Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1878-11-01
tFrom Toieao Biade
A FAITHFUL OFFICER.

A question ~ in he allowance Of fees
to Jurors, was raised in Erie county some.
time since by the action Of the County
Auditor, Ebentscr Merry, ESQ, who took
the ground hat allowance for such service
could be made only for time actually em-
ployed in going to and from the Court, or
in attendance in or under orders awaiting
the call Of Ibe Court. Thus, he held that
il the Grand Jury adjourned over for a
definite period, as day, or week, its
members were not entitled to pay for such
intervening time. II seems that this decis-
ion, so evidently reasonable and Just, was
not satisfactory to parties who claimed pay
alike for time spent in attendance on the
Court and at home, and in order to break
down the rule, they applied TO the Courts
for peremptory mandamus, requiring
the Auditor TO issue his order for the dis
pued fees. 1t appears that the claims of
these jurors are approved by the Clerk Of
the Court, whose certificate was held to be
conclusive as to their rights. At the re-
cent election, this action by Auditor Merry
was industriously employed against him,
by the Democratic and National advocates
of economy aud reform" The case was
then before the Supreme Court, and de
cision was hoped for 10y Mr.. Merry before
the election, but was not reached until the
10th inst, when it was made as follows:
SUPREME COURT OF ONO.
"Hon. William White, Chief Justice
Hon. w. j. Gilmore, Hon. George w. Nc
Ilyaine, Hon. w. w. Boynton, Hon. John
w. Okoy, Judges.
TUESDAY, Oct. Is, 1878.
"General Docket.
no 5lS. The State of Ohio ex. rel. j.
b. Bever,tock ct al, vs.. Ebenezer Merry,
Auditor of Erie county. Application for
a peremptOry mandumus.
Gilmore, j.;
"a. Under section % of the act to reg
uate the fees Of jurors, etc, (73 Ohio 134l,
Jurors are to be allowed compensation for
days spent in whole or in part in going to
and returning from court, and for days of
attendance during the term, whether EN-
plnnelled or not; and the Clerk is not an
thorized, in addition TO such days, to Ger.
tily that the jurors are entitled to compen-
sation for days as to which they are dis
Charged ana not IN attendance.
"The certificate of the Clerk is not CON
elusive, and il he certified days in excess
Of the number for which the jurors are le-
gally entitled to compensation, the Auditor
may refuse to issue orders on the County
Treasury for such excess.
Peremptory writ refused"
1t will be seen that Auditor Merry is
fully sustained by the decision Of the
Court, which has an interest in other coun-
ties equally with Erie, and we think the
tax payers of the State will appreciate
that officers fidelity in persisting in his re-
sistance to the abuse, without regard to its |
age or prevalence. lie evidently regards |
himself as something more than the mere
clerk or agent Of other County officials, |
with no higher duty than to take from the |
Treasury whatever sums they may see fit
to direct. He considers himself what the |
name Of his Office implies-an auditor
with power to pass upon the legality, in |
form and substance, of every claim pre-
sented for his action. Standing at the door
of the Treasury, and as the only officer |
having full authority for the protection of
the snme from illegal demands, he seems
not to regard himself as excusable for
frauds, simply because they have escaped |
the scrutiny or received the approval of |
other officials His view is similar to that |
of the late Elisha Whttelsey, who, as
Auditor OF the Treasury, no claim, |
its source and by whomsoever en-
dorsed that he did not regard as lawful.
There are none too many OF such officers, |
and the tax payers Of Erie county are TO
be congratulated on the fact that, by stand |
ing firmly by such an one, they will have |
the benefit of his faithfulness for three
years to come. Would that all counties
were AZ we'll off.