unday Bee.
part Font
AUTOMOBILES
PAGES OJTE TO TWELVE
I-HE
PAET rOUR
WANT AD SECTION
PAGES OXE TO TWELVE
VOL. XLI-NO. 10.
OMAHA. SUNDAY MORNING. AUGUST 27. 1911.
SINGLE OOrY FIVE CENTS.
OMAH
Proposed Commission Plan of City Government for Omaha
Cities lllnbl t Act.
Paction l. Any city In this rtate bow or
hereafter having, accord Inn to the taut
officially taken and prom ul rated atate or
jaHitonal eenu. 6.000 or more population.
Anr adopt the provlalona of thla act and
lb governed thereunder by proceeding aa
Yifelnafter provided.
Prapeeltt Eleetlo.
See 1 Wlthta twenty days after the
tiling of a petition with the city clerk of
any such city signed by such.e number ef
elector qualified to vote at the laat pre
ceding genera) city or atate election held
within any aucb city aa equal 25 per
oantsun ef the vote caat for all candidate
for mayor at auch preceding general city
election, tbe mayor of any auch city ehaJl
by approprlat proclamation and notice,
, I .J l I . J I 1 . I A k.
tlnn and notice, which date ahail not be
lee than thirty nor mora than sixty day
after the data and Uauanc of auch procla
mation. After the filing of any petition
provided for In thla act no Btaner thereon
hall be permitted to withdraw Ml name
therefrom. At auch (peclal election the
proposition of adopting the previsions of
thla aot ahail be robmltted to the electors
of any each dty and auch proposition ahail
be elated tbua: "Shall the city (nam of
city) adopt the provisions ef (naming the
chapter ef the published law containing
thla act) railed the Commission Plan of
City Oorernmentr " And the paper ballot
to be seed and method of voting at auch
apeciaJ election shall bo only those pro
Tided by what la known aa tb "Australian
BaJlot Law" of the state, and th ballot
shall afford facility for casting a "Tee"
or "No" rote by making a cross as Indi
cated by eaid ballot law. In all other
respects such special election shall be held
and conducted and the vote canvassed and
the result declared aa by law provided for
the holding and conducting of the general
city election In any auch city, and all
officers charged with any doty respecting
the calling, holding and conducting of any
such general city election ahail perform
such duties for and at such special election.
H'ropoaltlon, Reaabmlseloa.
Sec. I If said proposition be not adopted
at any such, special election by a majority
vote the question of adopting it shall not
be again submitted in any such city within
two years thereafter.
Ceaarilmea, Election.
If eaid proposition be adopted, then at
the next regular or general city election
rrovlded by law in any such city there
'Jhall be elected, not by or from wards or
listricte, but at large, the following off
icers, and none others, to wit: In cities
containing 100.000 or more population, ac
cording to said census, seven eoundlmen;
in cities containing over 2E.000 and leaa
than 100.000 population, according to aaid
census, five eoundlmen. and In cities con
taining over 6.W0 and less than 15,000, ac
cording to aaid census, three councilmen.
Provided, however, that If aaid propoai
tton be not adopted at any such special
election at least fifty days prior to the
date of holding the next general or regular
city election provided by law In any auch
city, then such city shall continue to be
governed under Its existing lawa and the
eoundlmen hereinbefore provided for shall
be elected at the next general or regular
city election thereafter occurring In any
auch city.
Coaarllasen, omlnatloi.
Sec. I. Candidates for the office of
eoundlmen provided for in this act shall
be nominated at large, at a primary elec
tion, and no other name shall be placed
upon the official Fallot to be used at said
regular or general city election except
those selected at such primary in the
manner hereinafter preserlbed.iJotwlth
standing any more general law respecting
the time or manner of holding primary
elections, the primary election for auch
nominations shall be held in all dtlea con
taining, according- to such census, over
25.000 population, on the fourth Tuesday,
and In all cities containing, according to
such census, over 5.000 and less than Si.OuO
population, on the third Tuesday preceding
the date of the general or regular dty
election provided by the then existing law
in any such city, and any person desiring
.4.) become a candidate for councilman
"(fhsll. at least ten days prior to the date
f holding such primary, file with the city
clerk a statement of such candidacy in
substantially the following form, towit:
State of Nebraska, County, ss:
I being first duly sworn.
say' that 1 reside at No street.
