The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1879-01-23
THE FEssLER DEFICIT.
A Bill In the Legislature to Authorize the county
Commissioners to Settle with the SureteS 81 not
Less than Thirty per cent.

Ahhh AhAN fNA "'"N'
An important bill was offered in the
House at Columbus last week by Mr,Wor'
lev, to authorize our County Commission
ers to compromise with Treasurer
Fessler's bondsmen and also to empow'
or the City Council Of Canton to compro'
mise and settle with the sureties of Fees
Ter on the city bond, the said county
treasurer Fessler having been ex oiicio
treasurer of said city, aud the bonds
men being the same on both,
This is an important bill, and should
be fully and fairly understood by the
taxpayers ofStark county, The bill only
seeks to give power to the Commission
ers to settle-is not mandatory. This
power TO settle, every plaintiff in suit
has, and the Commissioners, acting for
the county, should be thus clothed, for
it might be a great benefit to the taxpay-
ers.
Judging by what has been accomplish
ed in other counties by suing bond5men
in similar circumstances, settling and
securing fair percentage would be deci-
dedly better. Wayne county has had
two treasury defalcltions within the last
six years, and suits have been prosecu-
ted aud up to this time no fnality has
been reached, while the cases have been
going through the courts, and are now in
the Supreme Court. We learn, too, that
if Judgment were now to be obtained,
and execution to issue, it is doubtful it
anything could be made, while lawyers
fees and costs have been hugely piled
up. So far as we remember or know,
these treasury defalCations have ended
with poor results, except in costs, and
lawyers fees, which mainly fall upon the
taxpayers of the county.
Should this bill pass, and the Commits
sioners feel sufficiently sustained by pub
lie sentiment to compromise with the
sureties on a fair per centage, and secure
prompt payment, Stark county will do
better, far better, than other,counties that
have been similarly situated, and have
sued on the bonds. The bill, if it pass,
will only give.t Commissioners power
to act.
The entire deficit we learn, will ex-
ceed fifty thousand dollars, which, in
such times as these, is serious matter,
when we consider that, of the
nineteen bondsmen originally, death and
bankruptcy have made fearful havoc.
Not too many of the bondsmen are now
solvent and could be reached, and even
these men have creditors, and their
though considerable and valu-
able, is incumbered, and after years Of
litigation it is hard to say what could be
made, or whether anything could be
made. These are points for sensible
men TO consider
When we consider, then, that, in case
the suits go on, one for the county and |
one for the city, attorneys fees are a sure
expense, and costs Of suits are also sure.
Again, the uncertainty Of the law, and
the insecurity of human affairs, through
The changes, the ups and downs, espec.
ally the dOwa8, Of time, in business and
values, are worthy Of consider
alton, and argue strong for compromise
and prompt settlement. We may say
hat if sui t goes on, the bondsnen will |
contest every inch, raise every point,
will deny their liability, and may make
a better sho wing and defense than many
imagine.
The foregoing points will serve to in.
iuce consideration and thought upon
this subject. The question is-will it not
be better for the taxpayers of Stark
county to have the whole matter settled
on a fair basis, than to litigate for years
and run the chance of getting nothing?
We have no interest in this matter ex-
cept the common interest of a citizen
and taxpayer. The following is the
bill as offered by Mr.. Worley, without
remark or comment:
Section 1. Be it;enacted by the General Assem-.
bly, OF the state Of Ohio, That the Commissioners |
Of stark county be and they are hereby author. |
z3d, In their discretion, to settle and cOmprO. |
mise with the sureties on the official bond of |
George Fessler, late Treasurer of said county and
discharge them from liability upon the bond of
said Fessler as Treasurer of said county, or any
Judgment that may be rendered thereon, upon
.he payment or securing TO be paid upon time,
not exceeding three years by them into the Trea
suTy of Stark county, of such sum or sums Of
money, as to said Commissioners shall seem
proper and expedient provided, that not less
han thirty per Centum OF the deficit in said
county Treasury arising from the detalcatlOn of
,he said George Fessler, late Treasurer of said
county, shall In the aggregate be paid or secure
10 be paid as aforesaid, into said county Treasury
and provided further, that such compromise and
can only be made by "a unanimous
vote Of the said Commissioners
Section 2 The city council Of the city OF Can.
on, Ohio, are hereby in like manner and subject
o the same limitations, authorized and empow
,red TO settle and compromise with the sureties
lpOn the official bond of the said George Fessler,
ate ex.oficiO Treasurer of said city, upon the
consent of three. .fourths of the members Of said
council given and recorded upon making such
compromise, at any regular meeting OF said city
ounCil for their Joint and several liability 10 the
Treasury of said city from the defalcatiOn OF said
ieorge Fessler provided, that nothing in this act
hall be construed, nor shall any settlement
hected under either section of this act be con.
ieorge Fessler In whole or In part, from his lia.
,ilities on either Of the aforesaid bonds.
Section 8 This act shall take effect and be in
Orce from and after It's passage.
q |