The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1878-09-12
HISTORY OF JACKSON COUNTY
BY ID MACKLEY.

for the Standard since the last issue, and
for their benefit will recapitulate. |
have shown from the public records that
Jacob Westfall, Democratic county Treas
urer, borrowed of the public money
SIS, 500, about half of which was never paid
back; that Newell Braley, Democratic
county Commissioner, borrowed $1,000 of
the public money, several hundred dol
lars of which was never paid back; that
an act was passed by the General Assem-
bly, of the State of Ohio which took effect
July l. 1858, making it embezzlement
punishable by imprisonment in the peni-
tentiary, and fine double the amount
loaned, to loan the public money to any
person; that in October, 1858, when this
statute was in full force, Jacob Westfall
Democratic county Treasurer, and Peter
Pickrel and Newell Braley Democratic
county Commissioners, were members of
the firm of the Iron Valley Furnace Com
pany; that they met and loaned to said
Company-loaned to themselves, 1900
of the public money in direct violation
of the highly penal statute above referred
to- further stated that l did not be-
lieve that any of these officers intended
to wrong the taxpayers of the county,
and that | did not believe they were
aware of the existence of the statute.
Iron Valley Furnace Company BECAME
hopelessly broken, under the Democratic
administration Of james Buchanan, and
could not even pay the interest, much
less the principal, when it became due.
Daniel & Rathburn, who held the first
mortgage, brought suit to foreclose.
John Cartwright afterward Judge, was
their attorney, and as part of the lands
lay in Vinton county, he commenced his
suit there The Commissioners OF jack
son county employed w. A. Walden and
me to collect the $4,000 and interest
due the county We filed our petition
in Jackson Common Pleas. Judge Ply
ley very properly held that there should
be but one case, in order to save costs,
and that the cases must be consolidated,
Mr. Cartwright, Mr. Walden and myself
had to spend good deal of time at Nc
Arthur and jackson, examining the rec
ords, as a considerable portion of the
lands had been sold for taxes, and tax
deeds had been made in some cases. We
got the case about ready for decree and
order of sale, when William McGhee
who held the mortgage for $25. 900, sub
sequent to the mortgage to the county,
came in by way of answer and cross petit
ton, and set up that as the loan by the
Com missioners was in direct violation of
subsequent mortgages. and asking for the
sale of the lands, and that the money be
applied first to payment of costs; second
the claim of Daniel & Rathburn third
the claim of said McGhee, and the bal
ance to the claim of the county. AS the
property would not near satisfy the first
three of the above payments, this would
cut the county out entirely.
Mr. Walden and | believed that the
answer of McGhee was true, and that the
claim of the county was lost, and we SO
informed the Com missioners. They told
US that if we did not like to take so great
responsibility, to name any counsel we
would like, to help us. We named Hon.
Wells A. Hutchins of Portsmouth, the
ablest attorney then practicing at the
Jackson Bar
When Mr.. Hutchins made himself fa-
miliar with the case, he was Of the same
opinion as we were, and he made des-
perate attempt to save the case. He
went to Columbus, and after much work
succeeded in having an act passed to cure
the case. 1t was a general law, as will be
seen, but it was intended as last des
perate effort to save jackson county from
this great loss. The following is the act
An Act Declaratory of the true intent
and meaning of the act entitled IAN act
to establish the Independent treasury
of the State of Ohio" passed April II
1858.
SECTION l.. Be at enacted by the Genera
Assembly Of the State of Ohio, That the &C
of the general assembly of the state o
Ohio, passed April II, 1858, entitled 'ar
act to establish the independent treasur,
of the state of Ohio" shall not be so con
strued as to prevent the proper authori
ties of the state, or of any county Of
township or of any organized city of the
state, from so far adopting any illega
loan or deposit Of public money funds
property. bonds, securities or assets, be
longing to the state or to any county
township or city, heretofore made, a.
aforesaid, as to authorize the collection
by suit orsotherwise. of such money
funds, property. bonds or securities thu
loaned or deposited, as against the part,
receiving the same, and as against an
and all other parties.
Sec. 2. This act TO take effect fror
and after its passage.
JAMES R. HUBBELL,
Speaker of the House of Representatives
B. STANTON,
President of the Senate.
April 7, 1863
Mr.. MoGhee's lawyers did not scare a
much as was desired, and they kneN
that every lawyer knew, that the Legisls
ture had no power to pass retroactiv
laws, and that the close of said act coul
not divest Mr. McGhee of his vestec
rights. Mr.. Hutchins had no confidenc
in his act, and we all came to the conclt
sion that the money was lost. Nj
Hutchins claimed one thousand dollar
as his fees, and he could have compelle
the Commissioners to pay it, but in th
final settlement he compromised on fiv
hundred, which was paid.
In my next hope to be able to COZ
clude the history of this unfortunat