In the rlty of county of and
atate of Nebraska; 'that I am a qualified
voter of said city; that I am a candidate
for the nomination of the office of council
man lo be voted uon at the primary
election to be held on the day of
in... and I hereby request that my name be
printed upon the official primary ballot
for nomination by such primary election
for said office.
Signed)
Subscribed And sworn to before me by the
said this day of
13... (Signed)
And such person shall at the same time
le with suc!f atatement a petition sirnci
by at lea.it twenty-five qualified voters In
all cities containing, according to such
census, over 6.000 and leaa than S.OuO popula
tion, and In all cities containing, according
to said cenaua. ever 25.000 population, signed
by at least 100 qualified voters, requesting
auch candidacy, and he shall pay to the
city treasurer a filing fee, to aid In the
expense of holding such primary, of lid,
and obtain a receipt from the treasurer
therefor, which shall be produced to and
filed with said city clerk before filing such
petitions, and th aaid petition ahail be
aubsiantlaily In the following form, towit:
The undersigned, duly qualified electors
of th city of and residing at
the places set opposite our respective names
hereto attached, do hereby request that the
name of be placed on the
official ballot as a candidate for nomina
tion for the office of councilman at the
primary election to be held in aaid city on
the day of 1... We further
state that we know him to be a qualified
elector of said city and a man of good
moral character, and well qualified In our
Judgment, for the duties of such office.
Prtaaary Eleetlea.
gee. C Notwithstanding any more gen
eral law respecting primary elections In
fore In th atate. th official ballot to be
prepared and used at auch primary shall
be In substantially the following form. In
. setting In the blanks the name of the city
and the number of eoundlmen to be elected
In th particular city where auch primary
a to b held and placing simply th name
of all candidate upon th ticket without
y party designation, circle or mark
1
wnatever. town:
Candidates for nominations for council
men of tbe city of at th primary
election.
Vote for only r"
(Name of candidate) I I
And In all other respects the general
character of th paper ballot to be used
hall be th same aa authorised by the
"Australian Ballot Law" of th tat. In
printing, th name ahail not be arranged
alphabetically, but ahail be rotated accord
ing to th following plan, towit: Th form
hall be set up by tb printer with lf
Full Text of the Law Which Our
On to Adopt or Reject at Special
names m the order In which they are
placed upon the eampl ballot prepared
by th dty clerk or officer whose duty It
shall be to have the ballots prepared, and
In printing the ballots for the various
election districts or predncts the position
of the names shall be changed for each
election district; in making th chang of
position the printer shall take the line of
type containing the name at the head of
the form and place It at tb bottom,
shoving up th column so that the nam
that waa second before th change shall
be the first nfter the change. After receiv
ing such ballot from the election Judge,
endorsed by them as by law provided, th
voters shall mark and cast such ballot;
Any voter who shall declare that he will
require assistance In voting ahail be aided
In the manner provided by general law.
Th polls at any such primary election in
any dty containing over 28. On population,
according to said cenaua, ahail opes at
t o'clock a. m. and close at o'clock p. m.,
and In cities containing over 6.000 and leas
than S.OhO population, according to said
census, th polls shall open for snch pri
mary at 11 o'clock noon and close at
o'clock p. m. In all other respects such
primary election shall be held Mid con
ducted and th vote canvassed and th
result declared as by law provided for
holding other city primary elections In any
city embraced In th class to which any
general state pexmaxy law applies; and If
auch primary election b held m any dty
to which, a to dty elections,, th general
primary laws of the state do not apply,
then suoh primary election ahail be, except
In the reapecta hereinbefore provided, pro
claimed, noticed, held and conducted and
the vote canvassed and tbe result declared
as by law provided for holding the general
or regular city election In any auch city;
and all officers charged with any duty re
specting the proclaiming, holding and con
ducting of. any such general or regular
city election. In any such city, ahail per
form such duties for and at such primary
election.
Candidates, How Chosen.
Sec. 7. The fourteen candidates receiving
the highest number of votes at such pri
mary election held in any dty containing
over 100.000 population, according to aaid
census, or all candidate, If there be less
than fourteen upon th primary ballot,
ahail be the candidates and the only candi
dates whose name shall be placed upon
the official ballot for eoundlmen at such
regular or general city election In auch
dty; and In any dty containing over 28,000
and leas than 100.000 population, according
to said census, the ten candidate receiving
th bigneet number of votes at such pri
mary, or all candidates If' ther be lea
than ten on the primary baftot, shall be
th candidates, and th only candidate
whose names shall be placed upon the
offldal ballot for eoundlmen at such regu
lar or general city election In any such
dty, and In any dty containing over S.000
and lose than .000 populate, according to
said census, the six' candidates receiving
the highest number of vote at such pri
mary, or all candidate if there be leaa
than six on the primary ballot, shall be
placed upon the official ballot for council
men at such general city election In any
such city.
