Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1858-06-23
Columbus Correspondence.
Columbus. June 17th, 1G

The long arguing is over. The cen
troversy in relation 10 the acts of til,
General Assembly, passed last winter Il
re-orgsn;ze the Penilentiary and S;at'
House, is now over, and three Governor!
of LocOfoco creation, have lost their oc
cupaiion.
II is to be hoped that Locorocoism vii
now quiet down a little and bide thei
time. That they will at least attemp
no more by illegal means TO get posses
sion of the Offices of State, or by usurpa
lion of the execution power granted by
the organic law of cur State. attempt tC
obtain place for political favorites.
The case as you are aware, was brough.
before the Supreme Court on a writ o
Quo Warranto. Two days were con.
sumed in the oral arrangements by coun.
sci. and the best legal ability brough.
out on beth sides of this case.
The case was opened BY Coz. Swayne,
on behalf Of the three governors appoint
ed By the Legislature, in a clear and for,
chile argument OIL. the constitutionality oil
the laws. He was followed in reply BY
Judge Warden in an eloquent speach oil
great power, and effect. The court then
adj ourned until next morning, when at
torney General Wolcott made his argu-
ment, which did ample justice to his rep
u~tation, for it was not only an interesting
and able effort, but fair and logical,
evincing deep research and great legal
accumen. Judge Thurman concluded
in a constitutional argument, taking
strong political grounds, and making al
together an able effort. This morning
Judge Brinkerhof, representing a ma
iority of the court, delivered the opinion
which in substance is as follows; viz.
/. That an employment, by public
authority, in a public trust. not merely
occasional or transient, is a public office,
though no fees be annexed to the EN-.
.ployment.
9. That the employment of William
kennon and his associates is such an EN-
ployment, and must be regarded as a
office.
5. That the designation Of the persons
alluded TO, as the holder of that office,
is the exercise by the General Assembly
Of an appointing power not prescribed in
he Constitution.
4 Tuai the General Assembly may
,onstitutionally exercise the appointing
cover only in the cases prescribed in the
Constitution.
5. That appointments to Office, as dis
inguished from elections, are official
lets.
6. That the defendants are not entitled
o the enjoyment of the privileges and
franchises which they assume to exer-
:se.
The above statement 10 unofficial, but
re believe it correctly represents the de-
Judge Swan delivered a separate con-
urring opinion. Chief Justice BARLEY
.issented,
Our city at this time presents a very
Iuiet and ~peaceable aspect. But little
usiness is being transacted, the farmers
eng all busy in their corn fields, en-
e~avoring to make up time lost in the ex
wet weather that we have had for
few weeks past. The wheat crop in
lis section, l think will be an average
ne, although much damage has been
one by the heavy rains. Straw berries
nd other fruits of that nature never were
lore plenty in our markets.
The work on the State House is being
Ished as advantageously as it could I'M
n the circumstances. The capitol
luare is now covered with a carpet of
reen verdure in The shape of grass that
Ids much TO its beauty and loneliness
nd we trust another season will see it
ecked with some shrubbery. The ap
ointment Of comptroller under the law
last winter, has not yet been made,
1t will undoubtedly be soon, as the law
kes effect the 1st Of July. This Office
axes a radical change in the admins.
alton Of the financial affairs Of our gov I
nment, and whether it will prove a i
holesome one or not, time will deter
inc.
The on the puplic works OF
II State, are comeing in much better
an last year, and. judging from the
esent, there will be an increase largely I
this department, unless the late rains
a.erially affect the navigation on GU |
mails. ,
1 have now given you all the news of :
here.
Yours Truly, H. =