The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1882-08-03
JACKsON STANDARD: JACKSON, OHIO THURSDAY AUGT

examined and approved by the Prose-
cutting attorney. The bonds Of the
contractors in this case have an in
dorsement by the Prosecuting Attors
ney, certifying that he had examined
and approved the bonds on the 18th
day of July; but it is admitted that
the Endorsement was not entered on
the bonds until after this suit had been
commenced. The Judge overruled
this objection, holding that the exam
ination and approval was what the
Statute required to make the bonds
valid, and the Endorsement was only a
perpetuation Of the evidence Of such
examination and approval.
Another objection made was, that
the plans and specifications had not
been submitted to the Board Of State
Charities. This Statute is directory,
and not mandatory. If submitted,
and the State Board made suggestions,
the Commissioners were under no OBJ
legations to heed such suggestions,
but might entirely ignore them.
Objection was made to the location
of the jail, and the records on the
Commissioners Journal showed that
minority Of the Board composed of
the Commissioners, Sheriff, Auditor,
Probate Judge and Judge Longbon,
objected to the location. The Judge
held that the Commissioners were the
sole judges as to location, and unless
they used their discretion in such a
way as to be evidence of fraud or bad
faith, their selection Of a site could
not be disturbed by the Court, or any
other tribunal or authority.
But now comes a more serious oh.
lection, and one, said the Judge, upon
which have had serious doubts. The
Statute requires that all bonds, orders
&c., in such case, shall be entered upon
the Commissioners Journal, which
shall be kept in the Auditors Office
and may be inspected by any tax.
payer, SC. In this case the Commis.
sioners directed the Auditor to procure
a separate book, and made an order
and had it entered upon the Journal
that all proceedings in reference to
building the new Jail should be entered
in this new book. Now, is this book
the Commissioners Journal, as con.
templated by the Statute? I think il
is, although, as before stated, I have
grave doubts. Suppose the Commits
sioners had entered an order On theil
regular journal that all proceedings
in reference to the new jail should bt
entered on the last so pages Of tht
regular journal. Would not that bt
a compliance with the Statute? Why
not also adopt the separate book as {
part of the regular journal?
If the County Commissioners art
about to appropriate the public mon
eys illegally, the Prosecuting Attorney
may enjoin them, and if he refuses
then any taxpayer may do SO. Tht
plaintiff, W. II. Monahan, for himself
and on behalf Of all the taxpayers IL
! the county, had right to bring this
suit; but an injunction is an extraor
dinary proceeding, and says to some
one-'' ''stop"-you can proceed no far
ther, until the merits of this case car
be legally determined. In so extraor
binary proceeding, the case must bt
clear. 1t appears that all agree that
new jail is needed. Grand Juries .fol
the past year have so reported; the
Court, by its action, has been Of the
same opinion; the County Commis.
sioners, the officers elected by the peo-
pie to transact their business, are o1
the same opinion. So far as appears
in evidence, no taxpayer in the coun.
ty has a different opinion. The Com.
missioners, from any thing that ap.
pears in this proceeding, have been
honestly carrying out the wishes Of the
people who elected them, and If they
have made slight mistakes, and fallen
into slight errors, where no damage
has been done to any one, these slight
irregularities may be overlooked.
In view of the whole case, the ap-
plication for an injunction must be
dismissed.
,&c