Klectloa.
Sec. 8. At the regular or general city
election at which auch candidates so nomi
nated are to be elected the ballot shall be
prepared In substantially the same general
form and the name rotated aa hereinbefore
provided for their nomination at tb pri
mary election; and the three, five or seven
persons, aa the case may be, receivtng the
highest number of votea shall be the
eoundlmen elected. In all other respects
the general lawa In force In any such dty
respecting the holding and conducting and
declaring the result of any such regular
or general city election ahail apply, so far
an the same are applicable and not incon
sistent with the provisions of this act.
Coaacllmea, Qaallflratloa, Term.
Bee Said eoundlmen shall qualify and
give bond in the manner and amount pro
vided by the existing lawa governing the
city wherein they are elected, and the
terms of office of such eoundlmen shall
commence and terminate at such times as
may be provided by the laws governing the
dtles w herein they are elected, and If any
vacancy occur In aucb office th remaining
members of the council shall appoint a
person to fill auch vacancy for the balance
of the term; and the terms and office of
the mayor and eoundlmen in any such dty
In office at the beginning of the term of
office of tbe eoundlmen first elected under
the provisions of this act shall then cease,
and terms of office of all other elective or
appointive officers in force within or for
any such city, except as herein otherwise
provided, shall cease aa soon as the council
herein provided for ahail select or appoint
their successors and auch successors
qualify and give bond aa by Uv provided,
or aa soon aa such council shall by resolu
tion declare the terms of any such elective
or appointive officers at an end or abolish
or discontinue the office.
Salaries.
Pec. 10. In all dtles containing 100.000 or
more population, according to said census,
the salary of each of such eoundlmen
shall be M.500. In all dtles containing
O.ooo and less than luO.iVO population, ac
cording to said census, the annual aalary
of each of such eoundlmen shall be (2.000.
In all cities containing K (no and less than
4P.Ou9 population, according to aaid census,
the annual aalary of each of such council
men shall be 11.000. In all cities containing
7,00 and leaa than S.uOO population, accord
ing to said census, the annual salary of
each of such eoundlmen shall be fixed
by ordinance, not to exceed, however, the
sum of $1,000. And In all dtles containing
1.000 and less than 7,000 population, accord
ing to aaid census, the annual aalary of
such eoundlmen shall be $300. Provided,
however, that the mayor In any of auch
cities shall receive in addition to his salary
as councilman the following amounts, to
wit: In dtles containing 100.000 or mors
population, according to said census. f&OO.
In cities containing 4O.O0 and leas than
100 000 population, according to aaid census.
In cities containing, according to
said census, IS 000 and less than 40,000 popu
lation. In cltlea containing 7.000 and
leas than X.frO population, according to
said census, $300. and In dtiea containing
t.OOt and leaa than T.On population, accord
ing to said cenaua. HO. Such salaries, and
additional amounts to th mayor, shall be
paid In equal monthly Installments tn any
of such cities.
Th aalary or compensation of all other
officers or employea of any such cltlea
ball be determined whan they are ap
pointed or elected by th said council and
1. Seven councilmen elected at large to supplant all elective city officials at expiration of
present terms of office.
2. Candidates to be nominated at general primary, fourteen receiving highest vote to go
on official ballot for regular election at which seven highest will be awarded certificates of elec
tion. No party designations to go on ballot and names to be rotated.
3. Councilmen or commissioners to qualify and serve three year terms same as at present ;
also to fill vacancies and to choose one of number to be mayor with additional salary of $500.
Councilman's salary to be $4,500 per year.
4. Council to have and exercise all powers now vested in mayor, council, water board, fire
and police board, park board and all other boards created by statute for said city. -Not to affect
duties and privileges of water board or office of school district officers.
5. Council may at any time continue or abolish any existing office or employment and
create any office or board deemed necessary and fix salaries thereof and impose additional duties
on other officers with or without additional pay.
6. Council to meet regularly once a week; mayor and councilmen to maintain offices in
City HalL Each councilman to be assigned special charge and supervision of one department of
city government, as follows:
Department of Public Affairs.
Department of Accounts and Finance.
