A. D. 1910. Elections the pledge as to corrupt practices and the itemized statements as to expenditures, as provided in an Act making certain offences in primary elections misdemeanors and prescribing penalties therefor, approved March 6, 1905, Volume XXIV, of the Statutes, at page 949. The Board of Commissioners of Elections shall cause the names of all candidates in the primary election, classed according to their party affiliation, to be published in the daily newspapers of the city from the time that they have become qualified as candidates up to and including the day of the primary election; and the said Board shall provide the printed ballots to be used in the said party primary elections, the names of candidates for Mayor and, also separately, the names of the candidates for Councilmen, arranged alphabetically; the ballots in each case to bear the words "Vote for (the number to be elected)." The candidate receiving the largest majority vote shall be declared elected. In case a primary election do not result in a majority and larger vote for the number of persons to be elected in the regular municipal election, a second primary shall be had on the seventh day after the first primary, in which second primary the ballot shall contain, for each position for which choice is to be made, the names of two persons, those receiving the highest vote at the preceding primary election. didate for money sideration. Section 2023 (7) Any person who shall perform, or agree to Penalty for perform, any service in the interest of any candidate for any serving can office provided for in this Act (whether in connection with the con-primary election nomination or in connection with the municipal election, or in connection with the obtaining and filing of the petition required herein), in consideration of any money or other valuable thing, or of future support in obtaining office, shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment not exceeding one (1) year, and any candidate, or other person, who shall solicit or contract for, or otherwise seek or obtain such services in the interest of or against, a candidacy for Mayor or Councilman, or for or against any question that may be submitted to an election, or shall pay any money for said services or promise any valuable thing for such services, or to influence any elector in his vote, shall be punished in the same manner, and any person making false 1 answers to any of the provisions of this Act relative to his quali- A. D. 1910. fications to vote at any election herein provided for, any person wilfully voting or offering to vote at such election when not qualified as herein provided, and any person knowingly procuring, aiding or abetting any violation of any of the provisions herein, shall be guilty of a misdemeanor, and upon conviction, shall be fined not exceeding five hundred dollars ($500.00) or imprisoned not exceeding one (1) year, and all the other provisions of law now applying to bribery or corruption or other improper practices in connection with elections shall likewise apply to the elections herein referred to. Expenses Section 2023 (8). The expenses of each and every election provided for in this Article, including advertisement, provision of election. of ballots and any other item, shall be paid out of the City Treasury, upon the warrant of the Chairman of the Board of Commissioners of Elections. record of Section 2023 (9) The Mayor and Councilmen chosen as City counherein provided shall constitute the City Council of such city, cil; quorum; and each of them shall have the right to vote on all questions votes. coming before the Council, three of them constituting a quorum; and the affirmative vote of three members of said Council shall be necessary to adopt any motion or pass any measure, other than with reference to meetings and adjournments. Upon every vote, the yeas and nays shall be called and recorded, and every ordinance or resolution shall be reduced to writing and read before the vote is taken thereon, and every ordinance or resolution passed by Council shall be signed by three members and be recorded before the same shall be in force. The Mayor, or, in his absence, one of the Councilmen chosen as Mayor pro tem., shall preside at all meetings of the Council, but shall have no power to veto any measure. Section 2023 (10) The Council shall have, possess and exercise all executive, legislative and judicial powers and duties conferred upon such city, or theretofore belonging to it, with the power to establish such subordinate officers as they may see fit and assign to them appropriate duties, subject to the Council. Each member of the Council shall give to the duties of his office all the time that may be needed for the most efficient conduct of the affairs of the city. Powers of council. A. D. 1910. Five de created powers council. Section 2023 (11) The executive and administrative powers and duties shall be by said Council distributed among five partments departments, of which each of the members of Council shall be the Superintendent of one, the Mayor making the assignment, and reassignments being made by a vote of Council when deemed necessary. The Council shall have power to change or abolish any offices theretofore existing in said city, and to establish such offices with such salaries as may seem desirable, and shall, by a vote of three members, fill any position, or remove any officer, except certain civil service positions and officers hereinafter provided for, and shall abolish, as to such city, the Police Commissioners provided for in "An Act to authorize the establishment of Boards of Police Commissioners, and powers thereof in cities of not less than twenty thousand and not more than fifty thousand inhabitants," approved February 26, 1902, Statutes at Large, Volume XXIII, at page 1050; the police powers of said city being thereafter exercised by said Council, with one of the members of Council as Superintendent of said department: Provided, however, That other Acts of the General Assembly applicable to such city shall Salaries; remain of force. The Mayor shall