The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1883-12-05
THE COMMISSIONERS.
The Bridge and the Fill on West
Tuscarawas Street.
Canton Is Entitled to a Good Bridge-And
Urder the Law the County Must Make
the Proper Approaches.


JrOVeTsy provoked aud began by himself,
1T will be interesting 90 him and every
body else TO see their vain efforts IN
hopeless and unjust cause, viz: in at
tempting to saddle the cusJ Oi putting
the east approach 60 West TuscaraWa5
street bridge, on the shoulders OF city
taxpayers, and relieve the county tax
payers from doing IT,; duty, too, which
was imposed upon the county by cur
statute (sec.i0n 1910. In their zeal to
cOnciligje Jhs city taxpayers, and smooth
over their conduct i'll this matter, they
became uDmauageable, rushed head
long into print, and gave to the pubic
"A sugar coated statement, which, IN
fact, is remarkable only liz this: That II
contains nothing either in law or
morals, which can be urged as a de-
Tense TO their unprecedented conduct in
connection with this illegal bargain and
scheme with several (aOC to exceed five
memuar- Of the City COunciD, whose
word or statement made outside of law
ful sessions of the Council, have nO more
muding effect iu law upon the city than
that of any other private citizen not
mem Der al alt. The Council, as body
iawfutiy constituted never authorized
anybody to thus barter with the COm-
mis-iuueTs, aud bind the city TO put an
approach tO that bridge for the county
at the city'3 expense and if. the Council
had been so uuiuithtui 40 their eOnsti
tuauiS as 90 authorize JhB entering into
this scheme, their action would have
been ug,i and void in i8w, because the
Legislature never conferred upon this
COUurli the power to enter Into engage
menLg binding the city TO make pub
lie improvement for the county which
the county Is III law bound 10 do at the
expense Of the county. No more so than
HT
improvements for the STATE OC neigh
boring JOwns aud cities. We say there
h no statute i'm ONO Jnat permits cities
OF this class TO do 50, AID none that Au-
th1riZ4S our comm isslCuerS 20 shift this
load from the county on to the should
evs of our lax X-ridden city taxpayers so
a t relieve ths county taxpayers from
pawn that which the law had designed
for them as well. II there was such Ii
statute authorizing their action, how
easy 1t would have been to have pub
lished ID in their statement, and how
eagerly it would have been published if
auy existed. The absence of any frOm
their statement Is deliberate admiS-
sion that whatever they attempted To do
in the premises. was without shadow
Of law, and III dlreCt cOuJfay5ntlOn of
positive statute, which imposed this
burden upon the cOugty. (nuJ upon the
milsiOners by yasking them another ques-
tiOu or two. Is 1t bad faith TOR the city
to stand upon the law which is always
right? We think not. But for the city
20 dlsUbey or yield up the law, that its
people may be pluudered by paying 9TH
or peoples debts, would indeed. be bad
faith, and officials permitting it, would
be derelicJ in duty, aud wholly unut TO
Gil any position iu the gift OF the people.
g tfs ss., ~ ~. 80
city officer to violate MS oath, suspend
the laws of the state, betray the city
taxpayers behind him, III order to carry
out a scheme, unjust between man and
man, and not sanctioned 10y law, ana
which never ought to have been entered
into aU all, and which the law will not
permit them to enforce in any of its
courts? We think good faith lies just
in the opposite direction. Nnen cor
puTatiOn or an individual enters into
legal (uOt iilegal) contract with others,
and then refuses tD carry 1t out in good
faith, that would be bad faith in law
But when the same parties are forbid
den by law TO make it. there Is neither
legal or moral obligation upon either
to perform ii, and neither IL charg cable
with bad faith. That is the case between
the city ami the county. Let each obey
the law. If this is done, the approach
to this bridge will be put in by the
county at county expense; and the city
will have saved to its people Just what
belonged to them, for city improvements,
that money which otherwise would have
been taken from il and applied in pay
ment for county improvements, leaving
| the cltyan empty treasury lnthe spring.
| It would seem that there should aNd
could be- no trouble about this matter,
But they say in their statement that but
| for the slice promised ihnm by few
| lobby-ring cOuneilmen, out Of the city
| treasury, towards this approach (and
which slice they had no right TO prom
ise, nor the commissioners 10 eXact), they
| would have probably put much poorer
| bridge there. Ii they had they never
| wOuld have heard tbs last Of 1t. The
bridge which is being put up IS not too
good for the people of the county and
city. Had they put i'll cheaper one
they would have done a great Injustice
| To the city and county. The population
| of the city, the travel over the bridge,
| the amOuDt of public, manufacturing
and commercial business transacted
here demanded just such a bridge,
| (withOut reference to any dlckerlng
about the cost, and who was or was not
| to pay this or that part of lt. As II Is,
| the COmmisS Oners may console t0em
selves over the happy reflection that
| through mistake Of theirs, Tor once at
| least (hOweyer reluctantly, they dni
their simple duty towards the people of
| Canton, in erecting this bridge as 1t is,
as il will be, ami ought to be. When it
| is known that the people of this city
! pay nearly One-fOurth OF all the tax col
! lected in the county, to place such a
| cheap bridge here would not only have
done them a great injustice, but to have
made it anything bus what it is, would
| have been an insult 10 the people.
WHEN THE EXPOSURE CAME.
The Commissioners, knowing their
action in the premises to have been
! without authority Of law, did and could
not shield themselves behind any legal
protection, hence they, like alt Others
| under similar circumstances, TesOrted
to n subterfuge, claiming that at one
time or another they had quietly aud
/ secretly, without the knowledge of the
( city, made some aFran cement to that eff
feet with few individuals connected
with the City Council. The law requires