Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1912-08-14


been exemplary or pernicious | have
no means of knowing and do not de-
eide All am called upon to deter.
mine is whether their respective petit
tons for recall contain the genuine
signatures of legal voters entitled to
vote for their successors if an election
is called for that purpose IN number
equal to at least So per cent of all the
votes cast at the last general city
election for all the candidates for
mayor.
NAMES MUST BE GENUINE.
1T is now conceded by all the atior-
reys in the case and it is unQuestion-
ably the law that under the provisions
Of the act concerning a commission
form of government a petitions for the
recall of an officer must be signed by
citizens who will be entitled to vote
AT an election, if one is called. to
elect a successor to the officer recall
ed: that such citizens must themselves
in their own proper persons only,
write their names and addresses with
their own house number, II they have
one. and the date on which it is as
written: that on contest as 70 the
sufficiency of the petition the court or
Judge before whom the hearing is had
signature of every person who is not
must exclude from consideration the
a legal voter; every signature that was
not written by the person himself;
every signature where either the ad-
dress or date Of signing was not writ
ten by the person whose name is
signed opposite thereto; every sig
nature that has been withdrawn, prop
ture. except one, where the same per-
son has signed more than one sheet;
every signature that is not shown TO
Re genuine either by a valid affidavit
attached to the sheet or by proof ad-
duced at the hearing and every sigma
ture where the signer has given a
false and fictitious address.
LAWS WISDOM IMMATERIAL.
1t is not for the court or the judge
hearing the contest to pass upon the
wisdom of the law. 1t is the eXclu-
sive providence of the legislature to
Iass laws, and ii is the legislature and
not the courts that are responsible for
the law. The courts can only apply
the law as il is made by the legisla-
ture. There is a saying among law
yers that has became maxim, that,
where a statute speaks it must be i'm
plicitly relied on" 1t may be and
often is apparent to courts that law
as passed does not voice the intention
of those who first proposed it, yet the
courts are powerless to change the
law to conform to the intention of
its sponsors. II must be enforced by
the court according to its terms con-
strued in the light of the intention
of the legislature as ascertained from
the language employed.
HAD GOOD INTENTIONS.
II was undoubtedly the intention of
the many earnest men through whose
influence the legislature of this state
was induced to pass the law under con-
sideration, TO provide a ready means
Ivy which any officer who should
prove unworthy of the trust reposed in
him by the people, might be recalled
BY the people who elected him with
cut resorting TO the cumbersome pro-
ceeding OF impeachment. II is, how
ever. apparent from study OF the
law as passed, that the intention or
the legislature was, to make a recall
as difficult as possible. That nten-
ton OF the legislature is disclosed In
the provisions already referred TO, re-
1uiring the signatures and addresses
and the dates set opposite them to be
written by the voters themselves IN
their own proper persons only, Their
tv excluding from the classes OF per
sons who may petition for the recall,
every one who. although a legal voter
through ignorance or physical dlsa
biIity cannot write. thereby creating
an exception to the rule that one may
do by another what he may do him
self
LAW Is STRICT.
That intention is further disclosed
bv the provision that each sheet OF
recall petition must be sworn TO by
citizen and voter in whose presence
each petitioner has himself signed
vho must swear that he personally
knows the signatures are genuine and
that they we're signed TO the petition
on the date set opposite the name,
The voter who undertakes to make the
statement at the bottom of each sheet
of the petition for recall. may state or
information and belief that the signer'
we're at the time of signing qualife'
electors and entitled to vote for {
successor Of the incumbent sought tc
be recalled but he may not swear OF
information and belief that the sigma
lures. addresses and dates are genuine
and written by the person whose name
appears there signed. These fact
must be sworn to from absolute
knowledge
MUCH CRIME SHOWN.
Again, it is further provided that ;
false affidavit TO q petition shall be
perjury and that the writing by one
ON A n