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THE DAILY CAIRO BULLETIN: SATURDAY MORNING, MARCH 27, 18S0.
TIIE DAILY BULLETIN.
TUT Mown (aoMOiTt ixccptio).
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OFFICIAL' PAPER OF ALEXANDER COUNTY.
We are authorized to announce GEORGE K.
OLMSTED as a candidate fur Police Magistrate,
it the ensuing municipal election.
TIIE RITTENIIOUSE-LINEGAR ELEC
OrNIO.N OF THE SITREME COVRT.
As the opinion of the supreme court,
pronounced by Chief Justice Walker, and
published below, possesses a peculiar local
interest, we feel no inclination to apologize
for the space we accord it :
DAVID T. LINEGAR, )
vs. . Nov.Term,1879.
APPEAL FROM COU.NTY COURT OF ALEXANDER
Opinion by Mr. Chief Justice Walker.
An election was held in the city of Cairo
on the 15th day of April, 1879, for alder
men and other city officers. The parties to
this controversy were opposing candidates
lor alderman in the second ward of the city.
When the votes were canvassed on the
18th day of the month by the city council,
appellant was declared duly elected. The
city was, at the time, organized under the
general incorporation act, governing cities
and villages and towns. Appellee tiled a
petition in the county court to contest the
election and charged that Linegur did not
receive a majority of the legal votes cast in
the ward at the election, and that petitioner
did receive a majority of the leal votes so
cast for alderman in that ward. That there
was a number of votes counted for Lincgar
which were not cast for him, and twenty
votes were counted lor him which were
cast by persons not legally entitled to vote
at that election in that ward, and that Lin
cgar had not paid a portion of his taxes
when he qualified ns an alderman.
Appellant demurred to the petition on the
ground that the county court had no juris
diction to hear or determine- the contest
but that it belonged to the city council,
which has the sole jurisdiction of "such con
tests. The court overruled the demurrer
and defendent thereupon answered. A
trial was had aud the court tmind and de
creed that Linegar did not receive the ma
jority of all the legal votes cast ut the elec
tion and that petitioner did receive a ma
jority of all legal votes cast in that ward at
the election. Defendant thereupon np
peajed and has assigned various errors on
the record, the first of which is ovcriuling
his demurrer to appellee's petition. And
this assignment of error raises the question
of whether the county court had jurisdic
tion of the subject matter of this contest.
In the view wo take of tliu case this is the
only question we deem important to con
sider. The manner of contesting elections
is prescribed alone by statute. The juris
diction, the mode of trial and the whole
contest is purely statutory and is not regu
lated or governed by the'coimnon law. BAt
the common law it was not a judicial pro
ceeding except in a proceeding in the na
ture of a quo warranto, in which evidence
"was heard, and the court determined
whether the dufvudant was entitled to the
office, if it was found he was a usurper he
wm ousted, but it was only by such a pro
ceeding that the courts interfered in such
contests. We are therclore to look to the
statute, to ascertain where it has lodged the
power to try the contest of an election ..f
an alderman to a city council. The gen
eral assembly Iihh conferred jurisdiction on
the county court in cases of contested eleo..
tions, after providing for tho contest of
various oiuccrs by other courts, by the OSth
section of the election law. It provides
that I'The couuty court shall hear and de
termine contests of election of all county,
township and precinct officers, and all
other officers lor the contesting of whoso
election no provision is made."
The city ef Cairo is incorporated and
acting uudcr the chapter entitled "Cities,
towns and villages," and must bt governed
by its provisions. The thirty -fourth sec
tion of that act provides that: "The city
council shall be judge of the election and
qualification of its own members." Now
; what does this language import?
, Jlost assuredly that iu any coutest between
claiming to be elected an aldcman,
the council shall be tho judge of tho con
tested election and hear and determine
which of the contestants is elected a member
of the council. They in no other manner
could be tho judge of tho election of the
members of that body. If this be true,
then there is another mode provided for tho
contest of the election of this officer, than
by the county court, and it oo, tln by tlm
express terms of the statuto it can take no
jurisdiction in this case.
