The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1899-04-11
THE COSTlN CASE
Heard by Judge Dow Saturday
Costin Ineligible Because He
Served as Judge.

The contested election case of J. G..
Hover VS.. John Costin, was heard by
Judge Dow, Saturday, on motion to
+, disolve the injunction that restrained
City Clerk Nichols from issuing GER
tiffcate of election to Costin. Price &
Shea appeared for Costin, Prosecutor
West for Hover.
Costin's council asked for a dissolu-
ton of the injunction, on the ground
that the City Council is the sole judge
of the qualifications of it's members.
The council for Hover held that the
law made Costin ineligible, and that
his election was therefore void, and
that he was not therefore a member
, elect to the Council, and could not be
lawfully, and that the council could not
therefore pass upon his qualifications
as member when he was not and
could not be member.
Several other points are involved in
the contest, that may not be decided in
the injunction suit.
If the injunction stands, will there be
a vacancy in the council? How will
the vacancy be filed? Will Costin
continue to serve till his successor is
elected and qualified? Does the fact
that he is Ineligible, elect Hover? etc.,
etc.
The law provides that if there is a
vacancy in the Council, the Mayor
shall, within ten days after the election
issue call for an election to be held
within twenty days. If neither Hover
nor Costin was elected, there is a
vacancy.
While the law clearly states that all
officers shall hold till their successors
are elected and qualified, and while the
Courts hold that this applies to Coun-
cilmen, there are good lawyers, who
hold that the law does not contemplate
that where vacancy is caused by a
candidates ineligibility that such in
eligible person can serve till his sue
cessor is elected and qualified. If the
contention of Costin's counsel, that the
City Council is the Judge of his qualifi-
cations, is correct then it would follow
that if Costin could hold his seat till his
successor was elected and qualified, he
could vote upon his own case, and seat
himself and make himself eligible in
disregard of the law. 1t is also evident
that if Costin could serve till his sue
cessor is chosen, Notwithstanding the
law makes him ineligible, he could
serve till his successor was chosen,
even if the council had expelled him;
which would be absurd.
It is contended that Hover received
all the votes cast for the only person
eligible to fill the Office and therefore
received the highest number of votes
that could be counted, and was there
fore legally chosen.
If the court should refuse to grant
the motion to dissolve the injunction, it
will stand, and any attempt of Costin to
serve as Councilman will be in con-
tempt of the court.
If Costin is held ineligible to serve,
the council, till his successor is chosen,
will be "dry', and the prohibitory
ordinance will doubtless be reenacted.
Costin's election thereafter would be
of no avail.
1t is not at all certain that with Cos
tin in the Council it will not be dry.
The saloon keepers are very much
perturbed over the situation, and are
blaming some of their own side with
giving them away.
It would be poetic justice if the
ousting of Costin should result in the
reenactment of the Temperance ordi-
nance, for it was by his vote latter he
was elected by Temperance votes) that
the ordinance was repealed.