Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-04-21

he said AYE" on one roll call and mo
on the >other in a voice steady and
clear enough to show which candidate
he is for
The whole thing started over pa
per filed with the council by Mr.. Coch-
ran, stating that as the official certifi-
|cate of the judges shows a tie vote.
that he demands that the council de-
clare the election tie and order lets
TO be drawn.
As Legal Question.
Mr.. McEniry spoke on behalf of the
petition, stating that in his opinion
the law makes the certificate of the
judges the return of the election, and
he held that the council exceeded its
authority when the committee passed
over the certificate, declared it to be
incorrect, and taking the uncertified
tally sheet, declared Mr.. Schmid to be
elected. Mr.. McEniry stated that the
proper course, even though the face OF
the tally sheets-of which only one
was returned-was for the council to
uSSidiS tiiC SlSSNiOi d liz anu otoOi q
decision by lots. Then the candidate
not seated may file contest before.
the council, and the council may then
have the right to open the ballot
boxes and count the original ballots
and determine which of|the two is
really elected. This would decide the
contest, and would be fair to both ccn-
|didates, and to the people of the ward.
1t would also protect the city and
make certain the. validity of the vote
of whichever man held the seat.
Mr.. McEniry explained that Mr..
Cochran in this action was not prompt
ed by any ambitious motives, but that
he desired, naturally. that if he had
been elected, that he enjoy the honors
of the office, and that in fairness to
the people of the ward who voted for
him, the matter should be determined
by count of the ballots.
Anderson Indignant.
Then Alderman Tuckis and Alder
man Anderson explained how the can
wasting was done Alderman Ander-
son was very indignant. He did not
propose to acknowledge any mistakes
except on the part of someone else.
The judges of election in the Fifth
ward, he said, were either grossly neg
ligent or entirely incompetent. They
clearly made mistake. The tally
sheets show it conclusiveIy. Mr.
Schmid was elected by a plurality of
five votes, and he did not see the use
of any further discussion of it. And
after so saying, Mr.. Anderson moved
that the petition be received and plac-
ed on file.
| From Warm to Hot.
Then in rapid fire came questions,
answers, arguments, charges, motions
resolutions, and various other steps
that left the situation in tangle.
| Alderman Smith wanted the ballots
counted at once by the council. Alder
man Schmid did not propose to stand
for anything, as "the young man had
not been square"-referring to Mr.
Cochran. Alderman Smith introduced
| a resolution to rescind the action de
claring Mr.. Schmid elected Alderman
Anderson held that such action would
be slap at every member of the can
vassing committee, and he protested
Alderman Holzhammer and Alderman
Smith, the other members of the can
lvassing committee with Mr.. Anderson
said they did not regard themselves as
linfallible, and were willing to acknowl
edge mistake if they had made one.
Alderman Lawler inquired of Mr
Anderson whether he and Mr. Schmlt
were afraid Of a recount of the bal
lots Alderman Ostrom wanted tn,
entire matter referred to the city at
torney to report as to the legal point
involved.
Finally there was before the council
a motion by Alderman Anderson t
receive the communication and plac
it on file, and substitute by Aldel
Imam Smith to rescind the action c
/, the last meeting as it related to tn
alderman of the Fifth ward.
Mayor wouldn't Vote.
The vote stood tie, and Mayo
Schaffer maintained tnat he had n
part in such a question, and no rigf
ilto cast q deciding vote. Both vote
llwere the same.
II Now ethe contest has taken ne
Ishape. The question now to be fougf
llout is whether the resolution by AL
Herman Smith was carried or not. TIL
tliIyolves the question of the right
an alderman to vote after his succe
/ sor has legally qualified. If he hi
not the right to vote, the votes
| Aldermen Oberg, Benson and Ande
son last evening are not legal, nor
that of Alderman Pratt, who favore
Mr.. Cochran's contention This leav'
/ six votes for reconsideration to fol
IIagainst it and in favor of the motto
to receive and place on file the col
munication.
II There likely will be another bait
of wits at the next meeting over l.
official record of last evenings pr
ceedings. This will be based on Il
contention that the four men nam,
have no right to participate in t
/ council sessions, their successors ia
II