Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-05-17
The oosrsSsIGn n RsS e "ns Sa,H lrSSSr SS. q

The Correction of one BIumder ~h'oS
HI p Birth TO Two New Ones
The Morning Journal of yesterday corrects
its false statement that Gen. Wilcox's
opinion was delivered after the election OF
Democratic President of the City Council
in 1860" But such is Its propensity TO 10
where Democrats are concerned, that in
making that correction it manufactures, or
publishes ready manufactured to its hand,
two fresh falsehoOds:
1st. That Mr.. Donaldson was elected
President of the Council in 1860 "by the
vote Of Mr. Reinhard." ..'s W.
I'd. "That it was upon Mr.. Reinhardss
motion that the opinion of the City Solicit
or was put upon record as precedent for a
| like case, should one ever arise" @
Both these statements are false, for Mr..
Reinhard was not then member of the
Council, and could do neither of the two
things the journal charges him with
What the Journal means by its assertion,
"that the opinion OF the City Solicitor was
placed upon record as precedentfor like
case, should one ever arise" ibwould puzzle
"a Philadelphia lawyer" to determine. We
have heard OF judicial opinions being cited
as precedents, which were given on the de-
csion of cases pending between parties lit
igant; but this reference to the opinion Of
the attorney of City Council as prece-
dent, is a novel idea, especially when that
opinion was sought and rendered upon a
case not then in controversy. z TITO prn
But to set this whole matter in the light
in which the files of the Journal itself pre-
sent it, we reprint the following extracts
from its reports of the proceedings of the
City Council organized in April, 1860. 1t
is proper to state that the Council then con-,
sisted of ten members, and that Mr.. Joseph
Dowdall, the present City Clerk, was also
Clerk of that Council:
From tho 0. S. Journal of April 10, 1901
FIRST NIGHT OF THE New COUNcu.-
The Council proceeded to elect President
| for the ensuing year, and
On the first ballot Mr.. Donaldson was
elected by the following vote:
Butler, Buttles, COmstock, Doutv, Moel-
Ter and Ogden voted for Donaldson; Eb-
erly and Riley for Stauring, and Stauring
for Comstock.
From the same Of May l. 1901
CITY CoUNCIL.-In the absence of the
President. the Council proceeded to ballot
| for President pro tenn, and after two pal
lots, in which Mr.. ComstOck had five out OF
eight votes, declared not a constitutional
majority by the Clerk,
Mr.. Buttles rose to a point of order, con-
tending that majority of a quorum was
all that was necessary for choice OF Pres
ident. or a majority Of all the members
voting.
The Clerk decided that six votes, or a
majority of the whole Council, was neces-
sary to choice. ....
MIR. Buttles appealed from the decision.
The question was argued some time, when
Mr.. Buttles withdrew the appeal, and &
On the third ballot Mr.. Comstock was
elected President pro tenn. by seven votes.
Mr.. Buttles offered the following resolu-
tion, which was adopted:
Resolved, That the City Solicitor be in
structed to inquire into and report in writ
ing as to whether majority of the votes
of all the members elect to the Council Is
necessary to elect President.
From the same of May 8. 1901
Cry CoUNCIL.-The City Solicitor sub
mitted written opinions as per resolutions
at last meeting:
1st. That majority of all the members
voting is all that is necessary to elect a
President.
%. That the Street Commissioner has
power to employ an assistant, &c.
This is the last notice in the journal o
Solicitor Wilcox's opinion in regard to thC
election of President of the Council, unit
the present editors of the Morning Jo,vna
invested it with the dignity of ''prece
dent"-a word that seems with them Il
have a talismanic power, as they delight il
Its frequent repetition.