Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1909-01-26
VOTE TO COUNT
THE TRACT OUT
Council lnstructs City Attorney to
Withdraw the Answer Of the City
in Annexation Suit
AGAINST ATTORNEYS ADVICE
Aldermen Are Told Case Can Not BE
Won, But Politics Sways Them-FiI-
terRequirements Considered.

The southern boundary of the city of
Rock Island is once again Eighteenth
avenue, as the result of the action of
the city council last evening in adopt
ing a report of the special committee
to Investigate the status of the annex
alton proceedings, instructing the city
attroney to withdraw the city's ans
wer to the quo warranto suit in the
circuit court Although the city attor-
ney informed the council that he be-
lieved the city would win it's case in
court, the aldermen adopted the CON-
mittee report without single vote in
opposition. The aldermen simply took
the views and contentious of those
who began a contest with the city, and
voted to let the annexation go by de-
fault.
City Attorney Explains.
The report of the committee was
presented by Alderman Prick. Mr..
Prick explained the occasion for the
discussion at the present time and
stated that the committee had found
faulty signatures, and had ascertained
that there was not a majority of the
citizens in favor of the annexation.
The city attorney. j. F. Witter, dis
cussed the legal problems involved, in
GLIDING the validity of an election, the
question of taxation, the school ques-
ton, and the sufiiciency of the pro-
ceedings already taken. He attempted
to explain the delay in bringing up
the matter, stating that efforts have
been made to induce John Bertelsen,
the informant in the suit, to withdraw
the case. He stated that within the
last week he had been told that the
directors to the annexation were about
ready to settle the matter and with
draw their claims. The informant
himself, he said, was one of the sub.
contractors on the remodeling of the
city hall. and although he was deriv.
ing direct benefit from the city, he
declined to put an end to the litiga
ton.
No Right to Decide.
The city council, Mr.. Witter stated
had no right to decide whether the pc
tition was signed by a majority of the
property owners or voters of the tract
That, he stated, was matter for the
courts, and could not be determined
until there could be a careful hearins
in court.
The city attorney took the position
outlined by The Argus when the prop
osition first came up for discussion
that the tract was, as far as the coun
Gil was concerned, already part o
the city, and the matter was not
question for the council, but for thu
courts to decide.
Mayor Schaffer suggested the ex
pense problem, In regard to the fac
that, with the tract annexed, two cleo
tons would be necessary, while il tn
tract is abandoned, the boundaries O
the city and township are coexteasivt
and there is but one election unde
such condiiions-the first Tuesday i
April. The mayor emphasized thi
point, and it undoubtedly had larg
part i'm the decision of the council.
Says 1t Is Tie.
August Schmidt, constable and a.
SCISSOR of South Rock Island, declare
that If the petition is analysed, an
the improper signatures not consi,
cred. the petition expresses an abs
lutely evenly divided sentiments tn
number of sigers just equalling tn
number who did not sign.
After considerable discussion, tt
council voted unanimously to adopt II
committees recommendation to wit
draw the answer to the suit, and aba
don the annexation proceedings Thu
doth progress take the sidetrack, viii
politics brushes by.
Talk of Filter.
The council devoted some time to
discussion of the requirements for Il
proposed filter plant. and went ov
about half of the general specification
provided by the city engineer. 1t w
decided to have plans. specification
and bids submitted to the city Gle
before o'clock March l. Contra
tors will be required to make depo.
OF $50 for each set of six DRAWN
and specifications. The purpose
this is to give the city clerk cont
of the plans, and to make it imp,
sible for one contractor to rreve
another bidder from securing the n,
essary information on which to ba
bid. The $50 is not, as has be
stated by some, to be paid to the c