The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1895-07-18
WANT AN ARMORY.
Mandamus Proceedings Com
menced Against the County
Commissioners.
LAW is NOT COMPLIED WITH
The Local Military Organizations
Take Legal Steps to Make the County
Furnish Them with Suitable Quar-
ters-Present Ones not Satisfactory.

Furnish Them With suitable quar-
ters-Present Ones not Satisfactory.
Mandamus proceedings were com
menced in common pleas court this morn
ing to compel the county commissioners
to construct and maintain an armory, as
provided by law.
Judge McCarty granted an alternative
writ which must be answered by July 20.
The title of the action is; TheState of
Ohio on relation of Harry Frease, captain
commanding Company l, eighth regi-
ment of infantry, Ohio National Guard,
VS.. J. o. Kreighbaum, Josiah Clutz, and
John r. Poyser, county commissioner of
Stark county, Ohio. The papers were
filed by Attorneys Joseph Frease and Mil
Ter & Pomerene.
The petition first alleges that Harry
Frease is the commanding officer of the
companies of the o. n. g. stationed at
Canton, and as such officer has a specific
legal right to the remedy sought, and has
no other legal or equitable remedy.
1t is further alleged that the defendants
are the duly elected county commission
ers, and that three companies of the o.
n. G. are stationed at Canton, and have
240 regularly enlisted men. That said
Ohio, required to meet once a week for
drill, and at all times to respond to the
call of the sheriff, mayor, or judge of any
court, to act in aid of the civil authorities,
and when SO acting the expense of main
tenance, as well as the pay for members
thereof, is paid by the state of Ohio. That
said organizations have had issued to
them by the state, uniforms, arms, and
Nth ,nV,N In, 20 af 1nng
S15, 900, and have also acquired by pur.
chase out of their own funds, q large
amount of field and camp equipment.
LAW IN THE CASE.
1t is alleged that by the terms and pro-
visions of an act of the Ohio legislature,
passed March 2s, 1894, the board of
county commissioners of the county in
which all, or a majority of the officers and
enlisted men of any regiment, battalion,
company troop or battery reside, shall
povide for each organization n suitable
armory for the purpose of drill, and for
the safe keeping of the arms, equipment,
md other military property, furnished by
he state, which armory shall be inspected
and approved by an officer detailed by the
commander-in-chief, for such purpose,
who shall file with the board of county
commissioners, a certificate of such in
spection and approval.
WHAT THE STATE PAYS.
The said statute further provides that
when such armory is furnished by the
commissioners, the state will pay 5000 a
year for each company, to the treasurer
Of the county, for the purpose of aiding
in paying the expense thereof
The statute also provides that the COM
missioners can purchase land for the pur-
pose of building the armory, and if neces-
sary, appropriate the land according to
law.
The petition states that upon the pass
lge of said statute, all counties in the
state provided for armories, and that in
Wayne, Summit and Harding counties,
steps have been taken to erect buildings.
VERY POOR QUARTERS.
1t then charges that the quarters pro-
vi ed in Stark county for the organiza-
tio,1s having their headquarters in the
city of Canton, are inadequate, insecure
and in no way suitable for the purpose
have no drill shed, or any place where
said or yaniZations can meet for drill as
required by law. The open character of
the building renders the arms and equip
ment insecure, and liable to invasion and
destruction
The petitl IN says he has been unable to
find suitable quarters in Canton, and has
so reported to the county commissioners
That the adiutant general of Ohio has
served written notice upon the commits
sioners that the quarters now being pro-
vided are far from satisfactory, and that
he cannot approve the same.
REQUEST REFUSED.
That thereafter, the adjutant general,
and officers of the local military organiza-
tions, made personal demand upon the
commissioners, that suitable arlnory be
provided. That on July s, 1895, the COM
missioners declined to take any action in
the premises, and placed upon their rec
ords formal refusal.
The petitioner further states that by
such refusal to erect or provide uitable
armory, the organizations are depllve of
adequate quarters, where members may
meet for drill, and said commands must
necessarily deteriorate to such an extent
as to render them inefficient for the pur-
poses for which they were organized; al d
their arms equipment, uniforms ami
military property are fenuefeu insecure,
and liable to loss and destruction
WITHOUT OTHER REMEDY.
The petition closes by stating that the
military organizations are entirely with
out remedy in the promises, unless it be
afforded by the interposition of the court;
and he therefore prays for a writ of man
damus, and that they be compelled to
take the necessary action, to provide for
the erection and maintenance of suitable
armory for companies |, l., and f, and
the hospital corps Of the eighth regiment
of infantry, stationed in Canton, and
that such other order may be made in the
premises as justice may require.
The letter of Adjutant General Howe,
and certified copy of the action of the
commissioners In refusing the request for
an armory, are attached to the petition.
a