Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1871-10-13
Reply of Andrew Roach and Attor-
neys to New Board OF Education.

.aid District. You now seem disposed to change
your base little, and to claim that there was
IN error committed by somebody. You con-
,ede, if understand you, that | settled and paid
The amount appearing to be due from me accord
ing to the statement nf the County Auditor and
The f0Otings mad5 at the time. Now | wish TO
ask whether there have not already been sever
al settlements between me and you, First |
went with my attorney before n m Getting Of yaur
Board and after q careful examination of the ac-
counts, n balance was struck and | paid YOU. Ar
terwards your President, Mr., Ross called on me
a second time and claimed 10 have discovered au
error Ia the fnutings somewhere, and demanded
some forty dollars more. | then examined the
books and called attention tD changes of figures
in the account which Mr.. Ross admitted had been
made. but he said they were triting in amount
and did no hurt. ! then insisted that final
settlement should be IN ,de right then and there,
aud demanded that you make such an exnmna-
tim that when settled and paid once m re, thIt
should be the end of it.. told you the books
were being changed and garbed and wanted
an examination made then and there, and 50
thoroughly and carefully that You wuud war
rant mgagainst being further called on in this
matter.
You told me you had referred the matter 10 a
committee, that every voucher had been exim-
ineI and cOmparet, and tat you knew matters
werJ now straight. then dem Indud and re-
ceved as consideration for paving some forty
10y the books, before they were changed, that
should have a release and acquittance in rs
strong terms rs the English language can fur
uish, and that this barking ut my heels should
BE- stopped once and { r MI, And yet ! hardly
made my second pawn mt and received from
your President aud Treasurer most solemn as
surance thai everything wIs paid OIL, aud Il sec
ond full and absolute release in writing, before
saw in pamphlet, published by you, that YOU
had hunted up something else To charge me wit I.
here declare that have detected changes aud
alterations of the figures in nv books as treasur-
er, made since they went from nv hands that |
called the attention Of your President to these
changes aud denounced them at the time, and |
hereby denounce them and him and /. ESQ gar
bcd books. | am not disposed to be perpGtudl-
ly hara lsed Gnr all time in this way.
will most cheerfully leave the question IN
any honest man in the county, whether the rec
ord does not show that have settled Ia full paid
every dollar found due from anl received
full and complete release from your President
and Treasurer. | am ready to show my vuuch-
ers at any time. They have already been pub
lished once or twice. Iprnpose now TO submit
this qqeston, In accordance with your prnpOsi ,
IN the Auditor Of Wood county or Hon. George
Laskey. Do you dare abide the test ?
ANDREW Roach.
To THE HONORABLE N. R. WAIrK-Sir: The
letter purportug to have been addressed by you
to james w. Ross and published two or three
weeks ago in the journal was read by us with
feelings OF the most profound astOnishment. We
have waited week after week and caused copy
| of the paper IN be forwarded To you hoping that
you would discover the communication, nr al
/ least would modify some Of its statements as
having been made without deliberati1n. We
| hoped this for your own sake. Hearing nnthing
I further from you we can come to no other CON
clusiou than that the letter in question is de-
lberate expression Of your true sentiments anc
| intentions. For many years We have regarded
/ you q $ peculiarly a chanceTv or equity lawyer
| an attorney who ist ooks into to- SCI
/ what justice demands, to see what is right, ant
then seeks for law to carry into effect these OBJ
iects and purposes. Holding the position nj tn,
bar that you do, it seems to US that YOU can no
afford to stand before the people of this comm II
nifty as the author OF the letter IN question. Yo,
must pardon us for saving that the course whcl
yOu say you have advised the present Board q
Education Of School District No. J. Perrysburl
township to adopt, is contrary to all law, Justic
and equity-is simply an outrage. You sa
that you regard the hnlders of the bonds issui
by the old Board of Education, simply as sian
ing in the place of the contractors. So long a
there is an outstanding Indebtedness the Boar
should pay the bonds as they mature. You sa
that acting upon this principle you did not cor
sent that some thousands of dollars Of the bond
that first fell due should be paid with interest
six per cent. and they were pald accordingly.
