Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-02-22


lowing members were present at roll-calI :
Asessrs. Armstrong, Buttles, Carmicha' |,
DoAaldson, Douty, Field, Gaver, Gilmore,
Graham, Naghten, Patterson, RAIDER, Ross,
Thompson, and President.
The minutes of preceding meetings were
read and approved.
The following communication from the
City Civil Engineer, was presented and
read:
To the Hon. City Council:
GENTLEMEN She plats and estimates
ordered at your last regular meeting requir-
ing unusual surveys and examinations,
respectfully ask an extension of time for
| their preparation.
Respectfully,
| PHIL. D. FISHER.
President Reinhard laid before the Coun-
Gil the following report:
COLUMBUS, Feb. 20, 1865.
AS requested by the City Council, we
have considered their ordinance of Decem-
Der 26, 1864, amendatory of the ordinance
of August l, 1864, relating to bounties to
volunteers and now report:
That the only statute we have found that
confers upon the Council the power to pay
bounties, is the act of March 2S, 1864, 61st
vol. Ohio Laws, page "a; and the question,
therefore. is whether this act authorizes the
enactment of the ordinance under consid-
Grafton. We are clearly of the opinion that
the first fifteen sections Of this act relate
wholly to the acquisitions of the President
of the United States, made in October, 1868,
and February, 1864, and, therefore, confer
no power upon the Council to pay any bonds
in respect to enlistments under the Presi-
dents requisition of July Is, 1864. But the
18th section relates tO enlistments under
| M aI np m ha ma a of haf
of February, 1864, and authorizes the
Council ito offer bounty for volunteers,
not exceeding the sum of 500 for each re-
quired from any such city to fill its quota
under such call or calls"
| The remainder of the section relates to
the mode OF raising the money.
| Here then is the power possessed by the
Council, and what is it? 1t is power to
"offcr bounty for volunteers to fill the
quota of the city. Plainly, it seems to us,
this is authority to pay volunteer who had
enlisted before the offer was made, that is,
before the passage of the ordinance; and is
certainly no authority to refund to any one
money paid by him to procure the enlist
ment OF such volunteer. The object of sec
ton 16 aforesaid is to enable the city to fill
its quota, by offering a bounty to those who
should, upon the faith of such offer, enlist
that is, to offer bounties in order to pro-
cure enlistments. 1t is no part of its object
to make donations to those who, before the
making of any such offer, had enlisted, or
to refund advances made to procure volun-
teers prior to such offer. The latter object is,
| to some extent, provided for IN the first fiji
teen sections of the act but, as before said,
they relate to the calls of October, 1862 and
May, 1854, alone. We are, therefore, unani-
mously of the opinion that SO much of the
original and amendatory ordinance as
provides for the payment of bounties
to those who had enlisted before the pas
sage of the original ordinance, to wit, Au-
gust /, 1864, or, for refunding, in whole or
in part, any advances or subscriptions made
before that date, issunauthorized by law and
void.
Were we less clear than we are upon this
point, we should still think the power too
doubtful to be acted upon with safety to
should purchase the bonds. But to our
minds, it is plain that the power does not
exist.
If 1t be deemed advisable that it should be
conferred upon the Council, application
must be made for it to the General Assem-
bly,. Respectfully submitted.
A. G. THURMAN,
JOHN w. ANDREWS,
III. j. WYLIE.
A communication from John III. Klippart
was presented and read, advising the COun-
Gil that he will sail for Europe about the
first OF April next, and proposing to collect
facts on the subject of sewerage, if the city
will furnish $500 to pay expenses. Referred
to committee on Sewerage. &
A petition numerously signed was pre-
sented and referred to the 9th Ward COM
mittee, representing that the building sit
uate Immediately south of the German
Lutheran church, on High street, opposite
the Court House, is about to be used and oc-
cupied for brewery, distillery and saloons
and that its occupation for said purposes
will render it great nuisance; and pray
ing that the Council shall take proper steps
to prevent said injury.
Mr.. Gilmore offered the following resolu-
ton, which was adopted:
Resolued, That the city civil engineer be
and he is hereby directed to prepare the
necessary plat and estimate for construct
ing an l8-inch sewer on Elm alley, from
Water street to State avenue.
Mr.. Gilmore, from the committee to pro-
cure the passage of Mr.. Converses Bounty
Bill through the Legislature, reported that
1t was now law.
Mr.. Gilmore then presented a substitute,
by way of amendment, to the pending
Bounty Ordinance. 1t provides for issuing
one hundred dollar bonds, to the amount of
$2, 500 bearing interest at the rate of six
per cent. per annum-one In favor of each
recruit, or any person or persons who shall
produce satisfactory evidence OF having ad-
vanced one hundred dollars bounty to said
recruit; in other words-one hundred dol
lars to each recruit required to fill the quota
of the city of Columbus.
This Ordinance was then read the third
time.
Mr.. Thompson offered an amendment
to provide against issuing bonds for recruits
already put in, which, after discussion, was
voted down by the following vote:
1 YEAs-Jaeger, Naghten, RAIDER, Thomp-
son, Reinhard-5.
NAYs-Armstrong Buttles, Carmichael,
Donaldson, Douty, Field, Gaver, Gilmore,
Graham, Miller, Patterson, Ross-12.
Mr. Jaeger then offered the following
Proviso:
provided, That bonds to the amount of
500 for each volunteer required to fill the
quota of the city of Columbus under the
call of the President of the United States
of the 10th of December, 1854, shall be at
once issued aid the same shall be divided
to the Wards ;nproportion to the quota of
each Ward, and paid in the hands of the
Trustees of the Wards, to be used by them
as their judgment shall determine for the
benefit of their respective Wards"
This Proviso was voted down by the fol-
lowing vote:
YEAs-Donaldson, Jaeger, Naghten, Ra-
der, Thompson, Reinhard-6.
NJ -. n..AA n -