Holmes County Republican. [volume] (Millersburg, Holmes Co., O. [Ohio]) 1870-1895, 1873-02-06

lnlSSlOnerS JOur1al III Separate ltems
under separate allowances, and 70
which allowance of $4,000, we find n
warrant in said bounty act of 1866. Tn
report In these matters, We think, shoul
be be substantial copy of the Journa
of the Commissioners and not synop
sis merely. On the subject of extra o
other allowances out side of the regula
fees and compensation of the office
we think, practice of doubtful pro
priety, and ought to be discontinued
unless coming clearly within the pur
view of the law, and especially, in of
fees of per diem compensation.
4. In the matter of allowances to tn,
Clerk of the Court, Constables, Marsh.
ais: Justices of the Peace and Mayor!
in Criminal cases where the State fail.
to convict, or the same are not paid by
the State of Ohio oat of the State Treas
ury, the Commissioners have failed, BY
omission, of proper discharge of theil
duties under the law providing for and
regulating the payment of, costs in such
cases. In the case Of the Clerk, the law
requires the Commissioners to approve
of his certificate before the Auditor
draws an order for payment. Supple
ment to Revised Statues of Ohio, Swan
& Layler, Page 1863, and this approval
shall not be made until the Clerk has
presented an itemized statement of the
fees to which he may be entitled under
the law and complied with the provis-
ions of see. 2 of the act of April 0, 1861,
5. q 5. page, 80, requiring annual set
Elements by County officers, which re-
port must be made on the first Monday
of September annually = hence there
can be but yearly allowances to the
Clerk for such services, while the prac-
tice has been to permit the Auditor to
draw orders in favor of the Clerk in
these cases on his certificate alone and
oftentimes for miscellaneous services, q
term too indefinite for much toleration
in financial matters and in favor only
for its convenience. As to the other
branch, Constables, Marshals, Justices
of the Peace, TIC, the Commissioners,
at each of their quarterly sessions, are
required to make allowances for servi-
ces in criminal cases where the fees are
not paid by the State, but such allow
ance not to exceed 500 for any one year
S. & 5. page 1863, and the Sheriff, in the
opinion Of the committee, when acting
as, or in the capacity of Constable or
Marshal, must be compensated under
the same statute, and by the same ref
erence, S. & S. 369, Sec. l, it may be OBJ
served no costs taxed by any justice
of the peace and others named in pros
ecutions commenced before them
after the passage of said act
shall in any event be paid
out of the County treasury, except the
fees of witnesses in prosecutions for al
offense, the punishment whereof is i'm
prisonment in the penitentiary-there
being by this section a discrimination |
in favor of witnesses over officers be-
tween the State and county treasury.
The Auditor drawing his order for the |
payment of the fees of witnesses under |
this statute out of the County treasury
on the certificate of the justice OF the |
peace, &C., first correcting the errors,
if any in the charges. We dismiss this
branch of the report by mentioning
that there is a statute applicable to
Sheriffs limiting allowances to that Of
ficer by the Court I'm like cases to $500
per annum, providing .he same shall
not exceed the fees to which he would
be entitled by law, S. & S. 366. Mention
is thus made from the fact that $339.25
is the aggregate appearing on the Com
Journal allowed to the Sher-
that could be allowed by
she Court under the above statute, $500;
total, $639.25; published exhibit of fees,
sl039.l6; difference 1893 9l,, and does
not appear for what allowed, except as
nay be gathered through an examina-
ion of orders. redeemed. Mention, is
also made that the Commissioners, be-
fore making any allowance to the Sher-
If of moneys claimed by him for official
services, rendered to the county, shall
make an adjustment and settlement
With him to date, &C., paying over only
my balance that may appear to be due
him on such settlement, act of April &c,
ISL, L., o. page 70. We have thus di-
-ected attention to the foregoing
statues, and stated, in brief, the sub
stance of their provisions i'm the hope, at
east, that occasion and excuse may be-
'ound for disseminating the practice of
,ompensating Hereunder heretofore pre-
railing; believing that careful observ-
lnce of the provisions of which can
,ut be productive of the best results
md at the same time relieving..the Aud
tor from much annoyance, embarrass-
nent and responsibility.
3. We have failed to find anything on
he Journal or minutes of the proceed
ngs of the Commiss toner's showing
with the Act of April 30th,
S62, S. & S. III, requiring COun ty
ompisSiouarS onpualI, 70 o,rafnllv
.stimate and record on the minutes of
heir proceedings the amount or sum Of
money that will be produced from the
eyies determined upon by them for the
'arious purposes, sc. The object of
which requirement is apparent from
he subsequent portion of the Section of
he act under which this duty is re-
Iuired; being mainly as guide to them
n contracting expenses against the var {
Gus funds; and comparing this act with
What we deem to be the spirit of the
ct of March 9th, 1866, S. & S. sc, we
hink there is room for the practice of
economy on the part of the commits
toner's in the matter of contracting for
tationery and printing-the exhibit of
he annual expenditures therefor would
eem to furnish warrant for the con- +,
lusion-the last named act having ref
renee to the limitation of the right OF Z
he Commissioners to contract for out
ays of money for or OIL behalf of the {
ounty, the estimated value on expense
f which shall exceed five hundred dol
ars, without first giving notice and in
iting bids, except or unless Obviatel |
nder the circumstances named in the :.