The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1922-01-31
BRUNDACE SAYS
LAW SEEMS TO
APPROVE PLAN
a
Township Extension to City Bound.
airy Lines Apparently Within
Statute, Opinion Says


: Brundage. replying to request o
States Attorney Ben $. Bell for az
opinion on the request of the CITY
of Rock Island to establish a city
township, states that there is ne
supreme court decision covering
the case but that IL would seen
the law applies here. He says. how
ever, the question can be determ'
fned definitely only by judicial de-
cision.
The attorney generals reply
made public today, prompted steps
to call the county board into ses-
sion again Supervisor W. H. SEMI
linger this morning secured a peti-
ton for a special meeting ana CT
culated it for signatures of the
board members. 1t is understood
next Monday is favored for the
meeting date.
In event the incorporation pro
ceedings are acted upon favoraoly
at the special session, the point is
made that there would be SUN
Gent time to call a primary elec'
don in the newly created township
to be held Feb. rs.
The attorney generals answer
follows:
ct appears from such resolution
that said city has population OF
more than $4,000; that its corpoT
ate limits include the whole of ROCK
Island township, and portion OF
South Rock Island township; and
requests that the county board ere
.it
under the name and designation OF
Rock Island township in pursu-
ance of the provisions of paragraph
136 of the township organization
act
You ask to be advised whether
said paragraph gives county
board the right to create city hav-
ing a population of more than 10
600, and whose corporate limits in
cIude an entire township and a
portion of another township, sep
arate township. or whether said
paragraph applies only to cities
having a population of over l5,00o'
and whose corporate limits include
only a part of two or more town
ships.
No Case In Point
"In reply 1 will say, so much OF
said paragraph as is applicable to
your inquiry is the proviso added
to said paragraph by the amend
atory act of 1908, which reads as
follows:
land provided further, that
whenever the territory of any city
of a population of not less than Is,
900 shall be composed of portions
of two or more townships, and shall
by its council request, by resolu-
ton, the county board to organize
1t into a separate township, as
aforesaid, and shall designate the
name thereof, it shall be the duty
of the county board to comply with
such request and provide for such
organization of said city into a new
township under the name designat-
ed in such resolution of said city
council
81 have not been able to find
any decision by the supreme court
of this state which passes upon the
exact state of facts presented by
you. However, the object of the
above quoted provision would seem
p
ulation of more than $4,000, and
whose corporate limits include ter
ritory situated in more than one
township, the right in the manner
therein prescribed. to be created a
separate township. While the Ques-
ton is one that can be definitely
determined only by judicial deci-
sion, still under the holding of the
supreme court in a late case it
would seem that the reasons for al
lowing cities, having a population
of 5000 and over, whose corporate
limits include territory situated
partly in two or more townships,
would apply with equal force to cit
les having a population of 900 or
more and whose corporate limits
include an entire township and a
portion of another township.
1T would seem that such cities
would come within the purpose and
spirit of said provisions, as well as
cities whose corporate Gimits in
clude parts of two or more town
ships"
South Rock Island Meeting.
Members of the South Rock Is
land Township Protective associ-
alton. which has been opposed to
the extension of the township
boundaries coincident with the
lines. will meet this eve
ming in the Cleland Memorial
church. The meeting is called for
S O'Clock and William r. Wells,
president, urging a large attend
ance. in his card notice SAYS. "all
owners in South Rock Is
land are urged to attend as i'm
poTtant business is to be transact
ed" Legal opposition to efforts to
join the townships has been threat
ened.