The constitution of tho United States
and ot the various 6tates of the Union it is
believed have provisions that each house
shall bo tho judge of the election and qual
ification of its members, and we are aware
of no case where it has been held that the
courts may determine the election and
qualifications of the members of either
house where such a constitutional pro
vision exist. On the coutraiy, it has been
the uniform practice for each house of con
gress and of tho various Btates, to hear and
decide contested seats, and wo can have no
doubt, that tho general assembly intended
to confer on city councils the same power
in cases of contests for seats in tho council.
It may bo urged that because the legisla
ture has not particularly specified tho man
ner in which the council shall
proceed, that therefore no pro
vision has been made tor this office.
We think the objection has no weight. It
lias mado provision, as we have seen, that
it shall be determined by the city council.
Suppose the section had in specific terms
provided that such contests should be heard
and determined by the city council, would
anyone have doubted that other provision
had been mado tor such contests. And
yet we do not see, that in substance and
effect these provisions are not equally
broad and comprehensive. To our minds,
there is no doubt that the city council
has full and complete jurisdiction to decide
this contest and the county court nas n
But reference is made to section 57 of
tho general incorporation law ot cities,
villages and towns. (R. S. P. 117) That
section provides that: "The man
ner of conducting and voting at
nlertions. to be held under
that act, and the contesting the same, the
keeping of poll lists and canvassing the
votes, shall oc tne same, us
nearly as may be, as in
the case of the election ot county
officers, under fhegcncral laws of this state."
Here we have tne manner prcscnucu oy
th rreneral law. bection 11. J ot
which provides that the person desiring
to contest, shall within thirty days after
the person is declared eiecteu, me wun tne
clerk of the proper court a statement in
writing setting tortll the poinis on which
he will contest the election, which state
ment shall be verified by affidavit, etc. The
114th section provides that a summons shall
issue to the person whose office shall be
contested, or he shall be notified to appear
and the 115 section requires tho evidence to
be taken in the same manner and on like
notice, as in cases in chancery, and the case
shall be tried in like manuer as cases in
chancery. These sections point out the
mode and we can see no great incon
venience by a few slight changes in render
ing it entirely practicable ior ine city coun
cil to try such a contest. The city council
are certainly as well adapted to try such a
contest, as were those justices of the peace
to determine such contests os to county
officoru, under previous laws. (See It. S.
1843 P. 222 Sec. 42, etc.) Hence wo have
a provision that the city council shall deter
mine such cases and the manner prescribed.
We are referred to the case of Young vs.
Adnm, 74 111. 480, as having a bearing on
this case. That was a contest ns to which
of two persons was elected to the
office of alulerman, in one of the
wards ot the city of Joliet. The city was
organized under a special charter. That
case was based on Drush vs. Lemma, 77
In this latter case it was held that the
general law providing for the contest of the
election of county officers by the 98th sec
tion, did not embrace the office of the
mayor of a city. That it only embraced
offices of the same class or grades. That
the office of mayor is not of the same class
or grade as those enumerated in the first
brauch of the section. The ."57th section of
the general law for the incorporation of
cities, villages, etc., was referred to, and it
was said, that this evidently referred to
cities and villages organized under the gen
eral law. And it not appearing that the
city of Carbondale was acting under the
general law, that section bad no applica
tion. 15y inference it was held that hud
that fact appeared, then the 57th section
would have given the county court jurisdic
tion of the case.
In Young vs. Adam sltka although it
related to the office of alderman, the court
held as the city was acting under a special
charter that it was not embraced in the
provisions ot the 9bth section of the elec
tion law. It was said that the case was
governed by lirtish vs. Lemma and this is
true, because the 98th section of the elec
tion law does not as there said, embrice the
office of major, but the 57th section of the
law to incorporate cities and villages does.
