Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1862-02-21
Gbe:.O5liOl,. Gtatsl;sj,,Ilr i; III


| n ~ eE5TYtli1 'ts1iioY -'."iSfI SSYi PO'~
blpps'5 l9yia 5C.d $50 adi sirs ~ 1ei1
onME. DREsEE said ;--Tbe law. Oi 1859, relating
to the Annexati, n Of cODtg u0ns tcIrt ory 20 4
city town or village, pOvlGes hos the MI, IA
ti0n may be decfeed either on the petition Of
THE uhabitants OF the terfitOry nsslf, sigbed
by a. majority OF the qnalihcd voters, iors after
tbesquesgon OF annexation has, been subm tied
to vote of the inhabtants OF the municipal
corporation, on the petition Of the town author
ities h ssl3 rot 'io sfh nat gat ii. blM
In either case the petition is TO be presented
to the County Commissioners. The law re-
qures them 10 hear the petition in public; to
permit all parties interested 10 appear and CON
tett the granting OF the petitiop;t TO examine all
affidavits which may be submitted In support or
against the petition. II, after the hearing Il
shall, in their judgment and discretion, seem
right and proper that the petition should bbe
granted, 1t is their duty to make an order TO
that effect which has no effect until two months
have elapsed. Within that time, any person
interested may make complaint 70 tue Court Of
Common Pleas, or 70 any Judge thereof, before
whom the whole matter may be again iully
heard II complaint be. made within the two
months, the order remains imperative, until
the complaint is beard and dismissed -Sii'
The interests Of the public at large, and of
the parties directly concerned, are fully guard
ed by the provisions Of this law ihAo
In 1857 "supplemeutal act" was passed,
providing "that no territory or land not now 10
cluded within the limits Of any city, town or
incorporated village plat, nor toiiH The limits OF
any addition thtrefO, shal hereafter be annexed
10 any municipal c5tpIrador, wit1out the assent
Of ofrHREE-FoURTHsB the legal poters Yesidihgo on the
land or terrltJrJ to be aunexed, which assent
shail be made Ia tcriting, ana presented 60 the
County Commissioners ot the same time the peti.
ton for such ahhexltiJn is pre- en ed ~ tue "a
agi eeebly to the provisions Of the ID h secti.I OF
the &C. tof 1852, 10 sohIeh this act Ia supplement
al; aud said peGhOn shalt set OF, h tue odiue of
each parcel pf land Ia The trritofy q be annered,
and the names Of Tie twaers H. e.f" sd
| n Tue repeal oil ttls act vi 1857 "a proposed b,
the bill nov uuder ,bsider4uJu'
The reasons why such repeal is demanded are
various. ''
|. The nquiremen OF the assent OF three.
fourthe Of the voters o. The tssatory 70 ne al.
nexed is Con rary 70 the ,p'tit Oi. the original
law OF 1852, and 10 direct @, a,Gt ~ilh the evi-
deht Intention OF the Legis'agWe lnpasslag The
original Law go .'.-.....'
The act OF 1857 neilber amends Dor repea'
any section OF tb. law OF 1852; it purports t.
be simply Q" supplem,ntqL "ae, 60 supply def
ciencies in the urigiual law, to carr out mOrt
fully its clearly defined obj ct THIS beins itt
character, IL must Yield TO The original act
whtnever a direct cUIaict appears between its
PROVISIONS and the provisions OF The act TO which
it ia supplemental" ~.
With regard to the question 'reIating to toe
assent of the residents Of the t,rrlt0ry to be
annexed, the Law Of 1852 hes bt en- full, siIteC
and indorsed by the Supreme Court oi Ooo
Ia two sdjadicated osses powers Com nis
laioDers OF Wood county b SGats Rep. $50, AnC
Blanchard v Bissell, II State Rep 95) th,
court decides that Itothe principle, that no QUE
can be madeh memUer OF a ctrpOrGtIon with.
out his c0nsentappies only to corpora tions OF O
private and purely voluntary character, which
laIe unconneeted with the civil government ol
the country But the principle is NOT applicable
to municipal corporations, which are az import
ant agencyOf civil government 10 the preserya a.
ton Of order, the enforcement Of lave, and the
/ promotion OF the common interests of the whole
community within their limits. The County
Commissioners are as proper public officers al
any Others 10 decide upon the public policy anG
conflicting interests involved in che deter nina.
tion OF the extent andlimits OF municipal cor.
operations sl mlis5 ~ q .stEaaHW M
The object the trainers Of the law OF 1856.
had in view, Twas wise and beneficial. hIt is tb,
priuGtsSelfsh interest oi citizeus residing bsa
\ towns, who eujos the benefitt, ,oithOut paying III
szP5HssS Of public ;SsTTe5s5ss's;s, #ii0 have In,
the bensfiG, by reflected value and conven fence
of expenditures, TO which lhey have not cou
tribuved anything, TO be opposed 10 The aR
Merdtion Of territory by them iGUnsd and .Occu
pied y llH snaI3lss g 5.5I le1 l18lel ..4,
They are opposed to annexation, because i
involves an increase of taxation on their part
To what extent their private interest yis c1l
ceTned, will appear from the folio wing data
which obtained from the Auditor office: ,,
For the last six years, the rate Of .tax4tion il
! Montgomery township, Fmuklin county, -hA
4 been about one-hf of ttie rate OF taxalion i
the city OF Columbus 80 ''-o IN.
The tsx duplicate q cur county shows, tha
out-lot Is az the head Of Mound street, in CD
city Of Columbus, is appraised az S2,9SS. O
800 per &C G, while out-lote 80 and SO, Just op
lposite, but ou,7ide Of the. corporation line, ar
lappraised at $500 per acre, The property a
itie head Of ToWn stree --outside Of the cit
lime, embracing I614 acres, il appraised at S2l,
646, or $685. per auie, ghlle the adjoining Out
lot, No. 81. ins,de o The corpOratlon line, aem
\ bracing "a acres, is appraised At S6,400, q
S., ,644 per acre. City o1l-lot No 67, on Broa
street, Is appraised AZ 50 976 per acre, while th
adjoining property outside Of the ccrporatio
line, is appraised at 1928 per acre. ''N'
One of our wealthiess citizens, who owns
splendid mansion, surrounded by a bedutifr
park, immediately outside of our city line, a
the head of one OF our most fashionable streets
+ who gets the gas ior his chandeliers from on
1city gas pipes, who walks on the city psyemer
from his home to his office, pays now $3, ,5e
70 taxes, while, if within the corporation line,-i
he should be---be would have TO pay taxes
4 the amount OF. S6,7i6.O0 He noto enjoys d
( lptotection Of the city police, the benefit oTsa
Tour CITY improvements at no se " Whateye