Department of Police, Sanitation and Public Safety.
Department of Fire Protection and Water Supply.
Department of Street Cleaning and Maintenance,
Department of Public Improvements.
Department of Parks and Public property.
7. Council may revise, repeal or change distribution of funds within limit of total taxes
levied for the year.
8. Recall for councilmen provided on petition of 30 per cent of highest vote cast at pre
ceding city election.
9. Initiative to propose ordinances on 15 per cent petition to submit to next rearular elec
tion or on 25 per cent petition to
mitted by initiative oftener than once in two years.
10. Referendum on ordinances (except appropriation and emergency) on 15 per cent peti
tion to be voted on at either special or general election.
11. Commission plan may
bypopular vote,
hall be payable at such periods as the
said council ahail determine.
Conacll, Powers, Datlea.
Sec 11. Th said ' council herein pro
vided for, upon taking office, shall have,
possees and exercise, by Itself or through
uch methods as It may provide, all execu
tive or legislative or Judicial powers and
duties hitherto held, possessed or exercised
under th then existing laws governing
any such dty, by the mayor or mayor and
city council or water commissioners or
water board- or water and light commis
sioner or board of fire and police com
missioners or park commissioners or park
board or excise board or members thereof
or fire warden, and the powers, duties and
office of such fire warden and of all such
boards and the members thereof shall then
and thereupon cease and terminate, and the
powers, duties and officers of all other
boards created y statute for the govern
ment of any such dty shall also thereupon
cease and terminate; provided, however,
nothing herein contained shall be so con
strued aa to interfere with the powers,
duties, authority and privileges that have
been, are or may be hereafter conferred
and Imposed, upon the water board In
metropolitan cities as prescribed by law,
or ahail affect the power or office of dty
school or school district officers or office,
nor of any office or officer named In the
state constitution exercising office, powers
or functions within any such dty; and
such council, upon taking office, shall have
and may exercise all executive or legis
lative or Judicial powers possessed or exer
cised by any other officer or board hitherto
provided by law for or within any such
city, except officers named In the state
constitution; and the executive and ad
ministrative powers, authorities and duties
in such dtles shall be distributed into and
among departments as follows, towit:
In cities containing 100,000 population or
more, according to said census, as follows:
(1) Department of public affairs, (?) de
partment of accounts and finances. (S) de
partment of police, sanitation and publlo
safety, (4) department of fire protection
and water supply, (5) department of street
cleaning and maintenance. (6) department
of public Improvements. (7) department of
parks and public property. In dues con
taining 25.000 and lesa than 100,004 popula
tion, according to said cenaua. as follows:
1 Department of publlo affairs, (2) de
partment of accounts and finance. (3) de
partment of public safety. (41, department
of streets and public Improvements, (5) de
partment of parks and public property. In
cities containing 6.000 and lesa than 25,000
population, according to said census, ai
follows: (1) Department of public affairs
and public safety. (2) department of ac
counts and and finances, (5) department of
streets, public Improvements and public
property. And th council shall provide,
as nearly as may be. the powers and duties
to be exercised and performed by and
assign them to the sppropriste departments
and may prescribe the powers and duties
of all offcers and employes of the dty
and may assign particular officers or em
ployea to more than one of tbe depart
ments and may require any officer or
employe to perform duties tn two or more
of th departments and may make such
other rules and regulations aa may b
neceasary or proper for the efficient and
economical management of th business
affairs of th dty.
Mayer. President, a'aerlateadeat.
Sec. 12, Th council In all auch dtle
shall, at its first meeting, elect by a ma
jority vote on of Its members president
of th eoundl and be ahail be styled and
known aa mayor of the dty. but be shall
have bo power to veto any ordinance, reso
lution or measure passed by the council,
and he ahail preside at all meetings of the
ooundl; and the council ahail also at auch
meeting, or aa soon as practicable there
after, tn citlea containing 100.000 or mor
population, according to said census, desig
nate by a majority vote one councilman to
be superintendent of the department of
account and finances, one to be superin
tendent of tbe department of police, sani
Commission Plan
Commission Plan in a
submit at a special election.
be abandoned after four years
"
tation and public safety, on to be superin
tendent of the department of fir protec
tion and water supply, on to be superin
tendent of' the department of street clean
ing and maintenance, on to be superintend
ent of the department of publlo Improve
ments and one to be superintendent of the
iepartntent of parks and public property,
and the mayor ahail be the superintendent
of the department of public affairs; and
hi citlea containing 25,000 population and
lea than 100,000 population the council shall
at such meeting, or aa soon aa practicable
thereafter, designate by majority vote one
coundltnan to be superintendent of the de
partment of accounts and finances, oh
to be superintendent of the department of
publlo safety, one to be superintendent of
the department of streets and public lm
. . . , . .