It was therefore by force of this latter sec
tion, that tho county court acquired juris
diction in case of a contest for the office of
mayor. It was uuueccssary tq have refer
red to the fact that the city ot Joliet was
acting under a special charter, as the result
would have been the same had it been un
der the general incorporation law. The de
cision was correct under tho case of Iinish
vs. Lemma, but not lor that reason. The
confusion or uncertainty, if any exists,
grows out of this immaterial expression in
Nor docs the power conferred on the city
council making it tho jddgc ot the election
and qualification of its own members, con
fer upon them tho power to determine a
contest for tho office of mayor, as he is not
one of those members, in the sense the term
is employed in the statute. His duties and
functions arc in thu main different from
theirs ns he is made the chief executive of
ficer of tho city, entrusted with tho enforce
ment of the ordinances and tho presciva
tiou uf tho peace. It is truo that he is re
quired to pr"side at the meetings of tho
city council; but he can only vote in caso
of a tie and may veto ordinances adopted
by tho city council. Hence hn is not u
member ot the council in tho meaning of
that section. We havo seen that tho
common law courts havo no inherent juris
diction except in quo warranto, or it may
lie in mandamus, to decide contested elec
tions, hence these enactments are not cumu
lative, and tho courts had no jurisdiction
of which (o bo deprived, but can only exer
cise luch jurisdiction as the statute confers,
and in the manner specified. We presume
these enactments do not deprive tlie circuit
courts of tho power to hear and determine
cases ot vuo wnrrato or mandamus, but wo
apprehend a contest heard and decided by
a court under the statute, could bo plead in
bar of such a proceeding. The power con
ferred on a city council to judge of the
election and qualification of its own mem
bers, however, may not be a bnr to a quo
warrant or mandamus proceeding. Dillon
on these Cop. Sec. 141. But that question
is not before us and is not decided.
Tho county court, not having jurisdiction
to try tho case, the judgment is reversed.
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through the permanent cures which it has
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the worst forms of the disease. In fact so
reliable is jt that its former proprietor of
fcred rnn.rh all the newspapers ot the
land a 3, of fiOO for a caso of catarrh
tha rewarUnot cure.S ild by druggists .
AGoor , 'Ewife. The good house
wife, wb-jBtaJi 13 fi'v'nR nL'r houso its
spring reiM .. g, shold bear in mind that
the dear Jr . ..cs of her house are more
precious an many houses, and that their
system needs cleansing by purifying the
blood, regulating the stomach and bowels
to nrevent and cure tho diseases arising
from spring malaria and miasma, and she
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the purest and best of medicines. Concord
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GU- COW. Second St.
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ri VI T7 "' riTTiATTTTIVTr
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are not recommended as a remedy "tor all
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tions of the Liver, and nil Billions com
plaints, Dyspepsia, and Sick Headache, or
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out a rival.
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A9 a simple purgative they are unequaled
BEWARE OF IMITATIONS.
The genuine arc never sugar-coated.
Each box has a red-wax seal on the lid
with the impression, McLanl'sLivkh I'ill.
'Each wrapper beaM the sigiu'tures of C.
McLakk and Fleming Bkon.
J-jr lnsist upon having the genuine Du.
C. McLaje's Liveii Pills, prepared by
FLEMIMG BROS., Pittsburgh, I'a.
tho market being full of imitations of tlio
name McLane, spelled differently but same
Notlco In herehy (jlvon, tlmt on thn lfith dnr of
April next, between tlie liiturHof lOo'doik In tho
loremmn and 5 o'rloek In tlia iifti'moim of naid
day, at the lutu reBldcuet) of William 0'i'allnhan,
tli.'Cijaieil, In the city of t'lilru, county of Alexander
and state of Illinois, the ptronnl property of said
der.udent, consisting of household and kitchen fur
niture, bureaus, bedsteads, waslistun.ls, beds and
huddloK, stoves, cookltm utensils, liar Uitnrcs
counter, ouu cow and other articles, will be sold at
palillc rule. Terms of snln cash In hand.
March M. Administrator.
A SUBSTITUTE FOIt LIFE INSUR
WIDOWS' & ORPHANS'
Mutual Aid Society,
Organized July 14th, 1877, Under the
Laws ot tne Mate rt Illinois.
Copprighted July 9, 1677, under
Act of Congress.
WILLIAM STRATTON, I'kesihent.
