repeated
ly and uniformly refused to pay any
thing whatever therefor, because OF
the fraud in its construction and the
tact that it was an exceedingly poor
JOB; and 1T has done this without indi-
eating any desire for either a suit OF
trial The position OF the city coun-
Gil has always boon that it has been
defrauded, and would never pay a cent
unless compelled to do so by the judg-
mont of the court, and to that end it
employed attorneys to assist the city
attorney to defeat the suit and gave
them no instruction as to what defense
to make, and therefore expected them
+" present every legal defense avail
able.
we further find that the question OF
the power of the city TO create a debH
was adjudged years ago by the same
court, and that such decision did not
have any effect upon the city's credit;
that its financial condition and power
to create Indebtedness are well under
stood; that the judgment of the court
entered in the Schnell case, Ca copy of
which is attached to our attorneys
report does not show that the case
was decided upon any such ground as
claimed by Mr.. Schnell; and that the
city has not been and will not be af
fected by the defense interposed or
the Judgment entered"
Report From Attorneys.
In connection with it's report, the
committee submitted a report from |
Sweeney & Walker. and Searle & Mar I
shall. special counsel in the case, re- |
viewing the proceedings of the court |
With relation to the question OF in |
solvency they have the following to |
say. in part:
"Mr Haas in his opening statement !
to the jury positively stated that Mr. |
Schnell had performed the contract iii |
every detail except the use of Milwau-
kee instead of Portland cement, and |
that the drain was as good as if il |
had been built with Portland cement. |
but that they would allow the differ |
ence between the two.
Upon such statements of counsel |
dnQ ISSUE Tie tFiucuCc VI the pldfullH |
was taken Sept. 80, 1905, when he
rested.
"Thereupon. we moved the court to
instruct the jury to find for the de |
PENDANT, because the plaintiff had not |
made out a case. This motion was ar
gued at length by all counsel, where
upon the court overTuled the same |
upon sole ground that the proof that |
the city had used the drain to some ex
tent, unexplained, might tend to prove
the acceptance of the drain as con-
but the court expressly held
that the plaintiff had wholly failed to
prove entire or even substantial per-
Sornanee of his contract and could not
recover thereon.
Abandon Contract Claim.
'sThersupon MesSrs. Haas and Weld