the department of parks and public prop
erty, and the mayor In such last named
dty shall be the superintendent of the
department of publlo affairs, and in cities
containing 6,000 population and lesa than
25.000 population the council shall at such
meeting, or aa soon as practicable there
after, designate by a majority vote one
coundlman to be superintendent of the
department of streets, public Improvements
and public property, one coundlman to be
superintendent of public accounts and
finances and the mayor In such last named
dty ahail be superintendent of tbe depart
ment of public affairs and public safety,
and In all of said dtles the superintendent
of the department of accounts and finance
ahail be vice president of the city ooundl
and in th absence or Inability of the
mayor to serve shall perform the duties
of the mayor of the city, and In case of
vacancy in the-, office of mayor by death
or otherwise aaid vice president shall per
form the duties of mayor of the dty until
such time as tbe council, after filling the
office of coundlman left vacant, shall
select another or new chairman and mayor,
which it shall do. in the case of such
vacancy at the first council meeting, or
aa aoon aa practicable thereafter, after
such vacancy occurs; and In all of such
oities the council may change the aupedn
tendency of any of aaid departments, ex
cept that of public affairs, from on of
said eoundlmen to another whenever it
appears that th publlo service and man
agement of th business affairs of th dty
would b benefited by such chang.
Officers.
V Kec. 11 The council shall at its first -J
meeting, or just aa soon aa possible there
after, elect aa many of the dty officers
provided for by the then existing laws or
ordinances governing any such city as
may. In the judgment of th council, be
essential and neceasary to the economical
but efficient and proper conducting of the
government of the dty and shall at tha
same tiro fix the salaries of the officers
so elected either by providing that such
salaries shall remain the same as fixed by
the then existing lawa or ordinances for
such officers, or may then raise or lower
the existing salaries of any such officers,
and th council may modify the powers or
duties of any such officers as provided by
then existing laws or ordinances or may
completely define and fix auch powers
or duties anew; and any auch officers or
any assistant or employ eleded or ap
pointed by the council may be removed
by th council at any time. Provided, how
ever, that in cities of the metropolitan
class no member or officer of th police
department, or department of police, sani
tation and public safety or of the fire 'de
partment or department of fire protection
and water supply shall be discharged for
political reasons, nor shall a ,nerson be
employed or taken Into either of ssld de
partments for politics! reasons. Before any
such officer or employe esn be discharged
charges mutt be filed against him before
the council and a hearing had thereon,
and aa opportunity given such officer or
employe to defend against auch charges,
but this provision shall not be construed
to prevent peremptory suspension of such
member by the council In esse of miscon
duct or neglect of duty or disobedience of
Election Saturday, September 2
Voters Will Be Called
Election September 2
Nutshell
Same measure not to be resub
on 25 per cent petition 'affirmed!
I
orders. Whenever any such suspension Is
made charges shall be at once tiled by
the council with the officer having charge
f th records of th coundl and a trial
had thereon at a second meeting of th
council after auch charges are filed. Por
the purpose of hearing such charges the
eoundl shall have the power to enforce
attendance of witnesses, the production ef
books and papers, and to administer oaths
to witnesses In the same manner and with
like effect and under the same penalty, as
In the ease of magistrate exerdslng dvil
and criminal Jurisdiction under the statutes
of the state of Nebraska.
Offices.
Sec. 14. The council shall have power to
discontinue any employment or abolish any
I office at any time when, in the Judgment
Is no longer necessary, and the council
shall hsve power, at any time and at any
meeting, to create any office or board It
deems necessary and fix their sai tries and
It may create a board of three or mor
members compoaed of other officers of
th city and confer upon such board any
power not required te be exerdsed by the
coundl Itself and may require such other
officers to serve upon any such board and
perform the services required of It with
or without any additional pay for such ad
ditional service.
Meetings.
