Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1915-02-06
CONFUSION POINT
MADE BY COURT
COMPLETE TEXT OF DECISION IN
ELECTION DATE CASE RE-
CEIVEO IN CITY.
-ish Tribunal Holds Great Ineonven-
isnes Results " Municipal and
Township Votes Coincide.

COPIES % the decision OF the So
gene court Of this state which de
creed that the city election here and
Ia Moline should be held on the third
TIeseay In April. have been received
b. City Attorney J. ?. Witte- and show
that the big point considered BY the
Llsh tribunal. a. stated yesterday. was
the confusion which would be eliml-
rated lf the municipal election IS
tsld or April 20 rather than on the
sixth. the time % the township vote
Tue decision declared that voters IN
the tJa lship % the south OF Moline
residing in Moline. might be entirely
prevented from participating In the
city ai-ctlOu u o. was held on April 8.
Of c1urue the same would apply 10
south Rock Island township.
Justice Reads Decision.
The decision which clearly shows
tts stand the supreme court took in
ffe ni-ial tcst case OF the city cleo
,ioa laws. vas read by Justice Cart
ur.rl+ az follows.
Leave was given 90 file a petition
fs- mandamus and the petition was
aled The respondent entered his ap-
pfararcc and demurred 20 the petition
ard the cause was submitted for deci-
sion on ths demurrer
The fncts alleged are that the city
% Moline. on Jan 2. 1911. adopted the
commllal1n form OF government pro
vided for In article 13. o. the cities aad
Villages act and held the first quad
rauniai election on the fret Tuesday
in April. 1911. az a time then the
corporate limits OF the city OF Moline
wers cosNteusive with the corporate
LIMITS % the town and township o.
Moline. that since that time the city
q Moline has extended its corporate
hrits b. aEuexinE a portion OF the
t0Tr % South Moline. lying south and
east % the town o. Moline. so that
The city now included the township OF
Moline and a part bat not all OF the
township % South Moline. The pray
81 % che petition % that the court I
command the respondent as city clerk
20 Elvs notice % a primary election |
% be- held the last Tuesday in Febru- /
arr and also give notice OF a city
election 90 be held on the first Tues /
DAY IN April
section .. OF article IL. providing [
s0~ tho commission form OF govern I
meut likes the third Tuesday OF April .
T.fes that 70 cities. which Include I
wholly within their corporate limits 4
tran or towns. such election shall be .
held on the first Tuesday in April.
Tho question % be determined fs
whether a city. which includes the
whole OF one town and part OF another
o. included within the prOvisO. and we
are % the opinioa that Il l. not.
Convenient for First Tuesday.
In cases where the limits OF a town
and city are coeXtensive. SO that they
each include the same electors en-
ttied 10 vote AZ the city and township
election. 70 would serve the conven-
Iarcs % such electors TO have the cleo
lions on the same day and would In no
way interfere with their rights or
rriv.legcs. II g. apparent that this
Fact would influence the Legislature in
cllc-iug the prOvisO in question. but
to interpret the provi@o as including a
cts having a town within its territory
and part Of another town would not
serve the convenience OF the electors.
bat on the contrary would seriously in
terfe-e with and impair their rights
Wc would not attribute such an in
tclti1u 20 the legislature. which must
have had IN mind the fact that in such
a case a. the one presented here vot-
e-H uieht be entirely prevented from
r-rt i1ltiuE in the city election or
could only DO so By sacrificing mater
O.. -rlts and privileges II might
happen that Judges and clerks or
other election officials in the town OF
South Moline would reside IN that part
~ she town included IN the city. and
bl'rg required 70 attend the town cleo
ton iu South Moline. would be pre- I
vertsd from exercising their Figlt 70 =,
vote iu the city. Z
WoGla 5e Oppression K
There very likely would be canti- {