Now SIR. Waite you know that bonds to til
amount in the aggregate ut a good many thou
sands OF dollars were issued by the old Board Z
Education. These bonds fall due at diiierer
times, some in one, some in two, some In thre
years from their date. You know that thas
bonds are in the hands Of different parties, snRl
were in the hands OF Mr. Walbridge some in III
hands of Mr.. Laskey, some in the hands OF NJ
Robertson cf this place, and some in the hand
of other parties.
You claim that the aggregate Of the bonds il
sued exceeds what the District ought IN pay, au
you assert that the new Beard Of Education nj
bound to pay only to the extent Of their nctu
Indebtedness. The bonheldrrs yon say stand
, II tLey were the assigneeS Of the Contractor
ia. = are entitled 10 receive first what the Di
trio, wvs I'd have been bound o. pay the contrat
tors if nG bonts had been issued, and no more.
Therefore y,r si" that you as the legal advi
: er of the present Boa.1 have Consented tn
they shall pay off the pu.ds - fast as they m.
ture, less two per cent. only Rntl .,'e amount
paid which should have been paid to ti.e CO.
tractors, and lhOre the remaining binds sha'' :
r unpaid.
You regard the B,lrd Of Elucation, (v,r
cl3nt) rs the trustees Of fund and von delil
eiaelY say that they should pay the bonds th
fall due drst, as long as the fund lasts and thC
,, stop paying.
In other words Mr. Walbri lge held the bon
that foil due at the end Of the first wear and v,
order hin to be paid in full with Interest NJ
per cent Mr.. Laskey holds the bonds that "a
due at the end Of the second year. You Orl'
him to be- paid in full with IKE interest. B
when Mr.. Rnberts0n and those whose bonds IA
due at the end of the third year comsswilh the
bonds you turn them away without C n
Aud this you call jnsticu
Let US look at this proposition. We will SUI
pose that YOU are selected as the att,rney M
legal adviser Of an Administrator. He com
to YOU and saws that the deceased person &
J whom he is aciing owed Five Thousand Dulla
To Mr.. Jones for which he had given notes h
will fall due ia one year. That the said d
ceise person also owed Five Thousand Dulla
to Mr.. Smith fur which he had given notes III
: would fall due in two years. Aud the deceas,
also owed Five Thousand Dollars to MIR. Brow
: for which he had given notes that would be d.
IN three years.
J But your client, the Administrator says III
> the while estate of the deceased person amoun
/ only IN ten thousand dollars. "Now, NJ
Waite" he SAYS "what shall dot" WI
my dear friend +" says Mr.. Waite your duty
I clear. You are the trustee OF this fund Of Il
, thousand dollars for the benefit of the creditor
When Mr.. Jones comes pay him up in full al
take up his notes. When Mr.. Smith comes
the end Of the second year pay him up in Fl
and take up his notes. When Mr.. Brown com
at the end of the third year you i'll say to hiI
MY dear sir, the money is all gone, your not
are worthless, can't pay you dollar"
Now If this is according to Mr. Waite's idea
, justice, equity, and the proper duty of trust
it is not the notion Of those who makes laws
, the State Of Ohio. lf Mr.. Waite's client we
tn take the course indicated above, when VI
Brown came with his notes at the end Of Il
third year, the said client. instead Of beir
greeted asa faithful servant, would simply
required TO put his hand into his own pocket Al
fork over to Mr.. Brown, the sum Of $3.50
with interest for three years.
What Is the duty Of the trustee Of a fun
which is insufficient in amount 10 pay all
To pay those in full whose debts fall duo firs
: Notify any means. But he must ascertain Il
per centaRs of lnss AMI deduct equally from al
Now apply this principle. Suppose there
Justly due from this District on the contract &
repairs OF the old school building the sum
twenty thousand dollars. aud suppose the form
Boald to raise this money issued thirty thOl
sand dollars in bonds due in one two and thr,
years.
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