Mas. A. I'. TAYLOR, Vice Puksicent
J. A. (iOLDSTlNE,
Du. J J. GORDON,
BOARD OK MANAGERS:
J. J. GORDON. I'livsiclan Cairo, Ills
.Mrs. A. 1'. TAYLOR. Superintended of
Schools, Alexander County "
J. A. GOLDSTIN E, ofGoldstiue Je Ron
enwater. Wholesale and Retail Dealers '
tu Staple and Fancy Dry Goods " "
. H. TH1STLEWOOD, of Ilinkle Jt
Thisllewood, Commission Merchant,
Cotton and Tobacco Factors ' "
S. D. AYliKS, ol Ayres & Co., Commis
sion Merchants " '
THOMAS LKWIS, Insurance Munaer
and Attorney at Ltw " "
WM. STRATTON of Stratton llird
Wholesale (irnccrs ' '
GEO. M. AI.DEN, Commission Mer
chant. 78 Ohio Levee ' "
JAS. S. REARDEN. Atfelit Mississippi
Valley Transportation Company "
CHAS. R. ST I ART. Wholesale and Re
tail Dry (ioods and Notions ' "
EDWARD A. lil'DEH, Manufm turiny
dewier and nolcsaie aeaicr in vt ulen-
makers s Tools and Materials " '
CHARLES LANCASTER, Lancaster .t
Rice. Lumber Dealers
C. O. PAT1EH. C. (I. Patter fc Co,
wholesale am! Retail .Merchants "
Rev. B.Y.UEORGE, Pastor Presbyterian
Church " '
J. ('. WHI TE. Insurance Acent " "
U. V. MrhKAUr, fustniBstt-r " "
S. V. WHEELER, Attorney and Counsel.
or at Law. " "
Mns. LOL1SA KISHKAfK.... " "
OSCAR 1IAYTI1 .RN, Wholesale and
Retail llools-Shoes and Dry ioml " "
A.J. Ill RD, Merchant aud Steamboat
IJI'roprietor " "
W illia.m M.iur.. t.cmraj jieri n uise
P. G. SC1ILH, Wholesale bud Retail
J.T. RENNIE, Foundry and Machinist. . "
ALBERT LEWIS " '
Mns. L. A HOWARD. Boardinc House.. " "
W. F. PITCHER. Insurance Ayent "
A. HALLEY, Dealer iu Stoves, Tin and
Hardware " "
E. W. OREEN. Green, Wood Js Bennett
Millers ' "
II F, POTTER, Editor aLd Publisher
Armis-Joumal Mound City. "
Mns. S. A. AYERS Villa Rldee, '
A. J. FRENCH, Farmer Bird Point, Mo
ORTGAGEE S SALE.
Whereas, Holcome Murray and Jane Marray. his
vt'll'o, of the Couuty of Alexander and ttat of Illi
nois, by their certain mortgage deed dated the
Twentieth day ot Jauuary A, D. IsT'i. and duly re
corded In the oltUf of the recorder of deeds of
Alexander County, Illinois, in book '"Z" of sale
mortices on pane ins. illil cram. Imrpam, sell, re
n.lse.,litn. ai.d convey unto us. the nuderslKiied,
David T. Lineirar and John II. Mulkey. as mortca-
fees, the land and premises heretnalter described,
to secure tte payment of one curtain promissory
note of even date, Therewith executed by the said
Holcome .Murray and tlie said .lane .Murray to us,
the said David T. Lineear aud the said .John II.
Mulkev, for the sum of one hundred dollars, pay
ali!e ninety days after date, with Interest at the rate
of teu per cent, per annum, from date nnii! paid,
unil particularly desciihed in said mortgage ileed:
ar:d. whereas, there Is now due and unpaid on said
note the sum of tifty dollars with interest thereon
from the date of said note; now. theri(ore. default
having been made in the payment of said note anil
interest thereon, public notice is hereby trivea fhat
in pursuance of 'he provisions of said morti'iiu'''
deed, and by virtue of the power and authority
pranted to ns In and by the same, we shall on the
loth day of April, A. 1).. lsso. at 1(1 o'clock in the
forenoon of that day. at the front door of tlie court
house In the City of C airo, County of Alexander
and State of Illinois, sell at public auction, to the
highest bidder for cash, the premises described iu
said mortcase deed as the north tialfi iof the
north west ('4 1 of section thlrty-onei:il i in township
sixteen il'ii runtfc one 1 1 west, except forty (I'm
acres offof the east end of said north half i 'j,'. situ
ated in the County of Alexander and-State of Illi
nois, and all r:L'ht and equity of redemption ol the
said Holcome Miirrayand the said .lane Murray his
wife, the.r heir and asslcns tin r--in.
