The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1883-11-17
REPLY TO "OBSERVER." "
Shall the Council Act in Violation
of Law to Please Fawcett & Co.
Taxpayers Read and POndsr-Stand by the
Law, and Sustain Honest Members of
Council Who Try to Do Right.


the author seemed very much veXed al
members of the City Council for not go
ing forward and putting in the ap-
prOaches to the West Tuscarawas street
bridge, so as to make 1T passible to the
public. Observer is either wholly unin-
formed upon the subject of his com
municatiOn, or, if he is Informed, mis
represents and perVerts the issue as
made up between the jObbers on one
side and the city upon the other. This
is apparent to the most Obtuse and
stupid man when the facts with the law
applicable are>bTOught to his attention.
The laws applicable to the case Is briefly
stated thus: Sec. 1904 Revised Statute of
Ohio of 1880 provides that before any
public improve ment is made the City
Council shall pass a resolution therein
declaring the necessity for the cOntem-
plated improvement, and to be published
as notice to property owners, who may
or might be damaged by cutting or fill
ing or otherwise in making it.
Again, before any grading by cutting
or filling, or both, upon public street
can be made by the city, an ordinance
must be passed by the Council, therein
grade Of the same. Section 23O5, Revised
Statutes, $780, provides that after the
above named provisions have been COM
piled with as above stated, then the
Council may pass provisional Ordi-
nance, authorizing the grazing and i'm
prOVement of such street.
Section 2702, Revised Statutes, pro-
Vides that before any improvement con-
tract can be legally let or awarded to
any jObber, the money necessary to pay
for the performances of such contract,
and in the Treasury available, must be
set aside for that purpose by the COun
ell, to which fact the City Clerk shall
certify and record such certificate on
the minutes of the Council, and that
''all contracts made without such re-
quirements being complied with shall be
void" 1t will be seen that all these pre-
liminaTy steps are conditions precedent
to the right to, and are all essential to
make legal contract between the city
and jObber, the noncompliance with
which is fatal to the whole proceeding
had by the Council. See Peck's NUM-
cipal Law of 1888, page 80.
1t may surprise observer" and the
jObbers, when tell them and the public
that the Supreme Court of Ohio and
our subordinate courts have held re-
peatedly: that jObbers cannot legally
get the peoples money out of the Treas
uTy for the performance of void con-
racts, but only when legally made and
honestly performed. For jObber to go
ON upon such contract after notice to
him of the infirmaty or nullity of this
contract, it is done at his peril. The law
is plain and specific, and lays down a
course for all to pursue. If we follow the
law the city is safe and everybody else.
Within the pale of law is safety; beyond
it, danger and confusion. For city
officers to take out of the Treasury the
public money, the peoples money, and
spend 1T or apply to use not sanctioned
by the law, and doing it with full no.
-, rf.ny al v,sNk
legally as it is criminal embezZlement
for an agent of private firm who is in
trusted with his employers funds, to
misapprOpriate them and use them for
his own or anOther's use.
In the light of this law let us state
the facts about this West TuscaTawas
street grading which observer" wants
so badly done at the city's expense rather
than by the county at the cOunty's ex-
pense, where it legally belongs: First,
There is absolutely no established grade
line for that part of TuscarawaS street.
When this pretended contract was let no
body knew where the grade line would
be as none had been established, the or
dinanee to establish having had but one
reading, and was not passed until last
Monday night two weeks after the con-
tract was let. Here is a cOnundTum
which no one can answer except an
observer" namely: How can jObber
put a street to an established grade
when by omission of the Council no
grade line was established. Second, The
records of the Council show that no
such preliminary resolution declaring
the necessity. etc.. was ever passed by
the Council, as the law requires. Third
The same record shows that no Ordi-
nance authorizing the filling, &C., was
passed as the law requires. Fourth,
The same record shows that no
money necessary to pay for the
work. was then or is now in
the treasury; 9TH, consequently none
could have been set apart for the pur-
pose, as the law required; 9th, and for
the same reason no certificate by the
clerk was made and recorded as the law
requires. And yet the statute above refer
red to explicitly says, mo contract can be
"made and entered into by the city with
"out such certificate can be and was so
"made."
With such a crooked, lawless, and
may say, wantOnly bOtched and cooked
up record and course of proceeding star
ing members of the Council in the face,
is 1t to be wondered at that honest mem
bers pause and hesitate in lending their
aid by votes, to further attempt to carry
out such a cOntractp In defiance of all
law, which upon oath each member
swore to carry out and obey (nOt to defy),
and especially so when it is a question
whether or not they would, under such
circumstances, make themselves liable
in law to the jObber. With man who
is irresponsible and has no respect for
law, and has no conscience or respect
for an oath which he took, solution of
such question might. be easy by sim
nly ignoring them all, upon the same
plea az Is set up by Observer" namely,
necessity demands the violation of law,
&c. The criminal who is in want, or
without money, steals that of his neigh
Dor, and in justification sets up the alb
suId plea of necessity. Necessity in his
opinion demanded of him to do the act
No member of the Council is opposed
to the building or filling of the apprOa-
eheS to the bridge in question, if they
have the power legally to do so, and the
law required of them to do so; but they
have no more right or power in law to
take the city's money and make approa-
ehes to that bridge, than they have to
-.