See. 16. The first meeting of the council
provided for In this act ahail be held or.y
the first Monday after the election of such
councilmen and theresfter the regular
meetings of such council shall be held tn
dtles containing over 100,0)0 population,
according to auch census, at least once In
each week and upon such day and hour
as tha coundl may designate; and In all
other cltlea th regular meetinga of the
coundl ahail be held at such Intervals and
upon auch day and hour as the council
may by ordinance or resolution designate;
and special meetings of the council In
any of such dries may be called, from
time to time, by the mayor or two council
men, giving notice In auch manner aa may
be fixed or defined by existing law or
ordinance In any of such dtles or as ahail
be fixed by ordinance or resolution by
such coundl. A majority of snch council
shall constitute a Quorum for the transac
tion of any business, but tt shall require
a majority vote of th whol coundl In
any snch dtv to Ds anr measure or
trnn .nv huin..
Pablle Offices, Mayor, Daty.
Bee. It The mayor and eoundlmen shall
maintain offices at the dty hail and the
mayor shall. In a general way, constsntly
Investigate all public affairs concerning th
city's interest and Investigate and ascer
tain. In a general way, the efficiency and
manner in which all departments of the
city government are being conducted, and
he shall recommend to the dty council all
such mstters aa In his judgment should
receive the Investigation, consideration or
action of that body.
Political V lews
Sec 17. Any officer w employ of such
city who. by solicitation or otherwise, shall 1
exert his Influence directly or Indirectly
to Influence any other officers or employes
of auch dty to adopt his political views
shall be guilty of a misdemeanor and upon
conviction shall be punished by a fine not
exceeding hw or be imprisoned In the
county jail not exceeding thirty days.
Pe4ltloas.
Sec. IS. All petitions provided for in this
act shall b signed by none but legal voter
of th dty and each petition shall contain.
In addition to the names of the petitioners,
the street and house number In which th
petitioner resides. The signatures to such
petition need not all be appended to ons
paper, and at least one of the signers of
each such paper shall make oath before
eom officer competent to administer oaths,
that the statements made in any auch pe
tition are true as b verily believes, and
that tha signers thereon were at the time
of signing s-jch petition, legsl voters of the
city as bs verily believes and shall also
state In said affidavit th number of sign
ers upon the petition, or psrt thereof,
sworn to by him, at tha time he makes
uch affidavit.
Ueaeral Laws tievera.
Bee. 11 All general state laws governing
the several classes of dtles described in
this ft shall, according to th class within
which It Is embraced, apply to and govern
any dty adopting this act and electing
officers thereunder so far. and only so far,
as such laws are applicable and not In
consistent with the provision. Intent and
purpose of thla ad, and all acts and parts
of acts Inconsistent with the provisions of
tills act shall, upon the adoption of this
act. by any such city and election of offi
cers thereunder, be deemed and held to be
repealed.
A pprofxiarleaa.
Sec. 10. If at the beginning of th term
of office of th first council elected under
the provisions of this aot, the appropria
tions or distribution of tha expenditures
of the city government for the current fis
cal year have been made, aaid ooundl shall
hav power, by ordinance, to revi, re
peal or change such distribution or to
make additional appropriation, within the
limit of the total taxes levied for such
year.
Co aril, Reeall.
Sea. XL Any of such eoundlmen may be
removed at any time from office by the
qualified electors of any such dty. Th
procedure to accomplish the removal of
any Incumbent of uch offlc shall be as
follows: A petition signed by such elector
equal in number to at least SO per osntum
of the highest vote cast at th last pre
ceding general dty election demanding an
election of a successor to the person
sought to be removed and naming the can
didate or candidates proposed for election
to succeed him. shall be filed with the
city clerk, which petition shall contain a
general statement of the grounds upon
which the removal Is sought. Within ten
days from the date of filing such petition,
the dty clerk shall examine It and from
the voters' register. If the petition be
filed In any city where registration laws
are tn force, or if not, then from such
source aa may be available to such clerk,
ascertain whether or not said petition Is
signed by the requisite number of quali
fied electors, and, If necessary, the coun-
011 "naU aHow "uch clerk "ttr help for
thftt DUrtWMA fan I the Hark hall a. f tastfe
that purpose, and the clerk shall attach
to said petition hla certificate showing the
result of such examination, and If the
clerk's certificate to such petition shows
that It Is insufficient In point of numbers
signed, tt may be amended within ten
days from the date of such clerk's certifi
cate by the filing of a supplemental peti
tion signed and sworn to aa In the case of
the original petition, and the clerk shall
within ten days after such supplemental
petition be filed, make a like examination
of the supplemental petition, and If the
certificate shall show the supplemental pe
tition, together wltb the original petition,
to contain the requisite number of signa
ture, th clerk shall submit such original
petition and supplement together with his
certificates, without delay, to the council
and the coundl shall order and fix, with
out delay, a date for holding an election,
which date ahail not be leaa than thirty
nor more than sixty day from th date
of the Clark's certificate to the eoundl
howlng th petition suffldent. Candi
date other than those mentioned In the
recall petition herein provided for shall be.
