The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1864-04-28
ANOTHER PIECE OF BUTTERNUT
PREsUMPTION.


PREsUMPTION. A
The County Auditor, acting under "
the advice of his butternut friends, 8
has taken it upon himself to appoint
an Assessor for each ward in the city. I
The law Of last winter allowing sol ,
dicrs to vote at municipal elections
provides as follows:
"SEc. IL. That SO much of an act
entitled "an act to provide for the Or
ganization of cities and incorporated
villages, passed May 8, 1852, and acts
amendatory thereto, rs required the
poll-books to be opened, and the trus.
tees elected from each city to assemble
and organize the city Council on the
Monday after the election, be suspend
ed during the existence Of this act
and the returns Of election shall be
held twenty days, counting from, and
excluding the day ofelection, to receive
returns under this act, when they shall
be opened, and the trustees elected
shall proceed to organize under said
acts"
Under this act the returns of elcc-
tions in cities and incorporated viii
lages arc to be held twenty days before
being opened, in order to give time to
receive returns from the Army. The
returns for this city were not opened
until Monday last, when the twenty
days expired but it was accurately
known at the time of counting the
vote that the following persons were
elected Assessors for the city First
Ward-G. Younghans. Second Ward
Peter Titlcr. Third Ward-James
: Toole. Fourth Ward--G. Hebron
OF these officers, Mr. Younghans and
D Mr. Titler were elected on the Union
: ticket, the remaining two, on the But
ternut ticket. The Auditor, without
I any regard for tho expressed will Of
Q the people, appointed tho following
persons to serve as assessors: First
j. Wards. III. link. Second Ward
" VIM. Bush. Third JVdrd-Jamcs Toole
Fourth Wdrd-Geo. Hoilbren. These
are all four Buttenut officers, The
two elected in the third and fourth
Vt wards on tho butternut ticket are ap-
8 pointed, and two Of the same political
/ complexion, are appointed for the first
q and second wards, over the heads ol
J. two Union officers, The Auditor find,
n his authority for this proceeding in thC
l. following section of the act "To pro
'f vide for tho election of township as
7, SCISSORS" etc, passed and took Office
ID April 4, 1859:
N SEC. 2. Each township assessor
8, shall give bond and take tho proscri
ct bed oath on or before the first Monday
r after his election, and tho township
clerk shall notify tho county Audito
thereof; and if tho county audito
m shall receive no notice Of tho qualifica
n tions of the assessor, in any township
in ward or city in his county, on or be
10 fore the third Monday in April in eac
- ;, year ho shall consider such offlco vU
Is cant; or if there should be a failure t
~ elect by the people, or shall bo at an
he time, or from any cause, vacancy |
no the office Of assessor, or If tho assesso
,n of any township or ward, having qua
- ifed shall not have proceeded 10 tn
Xt discharge of the duties of his Office bt
We fore the third Monday Of April in ono
10. year, tho county auditor shall fortl
IN. with appoint one or moro suitable pe
i, sons, residents of tho county, to di
~" y" charge the duties of assessor in sue
nc township or ward" &c.
los This is explicit enough ccrtainl
by but tho Auditor must have known TIL
re. this was an old statute inconsistel
VII with now ono, and the principle
'is- well established that ian old statu
be- gives place to now ono" Il Blac
'ct- G. p, s9) NashS Digest, page 81
ian contains tho following decision:
lly ut is q principle we'll ostablishc
Two that whero n statute is passed viii
by conflicts with, contradicts, or is inco
nth sistent with former statute the latt
, - must.havo effect. II tho two cam
ing stand together, the former must gi
Aiiy way it will be considered as repe'
'one cd :"
ght, 1t may be said in reply to this Il
Is Of it is not tSe province of the Auditor
o is decide upon the inconsistency of t
inal statutes, especially when his duties
, the so explicitly defined as they are in
ight law providing for the appointment
ltest Assessors, But he was compelled to
take eide the question before he could mG
onts the appointments, He must hi
in known that in consequence Of tho n
,ath, law, the Assessors elected could
inc, qualify within the time required
lied the old law, and that therefore the