DAVID T. LINEGAR A JOHN II. MFI.KEY,
Dated nt CBiro, Ills., this the Ijih day of Mure!!,
A. D.. lso.
Whereas, by a certain sale niort'jutT. bear.ii'.'
date the Fifteenth day of AiiL'ust A. D., IS'-i. and
recorded in the Recorder's office of Alexander
County, in the State of Illinois, in volume 4'' of
deeds, on paL'e 1s-.'. Isaac Farnhaker and lillza
A. Fun. baker, his wife, did convey to the under
sinned, the following described real i -!:,te. . ,uii!e
in the County of Alexander. State i liliim:-. t -wit:
Lot numbered cleht (Hi In block numbered
lout (4 1 In tlie Cily of Cairo, according to tim re
corded map or pint of said city; which said con
veyance was In mortgage to secure the p.ivmcnt
at' maturity of certain prutnis-ory iio:cs therein
mentioned; upon thi' last of which promissory
notes there now remains due and payable the sum
of Twenty-live hundred dollars, with 'ten per cent.
Interest per annum thereon from the Flltetnth day
of August. A. D , 1KT.
Now. therefore, notice Is hereby given that under
and by virtue and In pursuance of the terms am)
conditions of said sale mortgage, I, tlie undersign
ed, will on '
MONDAY, THE FIFTIT DAY OF APRIL. A.D..
at the hour of two o'clock p. m .. of that dav. at the
Court House door, in the City of Cairo, Alexander
Co. 'iity, Illinois, sell the real estate above describ
ed, ac "public venflneto tho highest bidder loi cash,
in hand, and will execute to the purchaser u deed
therefor ROBERT 11 CT.NNlNf.llAM.
Cairo. Ills.. March d, lhNl. .Vi.rtgugve.
Green & Gilbert, Attorneys.
estate or ritxiiEiiicK whitcami', wh eai;d.
The undersigned, having been appointed admin
istrator of the estate of Frederick Whltcamp. lute
of the county of Alexander and state of Illinois,
deceased, hereby gives notice that he w ill appear bet
fore the ct.uuly court of Alexander county, at the
Court House In Cairo at. Hie May term, on I lit- third
Monday In May next, at which time all persons
having claims against salil estate arc nollib'd and
requested to altend for the purpose of having the
sumo adjusti'd. All persons Indebted to said estate
are requested to inaku Immediate payment to the
undersigned. R, FITZGERALD.
Dated this liOtU day of March, A. 1). Ikn).
CONSTITUTION WATER !
W CONSTITUTION WATER
TIIItKK TIM KM A DAY,
CIinEH BKTflilT'H DISEASE. INFLAMMATION.
OK THE KIDNEYS, HTONK IN TIIE DUD
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tujufiiuvu it nnr.nr.nn,
Female CoinplulntH a Speciality.
For ile by all Druggist. Send for circular.
11 OKU AN & ALLEN, til) JohnSt, N. Y.
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The Great Carriage Manufacturing House of the World.
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Manufacture'!! by EMEHS0X, FISHER & CO., are now in use
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Messrs. K.mkkson Fisnm it Co. : Oai.va, Iu.s., July 1H. 1ST!I.
I have, used one ol your Top lii(rr three year", and throe of them two years In mv flverv stable,
and lliey have Kivcu me perfect satislaclluu and are iu constant use., OSCAIt SMALXEV.
Messrs. CoI'Pock Johnson.: NmenKWiY, H. C July 17, ISTfl.
Dear Sirs:--I have been nstnpthe Kuierson A Fisher Bmrcy l bought from you ns roughly I nip
pose as any one could. 1 hud a fast hoi.e, diove him at full speed, sometimes with two grown ladles and
nivselflu Oiu bU(;sv, und It Is to-day vorb ull 'he mouey I puld lor It. I sav the, Kuierson ic Fisher
Ilu-llcswllldo. A.M. TEAOL'E, Farmer.
The favorable reputation the Carriages have made in localities where they bavo been
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them now to turn out in good style,
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