The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1884-04-17
CLAIMS ALLOWED,


MISCELLANEOUS,
Election Of officers for Robinson Hook
aud Ladder Company approved.
Street Commissioner Instructed TO
continue sewer box acrOsa,the street run
ming between the city hall aud market
house,
Clerk instructed to advertise for bids
for furnishing the city with gutter
plates an required,
knights OF Pythias granted permission
TO occupy tho Council chamber during
the meeting Of the Grand Lodge next
month.
The City Engineer was instructed TO
draw the curb line on Wade street, be-
tween Poplar and Plum streets for the
benefit OF certain citizens.
A motion 10 request the County Com
mlsslOners TO clean up around the cess
pool lately constructed at the corner Of
Fifth and Market streets was adopted,
The street Commissioner was in.
strucied 10 lay an extra plank walk
across Jackson street at Shrlyers rum
also, box aoWnr at the Junction N
Market mud Charles streets
The CITY Solicitor reporting tho sew
eral assessors bonds DO bH correct IN
form, they were accepted ana approved
lhoSueet Commissioner waa Instruct
ed 10 have an old house on East luscu
TawRs street, near the Euat Creek bridge
that projects beyond the curb line four
feet, sOt back 10 lts proper place,
MOasra. Ensign und Linton were
granted permission to use portion Of
atreet for building material.
Ga tho claim Of Fire Chief Lalhr0p for
salary, referred NJ previous meeting to
the City solicitor for written opinion
as TO the validity Of the claim, the So
lIcitOr read tho following opinions
10 THg CRY COUNCIL or CANTON
GENTLEMEN; The Gluim Of PhOmOg
LathrOp against The city, rOr one quar-
ter's salary, due him unUOr ordinances,
for 0nltinl services rendered by him 10
tho Uityus chief Of llr0 department., pre-
sented t0y0ur honorable body for allow
ance and payment, was on motion rO'
fOTed 10 mo For examination und writ
ten opinion a. to tho legality Of tho
claim
In response, would say that In my
opinion Che claim presented Tor allow
ance isa perfectly valid claim ngllnHt
the city, and should buUllOWod ana pad
without litigation The cNlm made
chat owing t0 an alleged lupgulurlty
In the appointment Of tnid llfp chief,
therefore he N not u legal officer and
for Tint reason not entitled 10 his or,
dnined SALARY As compensation Tor OIL
cinl services rendered tho city ever siuco
June. 1888 Ii not leuublc under The cir
CumstnnCcs OF this case, lot, Az ~ the
circumstances, The city Council ap.
pointed him 10 tho 0illce OF fire chief
June, 1888, under an ordinance passed
for The purpose, (whether regularly
or not IL wholly inmatefiaO II ROyO him
tho color Of office, upon which appoint
ment h0 entered upon tho performance
Of tho duties OF tho same from that day
10 now, acted a0 such with tho approval
Of the Council and everybody else, and
having duly qualified, discharged the
duties OF his office, tho cityrocOlylng tho
beneAts Of hls lab0ra and services, eau.
not now shield itaelf behind u tOChnic'
ality and refuse payment; neither Inv,
equity or honesty between man ANA
man would permit H. ID, The Office hay.
ing been created, Lqthr0p app0ll tod aud
having acted aud still acts ~ chief Of
fire department, makes him ~ to all the
world In law, the do fncl0 olllc0r, and
until judcially determinod otherwise
by the courts IN quo warrantO proceed
Ing, you and tho courts will rec0gnl2e
him IN tho proper lawfully appointed
llre Chiel, ng we'll ~ legAllslng oil his
acts while thus acting, In all collateral
inquiries like the one In question, II IN
tho law OF ONO, payment cannot DO
eyaded, and that such in the law nave
no doubt. and base ny opinion upon four
decisions Of tho Supreme Court Of tIlis
state, and quitea number lu othtrulutpg,
uprliuont 10 thiH question, VIZ (2D q,
$. X, y 26li u2WOhloR y 20, (itl0 ONO
X, 2, (U, loo Ohio Il r. U2Wi illl Donnl0
l6S, ith, JOhn's (0lW Conn H. 7, ClW
lhe question sought TO bO urged by
the Mayor, VIZ, The legal eject VI irreg
ular appointment Of Ore chief by The
Council, IL purely n judicial queltlOn,
10 ha nnaped upOn by ilie courts aud not
hy Che Council, for II has not the jurie.
dicliOn or power, Your body IN lpgis-
latlye department Of our city govern
ment, TO make laws, while the courts
are TO interpret aud COnHirup such lnwH
II IN therefore evident that you have
nothing to do with the legality Of the
ordinance In question Iho pertilleut
questions are; lat, Does the utdinnnce
provide for Q sulAry as asked fort ~,
Is " dueY II both can hO answered n
the Affirmative, payment tvllOwsi II In