nominated as provided in this ad except
that where but one councilman Is to be
voted upon only the person receiving the
largest number of votes of elector shall
be deemed nominated and placed upon the
ballot; where two councilmen are to be
voted upon only the two candidate recdv
tng the largest number of votes shall be
deemed nominated and so on. Such primary
shall bs held upon the second Tuesday
prior to the election. The coundl shall
make, or cause to be made, publication of
- notlc ot tha tim of holding such election
and all arrangements for holding such
election, and the method and manner of
conducting the same and canvassing the
vote cast thereat and declaring the results
thereof shall be the same In all respects
aa at the general or regular dty elections
In any such city, except that th ballot
used at such election shall be the paper
ballot authorized by the Australian ballot
law and the ticket shall be printed in the
same manner as herein provided for the
holding of elections at the general city
election In such dty and the names thereon
so arranged, and aid to voters restricted
to the classes hereinbefore named. The
successor of any officer so removed shall
hold office during the unexpired term of
his predecessor; and any councilman sought
to be removed may become a candidate
to succeed himself, and unlesa he requests
otherwise in writing, the clerk shall place
his nam on th official ballot ' with the
other name mentioned In such petition.
In any auch removal election the candidate
receiving the highest number of vote shall
be declared elected, and at such election If
some other person than the Incumbent re
ceives the highest number of votes the in
cumbent shell thereupon be deemed re
moved from the office upon the qualifica
tion of his successor, and If the party who
receives the highest number of votes
should fall to qualify and give bond, as
by law provided, within ten days after re
ceiving notice of his election, the office
hall be deemed vacant and shall be filled
by the remaining members of th eoundl
as any other vacancy Is filled in such of
fice. If the Incumbent receives the high
est number of votes cast at such election,
he shall continue In office. The foregoing
method of removal shall be cumulative
and additional to th methods otherwise
provided by law for removing such offi
cers. lalttatUe.
Sec 22 Th right to era t ordinances
for any city roveraed by thia act U hereby
granted to t ,e qualified electors of such
city. But such grant Is made upon the fol
lowing conditions and In addition to the
right herein granted to the council to leg
islate. Wheneve qualified- electors of
any such city equal in number to 15 per
centum of the vote cast at the last pre
ceding city election petition the council
to enact a proposed ordinance it shall be
the duty of the council to either
enact auch ordinance without amend
ment within thirty days of' submit
the same to a vol of the people at the
next election held within such dty re
gsrdleas of whether or not snch election
be a dty, county or state election.
Whenever such proposed ordinance is pe
titioned for by qualified electors equal In
number to 26 per centum of the vote cast
at th last preceding elty election and such
petition requests that a spedal election be
called to submit the proposed ordinance
to a vote of tbe people tn the event thai
th council shall fall te enact th same It
ahail be th duty of th council to either
enact such ordinance without amendment
within thirty day or submit such
ordlnsncs to a vote of the people at a spe
cial election called by the council for that
purpos, th date of uch election shall
not be less thsn fifty days nor more than
seventy days sfter the filing of the peti
tion for the proposed ordinance. Th pe
tition herein provided for shall be tn gen
eral form and as to signatures and verifi
cation as provided In this act shall be
filed with th dty clerk, and If there be
no city clerk then with auch other officer
having charge of the records of the dry
coundl. Said officer ahail Immediately as
certain the per centum of the voter signed
to such petition and transmit hi finding
together with such petition to the coondl.
In the event the coundl ahail fail to
enact such ordinance the council shall sub
mit same to vote of the peopi of suoh
city aa herein provided. Th mayor ahail
Issue a proclamation notifying th electors
of said election at least fifteen days prior
to suoh election, snd the council shall
cause to have- published a notice of said
election, and a copy of such proposed
ordinance ones In each of th dally news
papers of general circulation tn said dty
and If there be no dally newspaper pub
lished within such dty then once tn each
weekly newspaper of general clreohtrlon tn
such city, such publicstion to be not more
than twenty nor less than five days be
fore the submission of th proposed
ordinance to the electors. All proposed
ordinance ahail hav a title which shall
state In a general way th prrrpoe and
Intent of such ordinance. The ballot a need
when voting upon such proposed ordinance
shall contain the following: "For the
ordinance" (set forth th title thereof) and
"Against th ordinance" (set forth the
title thereof.)
