Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1860-05-07
NEwPoRT NEWS.

| LEGAL DEcIsfON.--The following is sum-
mary of the opinion of the Mayor, in the case
Of the city Of Newport Ds. Joseph Selman,
In which the defendant was charged with
unlawfully OBTAINING the keys Of the Jail
from his successor:
| The defendant Is charged with "refusing to
deliver to his successor in office the keys and
buildings of the City Jail, and with obstruct-
ing him in the discharge Of his duties" under
an ordinance of the City Council, approved
April 6, 1860.
The defendant was appointed by the City
Council iailer in March, 1859, and took pos
session Of the old Jail building and entered
upon the duties of his office. In March, 1860,
Jonathan Horsfall was appointed jailer. Sell
man still claiming the Office and possession Of
the buildings, the city, in April, 1860, COM
menced against him an action of 'forcible
detainer." This resulted in verdict for the
city, which was traversed by the defendant
to the Circuit Court.
After these proceedings had been COM
menced the ordinance in question was passed.
On the 9th April, 1860 Horsfall made a
regular demand upon Selman for the keys,
buildings and other jail property.
The defendant coDtended
l. That the City Council has no power to
appoint jailer, except for the term of four
years, as prescribed by the State Constitution
for County Jailers.
O. That the Council had no power to ap-
point jailer at all.
g. That the City Council had no power TO
pass the ordinance in question.
The first and second points will be con-
sidered together.
By the act of the Legislature, approved
February "a, 1884 the City Council has
power, and may procure or erect q suitable
building for Work-hoHse, and pass suitable
laws for the government Of the same, and
may conhne therein persons fined by the
Mayor, or Justices, or Juries under them
and the present old Jail by the same act is
established as q Work-house.
In substance, power is given by this act to
establish Jail, and as necessary incident,
the power to appoint Jailer. The Work.
house is, in fact Jail, and the agent to gov
ern it is Jailer, or by whatever names they
may be called.
Sec 2. By the act approved March 10, 1885,
power is given to the City Council ITO erect,
alter or repair any public building in said
city, for the use of said city or the County of
Campbell
Sec. 3. That the public buildings of said
city viz; Courthouse, Clerks office, and
jail, may be used for county and Circuit
Court purposes"
By the act approved February q, 1856, sec
ton 4 "The city of Newport shall provide
and keep in order the Courthouse, Clerks
olhce and jail, which may be necessary for
said Court (Circuit) in Newport.
These several acts confer upon the City
Council, if not in express words, by neces-
sary implication, power to establish a Jail
and appoint Jailer for the city of Newport {;
and power, by the last amended charter, is
given to the Council to appoint certain Off
GERS annually, and to remove them at pleas
ure. And in this is embraced, in the opinion
of the Court, the City Jdiler.
The Newport Jaier is not an officer under
the State Constitution. If so, he would have
to be elected by the people of the county he
would have to reside at the county seat
There is only one regular Jailer for a county
known TO the Constitution. He is, therefore
exclusively a city officer, with the authority
vested in him by statute and by city ordi-
nance.
3. The City Council has the power to pass
the ordinance in question.
1t is not er post tdctO in its operation, nor
does it otherwise conflict with the Constitu-
ton or laws of the State, or with the vested
rights of the defendant.
1t is, therefore, adudged that the defend
ant isguilty the offense charged in the writ,
and that he make his fine to the city by the
payment of So and cost.