Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-04-21
JUDGE THURMAN'S OPINION.
II is Conclusive that it Requires the
Votes Of a Majority of all the
Members to Legally Elect
a President of City
Council.
COLUMBUS, April 10, 1860.

Dear Sir-Your note of yesterday has
been received, In which you ask for my
opinion on the following qnestion "ls
| the President of the City Council an officer,
and if so, can he be legally elected by q
majority of all the votes cast il quorum
| be present, or is a majority OF the whole
number of votes Of all hte members elected
necessary to choice"
The President is certainly an officer. lie
Is to preside over the Council and aathenti-
| cate all its bylaws and ordinances by his
| SIGNATURE. These are official functions
Thus, the President of the Senate and
| Speaker of the House of Representatives
are called officers in our Constitution. Art
III, sections s, IL and 81. And so in the
former Constitution, Art. /, sec. 8. And so
1 in our statutes, S. 81 c. 669, sec. 7-5S .. IL.
| Is. And the Speaker of the House OF Rep
| reseutatives in Congress Is an officer. Cons
| u. S, Art. |, sec. 2. But what removes all
| doubt, if there could be any, is, that the
President of the Council is called an ''oifl-
Ger" in the City Charter, sec. eli. 49,.
Then the very next section (sec. ciii,
provides that to pass or adopt any bylaw
| ETC., "a concurrence OF majority OF The
whole number of members elected to the
Council shall be required; all appointments
| of officers by any Council shall be made
Uiva voce, and the concurrence OF like
majority shall be required; the names OF
those voting, and for whom they voted on
the vote resulting in an appointment, shall
be recorded"
If the President is one OF the officers re-
ferred to in this section, it is obvious that
he cannot be elected without the concur
renee of a majority of the whole number
of members elected to the Council"
think that he is such an officer. The Ian
guage of the section is as broad as could be
used. AL appointments Of officers by
auy Council" are its terms. see no sufficient
reason for excepting the President from
the plain import of this language; while
several important considerations forbid
such an exception. 49,.
l. If the provision requiring a majority
of the votes of all the members elected,
does not apply to the appointment of a
President then, neither does the provision
requiring the vote to be riUd UOCe, and the
names of those voting and for whom they
voted to be recorded. If this be so, the
President can be chosen by ballot. l do
not think that he can be so chosen, and for
the same reasons, do not think that he
can be so chosen by less than majority of
all the members elected.
1t is obvious that the charter is framed
upon the model OF the Constitution, and
the powers and proceedings of the Council
prescribed in analogy to those of the Cen
eral Assembly. Thus, majority of the
whole number of Trustees is necessary to
constitute quorum for the transaction of
business they are judges of the election,
returns and qualification of their own
members; they determine the rules of their
proceedings and keep journal there
of, which is open to the inspection and eX-
animation of any citizen; they compel
the attendance of absent members {;
they have a President and Clerk;
their sessions are public; any member may
be expelled, or removed from office, by d
concurrent vote of two-thirds of all the
members, but not second time for the same
cause; vacancies are filled by special cleo
tions of the electors; all bylaws, ordinan-
ces, &C., must be passed by a majority of all
the trustees; il of general or permanent
nature they shall be fully and distinctly
read on three different days, unless three
fourths of the Council dispense with the
rule; no bylaw or ordinance shall contain
more than one subject, which shall be clear
ly expressed in its title; and no bylaw or
ordinance, or section thereof, shall be re-
vived or amended unless the new bylaw or
ordinance contain the entire bylaw or or
dinance or section revived or amended, and
the bylaw or ordinance, section or sections
so amended shall be repealed. No Council
man shall, during the term for which he
shall have been elected, or for one
year thereafter, be appointed to any mu-
nicipal office, which shall have been
created or the emOluments of which
shall have been increased during the
term for which he shall have been elected;
nor be appointed to any municipal office,
except in the cases provided in the charter.
g. ~ l. ha hn,y H,n,
elected nor be interested directly or indi-
rectly, in the profits of any contract or job.
for work or services to be performed tor the
corporation. The emoluments OF no officer
whose election or appointment is required
by the charter, shall be increased or dimin-
ished during the term for which he may
have been elected or appointed; nor shall
any change of compensation affect any Off
Ger whose Office shall be created under the
authority of the charter; and no person
who shall have resigned or vacated any of
fee shall be eligible to the same, during the
period of time for which he was elected or
appointed to serve, where, during the same
time, the emoluments have been increased.
All bylaws and ordinances are to be anthem
ticated by the signatures OF the presiding Of
ficerOf the Council and the Clerk. and to be
recorded; the yeas and nays are to be call
ed on their passage and recorded; concur
renee of majority of all the members
elected is necessary to pass them; all APP
pointments of officers by any Council shall
Be made viUd U0ce, and the concurrence of a
like majority shall be required, and the
names of those voting and Tor whom they
voted shall be recorded.
See Charter, Secs. 80, 6l, G7, Sc, 102 and
103.
That these provisions are nearly all
copied from the Constitution, see Constitu-
tion, Art. III, Secs. 6, 8, 8, ii, IL, l6 IL, l9,
20, n, 81.
The intention, then, to conform the pow
ers and proceedings of the Council to those
of the General Assembly, as far as practi-
cable, is manifest.
Now, l think that it never has been
doubted that, under the present Constitu-
ton, the President of the Senate and
Speaker of the House of Representatives
must be schosen Uivd vOce Cons, Art. III,
Sec. %. And the Charter provision, taken
from the Constitution, in like manner,
in my judgment, requires the Pres
ident of the Council to be chosen
in like manner. But if this be SO, it is
undeniable that to elect him he must re-
ceive the votes OF majority of all the
Councilmen elected, for the same section
that requires the Uiua Uoce vote requires this
majority. Charter, sec. ciii.
2. To hold that bare majority OF quo
rum present may elect the President, would
open a door to very unfair proceedings
The Councilmen are required (Charter. sec.
59) to assemble on the next Monday after
the election, and organize the Council. But
no hour of meeting is prescribed. AS soon,