The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1883-12-12
CANTON. OHIO WEDNESDAY, DECEMBER H. 1883

instead of that Gerwig aided and abetted
the crime by permitting and cOnsenting
to the purchase of MillhOf's coal, and
| sanctioned it anew by paying for 1t, and
| moreover paid for 1t more than il was
worth.
These same Commissioners had them
selves made difference of 20 cents per
ton between Osnaburg coal and Con-
notion coal, for they entered into a con-
tract with Adam Oberlin agreeing to
pay Sl.80 per ton for Connection and 90
per ton for O5naburg coal. And if any
one will take the trouble to look at the
standing advertisement of Stout, Van
Wickle 81 Co. in the Cleveland Herald
ne Will lind that those coal dealers in
Cleveland retail Osnaburg coal 90 cents
higher than COnnOttOn coal.
But after Oberlin left Mr.. GeTWig, as
Commissioner, allowed MillhOf 50 per
ton for his COnnOttOn coal, and an in
teriOr grade of COnnOttOn coal at that.
And moreover Mr.. Gerwig took no
precautiOn whatever to insure fair deal
ing between the county and Millhof; on
the contrary, the very course was adOp-
ted that men designing to swindle the
county would adopt. No Weigh-bilis
were signed by the janitOT, when the
coal was delivered; no account was kept
of the number Of loads; but as was said
before, when MillhOf wanted money he
carried to the janitOr a bundle of weigh
bills, who cOmplacently signed the
whole batch, and thus certified to them
when he had no means Of knowing their
correctness. However honest Mr.. Ger
wig may be in this matter, we suggest
10 MIN that the taxpayers who elected
him Commissioner do not sanction such
a course of dealing.
Mention was made in the former arti-
Gle of the fact that MillhOf got the con.
tract for supplying the Infirmary with
coal. This contract was awarded to and
accepted by him whilst Commissioner,
and of course the acceptance thereof
was Denltentiary crime, and in law is
a nullity, and the directors have no
right in law to receive his coal or issue
an order for payment thereof; nor has
the treasurer right to pay such order.
We shall see whether the new board of
lntirmaTy directors have any regard for
the law, and also whether the treasurer
has any regard for the law.
Since the last article was published,
coal dealer, Mr.. Hadley, went to the
inhrmary whilst the board was in ses-
sion, and asked to see the contract
awarded to MillhOf, and was told that
the contract was not where it ought to
be, III the directors office; and upon fur
ther question, was informed that Mill
hOf had the contract, and thereupOn he
asked for written authority from the
board to inspect ihe contract, which the
board refused to give him. He was,
however, allowed to see MillhOf'5 bid
and take Il copy thereof. This shows
that MillhOfs bid was for lump coal, at
81, 20, on the cars at Canton. No variety
was specified, and under it MillhOf can
deliver the most inferior coal in the
market, provided it is lump coal, and
which is worth from 40 to 80 cents less
than O5nabuTg coal. Now, Mr.. Hadley's
bid for "best Osnaburg lump coal" was
$l,6O on ths cars in Canton, and yet
Millhof's bid was accepted.
Now, while writing about this coal
business, word as to MillhOf's city con
tract. This contract was awarded to
Commissioners, and the acceptance
thereof by him was penitentiaTy crime.
The City Council cannot repeal
criminal statute, nor has it right to
aid or abet the commission of a felony,
as it did when it awarded MillhOf that
contract. The contract in law is
nullity. The Council has no right to
pass upon any bill for coal delivered
under it, and if the Council should or
der the payment of it, it would be the
duty of the Clerk to refuse an order on
to refuse to pay any such order if the
Clerk gave one, and the Solicitors duty
by legal proceedings to restrain the
Treasurer should he fail in his duty.
Of course the Council inadvertently
awarded the contract. Its attention
was not called to the law. Had the law
been known to its members the contract
would not have been awarded to MillhOf.
But now that attention has been called
tn ha loN oh hn 90
to utterly ignore this contract and
award new one with proper facilities
for free competition. The City Council |
of Canton cannot afford to compound a |
felony, much less to be participants in |
the felony. The people will wait with |
much interest to see which Councilman |
will first move to Tectify the wrong. But |
if the Council fails in its duty the peO- |
pie will watch the Clerk, Treasurer and |
Solicitor, and see how they perform their |
duty. Boss MillhOf is not such a sacred |
parsonage that the laws should be |
trampled into the dust at his bidding, at !
least not in the eyes of TAXPAYER.