be paid an annual salary of of twenty-five hundred dollars ($2,500.00) and each Councilman an annual salary of two thousand dollars ($2,000.00), payáble in equal monthly installments. Regular meetings of the Council shall be held at such times as may be provided for by ordinance, and at least once a month, and all meetings, whether regular or special, at which any person not a city officer is admitted, shall be open to the public. meetings council. Section 2023 (12) Every ordinance or resolution appropriatOdinances; ing money or ordering any street improvement or sewer, or how passed. making or authorizing the making of any contract or granting any franchise or right to occupy or use the streets, highways, bridges or public places in the city for any purpose, shall be complete in the form in which it is finally passed, and in such form remain on file with the City Clerk, open to public inspection, at least one week before the final passage or adoption thereof. No franchise or right to occupy or use the streets, to occupy highways, bridges or public places in any city shall be granted, streets. renewed or extended, except by ordinance passed three times Franchise on three separate days; and every franchise or grant for inter- A. D. 1910. urban or street railways, waterworks, gas or electric light or power plants, heating plants, telegraph or telephone systems or other public service utilities within said city, must be authorized or approved by a majority of the electors voting thereon at an election which shall be ordered by Council. ployees. Section 2023 (13). No officer or employee elected or apQualificapointed in any such city shall be interested, directly or indi- tion of offirectly, in any contract, or job, for work or materials, or the cers and emprofits thereof, or any services to be furnished or performed for the city, or for any person, firm or corporation operating interurban or street railways, waterworks, gas works, electric light or power plant, heating plant, telegraph or telephone system, or other public utility within the territorial limits of said city, or doing business or proposing to do business in said city. No such officer or employee shall accept or receive, directly or indirectly, from any person, firm or corporation operating within the territorial limits of said city any such public utilities' company or other business under a public franchise, any frank, free tickets or free service, or any other service upon terms more favorable than are granted to the public generally, or request or induce the granting of any such favor to any other person. Any violation of the provisions of this Section shall be a misdemeanor, punishable by a fine of not less than one hundred dollars ($100.00) nor more than five thousand dollars ($5,000.00), or by imprisonment for not less than one (1) month nor more than (5) years: Provided, however, That the policemen and firemen in uniform shall have the right to free transportation upon any street railway within the limits of said city. How mayor men may be from office. Section 2023 (14) The Mayor or any Councilman may be removed from office in the following manner: Whenever quali- and councilfied registered electors of said city, equal in number to at least removed twenty per centum of the entire votes cast at the primary election which chose the candidates at the last preceding municipal election, file with the Governor a petition demanding the removal of the Mayor or any Councilman, and stating the grounds for said demand, the signatures to said petition showing the place of residence and the occupation of each signer, A. D. 1910. and stating that he is a qualified registered elector of said city, said petition being duly verified as to these facts by one or more persons who make affidavit on said petition as to any stated number of said petitioners, the said Governor shall order an election for a day not later than thirty (30) days and not earlier than two (2) weeks, after the filing of the said petition with the said Governor; said election to be conducted by the Board of Commissioners of Elections and the Managers of Elections, under the rules and regulations and penalties applying to other elections, at which election the said Board of Commissioners of Elections shall provide ballots, on which shall be placed the name of the Mayor or Councilman whose removal the petitioners had demanded and also the name or names, of any other candidate, or candidates, for the position then held by the said Mayor or Councilman, the said ballot to be prepared at least five (5) days before the date of the election. The person receiving the majority of the votes cast in said election shall hold the office during the unexpired term, and the incumbent shall not be removed unless a majority vote is received by some other person; but, in case there be no election, a second election shall be had, at which the ballots shall contain only the names of the incumbent and of his opponent who received the highest vote at the preceding election; the said election to be held on the third day after the first election unless delayed by a contest as to the result of the election, in which case the Board of Commissioners of Elections shall advertise a day for the second election, not later than ten (10) days after the first election. tition. Section 2023. (15) Any proposed ordinance may be subOrdinances mitted to the Council by a petition signed by qualified registered may be proposed by pe- electors of said city, equal in number to twenty per centum of the votes cast for Mayor at the last preceding primary election, said petition stating the facts as to the petitioners and being verified, as hereinbefore provided for petitions; and within two weeks after the filing of said petition, said Council shall pass the said ordinance or call a special election, at which the adoption or rejection of such ordinance shall be submitted to the registered electors of said city, or said ordinance shall forthwith, upon the failure of Council to act as hereinabove prescribed, become a valid ordinance of said city after the |