The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1886-11-11
HAVE WE A sHERIFFq
Republican Lights of the Law Say We
Have, But They Want to Kick Him
Ont.

Have, But They Want to Kick Him
Out.
As stated In the DAILY DEMOCRAT Of
Saturday, the question of the Clerk
counting the votes for Crawford for
Sheriff was being discussed, Prosecutor
Welty claiming there was no Sheriff to
elect, and hence no votes therefor
should be counted; while ex Judge
Frease and George E. Baldwin argued
only that the Clerk should record and
tabulate ali votes, no matter what for.
Mr.. Welty's closing reply drew forth
frequent Interruptions, In which Messrs.
Frease and Baldwin were Joined by the
three lesser limbs present. Mr. A. Nc
dregor also chipped in time or two, re-
marking that Clerk Lahm In 1857 re-
fused TO count a return from Paris
township, thereby giving the certificate
OF election to the State Senate to +. j.
Meyer, when I. W. Chapman was really
elected and got the seat by contest.
When Mr.. Baldwin boastingly said they
would have defeated Leininger had he
run, Mr. McGregor reminded Mr.. B. that
he and his friends said the same as to
Clerk, Auditor and Commissioner.
But let Us look at this question of
Sheriff:
The statute provides for the election
OF a Sheriff every two years, and also,
that, on the death of the Sheriff, the
Coroner shall succeed, and serve out
the term. In case Of the death OF res
ignatl0n Of the Coroner, the law pro-
Vldes that the Court or County Commits
sioners shall appoint suitable person
to I'LL the vacancy In the Office of sher-
III, and hold his Office for and during
the unexplred term of the sheriff, whose
place he ills" This is very plain sail
ing, and now, what are the facts?
On the death Of Sheriff Lee, Coroner
Leininger became Sheriff in pursuance
of law. On Mr. Leinlnger resigning as
Coroner few weeks ago, and the Court
not being In session, the County Com
missioners appointed Mr.. Leininger
Sheriff to serve out the balance of the
term Of Lee, and so run out the full two
years, thus making the election for
Sheriff come next year at the regular
time.
Now, Messrs. Frease and Baldwin do
not dispute the fact that the Commis
siOners duly appointed Lein1nger and
had clear legal right to do so. All this
they admitted. The point at issue would
seem to be as to the time for which he
was appointed, although even this they
carefully and shTewdiy avoided, only de-
mandiDg that the Clerk count, tabulSte
and certify their illegal votes for Craw-
ford, and thus give the hungry RepOsl-
tory chance to get the Sheritf's patron
age by command from FOrRker's
packed court. l; Is In truth only an
other trick of the tribe.
The cases cited by Messrs. Fresse and
Baldwin, to show that the Clerk must
count and tabulate all returns, are not
IL point, and we'll they know 1t. Mr..
Welty referred to the Sheriff's prOcla-
nation which did not say Sheriff was
to Ge voted for, and this fact the Clerk
must notice and regard, The Clerk, Mr..
Welty also said, must note and regard
the action of the County Commissioners,
and recognize and obey the same. And
this is emphatically and undoubtedly
correct. 1t was the action Of the County
Commissioners in 1857 In making two
precincts In Paris township that In
duCed Clerk Lahm to refuse to count the
Centre school house return where the
trustees and clerk held theseIection as
usual, and where large majority of the
citizens voted, they claiming the action
Of the Commissioners was illegal.
We can therefore see no difficulty In
this case. The Clerk has no right to
recognize votes for Sheriff, when no
such officer was to be elected. As we'll
might he be required to count and tabu-
late votes for President, for Legislature,
or any other position not to be filed.
The sbsurdity Of the claim Of these Re-
publican limbs of the law is easily
apparent to any one who will consider
the facts and regard the statutes.
Mr.. Welty claimed that If they
thought the Sheriff erred in his pro-
clamation In emitting q notice to elect
a Sheriff, their remedy was
q mandRmus from Court order
ing the Sheriff to correct his
proclamation. These sharp gentlemen
neglected this opportunity, and here If
at all, was their opportunity. If q
Sheriff had to be elected, the notice
thereto should have been In the election
proclamation. II improperly omitted,
there was remedy. Why did not these
gentlemen move In the matter thel2
They did not want tO-they did not dare
to. They now seek an advantage by
which they may use their Foraker in