Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-05-11
nrrnnizntion of lhe CitY Council.

EDlTORs STATESMAN The Morning Jour-
nat of Wednesday had an editorial article
on the organization, or rather disOrganiZa-
tion of our City Council, and ehdeavors to
show that the Council is legally organized
saving, the city is in "a terribly exposed
condition through half-finished work
which cannot proceed until the Council
shall have made certain necessary provis-
ions" &c. l admit that the city is in ter
ribly exposed condition; but think it can
be shown to the satisfaction of all unbiased
minds that the Republican members are
responsible for this "terribly exposed con-
ditiOn," if the Council should fail to trans
act any business during this season.
If Mr.. COmstock be legally elected Pres
ident and the Council be legally organized,
the law most certainly must provide le-
gal remedy to compel the attendance of alb
sentees: aud there is doubtless such a rem
edy if the Council is legally organized.
Why then not compel the attendance of the
absentees? The answer splain and should
be conclusive to any man who lays claim
to common sense and is not blinded by
party prejudice. If there is no provision
in the law, by which nine members can
compel an equal number Of members to do
a certain thing, then the organization
which the Journal claims to be all right, is
surely impracticabie, to say nothing of its
legality or illegality. That, lsuppose, the
Journal will admit. ..| .H |..4..
Now, | would ask the Journal a civil
question: Does it not seem clear and
rational that the trainers of our City Char
ter meant what they said in Section l03,
"That all officers appointed by the Council
shall have a majority of all the members
elected" and not majority of those voting,
.sl., g., Il - Mr. lei IN
the Journal says: "'Fhe validity of his
(CoIastock's) election is upheld by the
written opinion of the officer whose sworn
duty it was to give advice, the opinion
being on file among the records of the city
and having the virtue OF precedent"
have no disposition to disparage the judg-
ment of the sworn officer alluded to by the
Journal but will say that the City Council
nerer recOIiized that OptRiOn as UGltd. The
precedent, therefore, is on the side of the
Democratic members, who have also the
opinion of Judge Thurman, an eminent
Jurist, which clearly and conclusively
shows that the opinion of the sworn officer
alluded to by the Journal was erroneous.
Yet will not dwell at length on the lille
gality of Mr.. Comstock's election. That
question has been satisfactorily settled to
my own mind, and, as suppose, to the sat-
isfaction of the Democratic members of the
City Council, by the opinion of Judge
Thurman. But would say a few words on
the practical points of the question, and
desire to correct some Misrepresentation in
the Journal. 1t says: '- % ''
'sThe Democratic members do not make
their appearance at the Council Chamber;
do not meet on the night Of meeting; do
not make any attempt toperfOrm the duties
entrusted to them by their fellow citizens
They have made no proper effort to adjust
the difference" no
The Journal misrepresents the Demo-
cratic members in saying that they have
made no proper effort to adjust the differ
ence. can state positively that the Demo
cratic members have made every effort
that men of honor can make to adjust the
difference.
The Journal thinks the Democratic mem
bers should make their appearance at the
Council Chamber. Now, l ask the Joifrnd
in all candor, would that make the election
of Mr.. Comsteck legal? and does the Jour
nal suppose that, BY their voluntary ap
pearance in the Council Chamber, the
Democratic members would recognize Mr.
C. as legally elected President of that body
The Journal is very much mistaken In tht
temper of the Democratic members, II 1
thinks that their voluntary appearance In
the Council Chamber would expedite tn,
business OF the city, If Mr.. Comstock shoulC
attempt to exercise authority over them
while they hold his election to be illegal,
violation of our city charter, and fraud
This, Mr.. Journal, is the practical poin
| of. the question. Now, suppose there wa
law compelling the Democratic meuiber
to attend, will any one Of the sentiment
legal advisers on the other side, whom they
have consulted, say that Mr. Comstock OF
his eight Republican colleagues can compe
the nine Democratic members TO vote All
when they are determined to vote NO