Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-05-10
LOCAL Ew s.
THE CITY COUNCIL.


The Morning Journdl OF yesterday has
moving editorial on the "Columbus City
Council" 1t whines most piteously like a
kicked spaniel. 1t is awfully in want OF
the gympathy of somebody with the present
positionof the Republican members OF the
Council. Referring to the alleged election
of Mr.. Comstock as President of the Coun-
Gil, the Journal says:
The election was conducted in due form,
by the prescribed mode; the President elect
took his seat and performed official acts as
President on the night of his election; tue
validity of his election is upheld ana sus-
tanned by the written opinion OF the olhcer
whose duty it was to give advice.
ci The Journal is very truthful paper. IL
never tellsa lie, at least it says so. 1t only
lets off occasionally little harmless 'ohae
lie, not the lie direct, but the lie by implica-
ton. For instance, in the above quotation,
it asserts, with an airof innocent positive
ness, that the present City Solicitor has
given written opinion sustaining the
validity of Mr.. Uomstocks election Inc
Journal twisted circumstance that occur
red six years ago into its service, so as to
convey the false impression that Mr. Wiley
in response to a resolution of the Council,
had given written opinion, sustaining
Mr.. Comstock's election.
Gen. James A. Wilcox, then City Solici-
tor, did, under date OF May z, 1860. in re-
ply to resolution of the City Council, fur
nish that body with his opinion that a ma
jority of the votes of all the members Of the
Council was not necessary to elect Presi-
dent. He has not given any opinion, at
least none has been made public, in regard
to Mr.. Comstock's election. His opinion
on the general question was given six years
ago, and the Council never recognized
that opinion as valid. Judge Thurman
of this city, in an opinion which
has been published in The STATESMAN,
critically reviewed andanalyzed the former
opinion of Gen. Wilcox, and clearly de-
monstrated it to be untenable. We think
the Journal itself will concede that the
present opinion of Judge Thurman is at
least entitled to equal weight with one
given by Gen. Wilcox half a dozen years
since.
Judge Thurman has served on the
Supreme Bench of the State. His legal
ability and sound Judgment, few will call
in question. In his published elaborate
opinion on the precise question of the valid
ity of Mr.. Comstock's election, he arrives
at the conclusion that such pretended cleo
ton was illegal aud void, or in other words,
that it was no election at all. This, of it.
SELF will, in the estimation of every con-
siderate man, uninfluenced by low partisan
bias, be considered an ample vindication OF
the position of the Democratic members.
. The Journal proceeds with its complaint
thus:
The President regularly calls the Council
to order, on the stated and regular nights ol
meeting, and at the regular place of meet
inp: the Union members of the Council are
prompt. in their attendance, and ready tc
proceed with the important and pressing
duties which the condition of the city im-
neratiyely demands, in view of the ap'
proaching pestilence. The Board of Health
presents urgent business for the considera'
tion of the Council every nightof its meet
ing; the city is in terribly exposed condi'
tion through half-finished work, which can
not proceed until the Council shall have
made certain necessary provisions; sewers
commenced are left opep, unfinished; the
Cholera is already in New York and we are
unprepared for it :-lChose fault is Hp Let
our citizens answer.
We repeat the question-"Whose fault Is
it?" and say-"Let our citizens answer
If the election of President was conducted
as the Journal asserts, in due form, by the
prescribed mode;" if ''the President cleo
took his seat and performed official acts az
President on the night of his election :
why is it that 'he regularly calls the Coun
ell to order on the stated and regular night'
of meeting" and adjourns the Council
night after night, without single attemp
to compel the attendance of quorum?
The Republican members, the JOurna
SAYS, "are in their places, ready for business
ready to execute the trust placed in thei
charge by their fellow citizens" In view
of the woful condition of the city owe
which the Journal walls SO pathetically
why do they not execute that trust? "Hov
long" to use the Journals courteous Ian
guage, will the Republican members "keel
UP this contemplate boys play" of meeting
from week to week in the Council Chamber
"making mouths" at the Democratic mem
bers, "while the public business remain
unattended to?" Do they imagine that tn
Democratic members, out of tender regar
to 'their lacerated feelings" will recogniz
as legal an election which they believe an
regard as illegal and utterly void9 '
The Journal says "the onus is certainl
not on the part of the Union members
prove themselves in the right" The on'
or burden of proof always rests on the part
making an assertion or claim as against tn
party who simply denies it. This is th
rule universally recognized in all legal an
parliamentary proceedings. If a ma
| claims that another owes him who refuses
pay, he must put up with the denial, or g
into court and prove his right to the none.
If an Individual denies the jurisdiction
authority of an officer or a Council, the o
ficer or Council must proceed to comp
obedience, and, if necessary, test the que
ton Of the alleged authority in the case b.
fore the proper tribunal, by showing a
firmatively the ground Of the jurisdictic
or authority claimed. "" .'' ra"'
The burden of positive action, whereve