If a majority of the electors voting on
the proposed ordinance shall vote In favor
thereof such ordinance shall thereupon be
come a valid and binding ordinance of
th elty; and an ordinance ao adopted
.ahail not be altered or modified by th
coundl within one year after the adoption
thereof by the people. Any number of
proposed ordinance may be voted upon at
tha same election In accordance with the
provlalona of this section. Provided, that
the aame measure either in form or essen
tial substance shall not be submitted
oftener than once in two years.
Refereadera.
Bee 21 No ordinance passed by any
auch council, except when otherwise re
quired by the general laws of the state,
or by other provisions of this act, except
ordinance appropriating money to pay the
salary of officers and employes 0f th
dty. urgency ordinance for the Immediate
preservation of the publlo peace, health
or safety, and which contain a statement
of such urgency, shall go Into effect be
fore fifteen days from the time of Its final
passage; and If during said fifteen days
a petition, signed and verified as hereinbe
fore provided, by electors of the city equal
In number to at least 16 per centum of the
highest number of votes oast for any such
coundlman at th last preceding dty elec
tion, protesting againat th passage of suoh
ordinance, be presented to suoh council,
then such ordinance ahail thereupon be
suspended from going Into operation, and
It shall be the duty of tbe council to re
consider such ordinace; and if the same be
not entirely repealed by such coundl then
the said council shall proceed to submit
to the voters such ordinance at a special
election to be called for that purpose or at
a general city election; and auch ordinance
shall not go into effect or become operative
unless a majority of the qualified electors
voting on the same ahail vote in favor
thereof. Such petition shall be in aU
respects in accordance wl;h the provlalona
of -thla act relating to signatures, verifi
cation, inspection and certlficatin.
Coaamlasloa Plan Abandoned.
Sec 34. Any dty which shall have oper
ated for more than four years under the
provisions of this act may abandon tha
provisions of this act and the organization
thereundur. and accept th provisions of
th general law of tbe state then applicable
to cities of Its population, by proceeding
aa follows:
Upon a petition signed by aucb number
of the qualified electors of any such city
aa equals at least 25 per centum ef the
highest vote cast for any of ths eoundl
men elected under this act at the last
preceding general or regular election In
any auch dty, being filed with and found
sufficient by the dty clerk or clerk of
such council, a special election shall be
called In any such dty. at which special
election the following proposition only shall
be submitted: "Shall the city (nam of
city) abandon its organisation under (nam
ing the chapter of the published law con
taining this act) and become a dty under
the general laws of the state governing
cities of like population?" If a majority
of the votes cast at any auch special elec
tion be in favor of auch proposition, the
officers elected at the next succeeding gen
eral city election In any such city shall be
those then prescribed by the general law of
the state for cities of like population, and
upon the qualification of such officers, ac
cording to the terms of such general state
law, such city shall become a city gov.
erned by and under such genersl state law;
provided, 'however, that If auch special
election be not held and the reault thereof
declared at least fifty days before the
general election date in any such city, then
such city shall continue to be governed
under the provlxions of this act until the
second general city election occurring after
the date of such special election, and at
such general city election the officers pro
vided by such general stats law for the
government of any auch city shall be
elected and upon their qualification the
term of office of the councilmen elected
under the provisions of this act shall cease
and terminate.
Th sufficiency of the petition asking for
such spedal election shall be ascertained
by th city clerk In th aame manner ss
I heretofore provided as to petitions ask
ing for the removal of any such council
men and auch petition may be aupple
mented and the sufficiency thereof ascer
tained in the manner hereinbefore pointed
out for such removal and the data of hold
ing such spedal election after th suffi
ciency of auch petition be ascertained shall
be the tame as hereinbefore pointed out
for such removal and the general form of
the ballot to be used at such sr-eclal elec
tion shall be the sams as herdnbefore
pointed out for such removal and the gen
eral form of the ballot to be used at such
spedal election shall be the aame as herein
before provided for voting upon the adop
tion of this act. and the qualification of
the electors and th classes of voters whs
msy be aided In casting their ballots at
such Mclal election shall be th same as
hereinbefore pointed out for tb election
of councilmen under th provisions ef this
act. -