The Daily empire. (Dayton, Ohio) 1865-1867, 1867-06-13
About the NJ. P.s-Illegal Assump-
tiOnS,

ABOUT the NJ. I.S-IlleRal ASSum D.
tiOns,
The Journal is in great mental agony
over the failure of the City Council to
make an assessment of some S2l,000 to pay
the expenses of running the Metropolitan
Police machine. The editor raves, tears
his hair, and sweats, almost equal to Ton
FORD, and yet the Council is silent lie
even threatens them with condign punish
ment and all the consequences of disloyal-
ty, if they do not come up to the work.
Now, we suppose the members. of the
Council are competent to attend to their
own business, without the aid or advice of
the Journal scribbler. He has perfect
right, as journalist, to criticise their Off
cial acts and short comings, but his threats
are certainly impotent and gratuitous. He
may arrogate to himself the ownership of
the Radical party hereabouts, but he does
not own and cannot control the members
of the City Council, even when backed by
II petty usurpation, in the nature of a police
commission, which we humbly claim and
believe has no rightful existence here.
The Journal understands thata statutory
enactment is binding alike upon officers
and people, until repealed or declared un-
constitutional, by proper authority" Very
well. Hope you will adhere to that, Mr..
JOuVndl Now, where is the law recurring
the Council of the. city of Dayton to make
Il levy to enforce rules and regulations
made by f. w. Davies f. c. Ellis, C. Her
chelrode and DR.. Steele? OF course the
Journal and it's pet Commissioners will
claim that the law of April ., 1896, passed
to govern Cleveland, q city of the first
class, both in population and organization,
and which law the last Radical Legislature
undertook, in most bungling manner, to
make applicable to Dayton, &c, requires
the Council to cause a levy to be made to
sustain this petty usurpation.
The Cleveland law, Sec. 81, makes it the
duty of the Metropolitan Board of Police
to prepare and submit to the city auditor,
on or before the first day Of May, an estimate
Of the r0hole cost and expense OF ht
police department Of said city, for the Jisca
gear, 'Ohich estimate, shall be in detail, dnG
shall be laid, by tie city AUDITOR, before tn,
ded for in the tax levy. In this proces.
several things are required and implied
lst. The Board must submit their estimate
to the City AUDITOR; ID Before the first
day of May; Sd. City Auditor of course
must examine said estimate, as it is hi:
duty to do, under the law; 4th. The CRY
AUDITOR must lay such estimate before the
Council; 5th. Thereupon, it becomes the
duty of the Council, in its legislative char
acter to provide for such estimate, by or
dering an assessment on the taxable prop.
erty of the city; 9th. The City AUDIToT
must, in his official character, have such
assessment placed on the tax duplicate
Now, bear in mind, these different thing
must be done, and each in regular order
at that. Every lawyer knows, and ever
people who are not Of the legal profession
generally understand. that in the hssess
ment and collection of taxes. the law mus
be exactly complied with otherwise all tn
proceedings Hereunder are liable to b
declared void. .. .....-r.s
The Journal knows, or at least ought Il
know, and every member of the city gov
ernment, and the NJ. P.s too that none o
the preliminary provisions, above REFER
to, and required by law, were at all com
piled with. No estimate was submitted by
the NJ. P.s to the AUDIToR no examination
was made by the AUDITOR; and no sucl
estimate was submitted by the AUDITOR 4
the Council, in fact there was no such of
ficer as City AUDITOR, Then what did
members of the Council vote against
Simply an ordinance, reported from a com
mittee of said Council, to make an assess
ment Of some $4,000, TO be placed into tho
hands of Messrs. Davies IL Co. to execute a
law, having no more appllcation,in oar
view, to the city of Dayton, Ohio, than tC
Richmond, Ind. Doubtless the Journd
will claim that there being no Cry AUD,
IToR for Dayton, a committee of Council, o.
some body else, must discharge the func
tions of his office. But the Police law doe
not say so. The Journal will again claim
that it was the intention Of the Legislature
that somebody else must as to these pei
Police regulations, exercise the functions
of CITY AUDITOR for Dayton.
How are we TO know the intentions OF