The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-01-09
ACCOMMODATING
COMMISSIONERS.
They Said Nothing About the
Sheriff and His Bond.
PERMITTED HIM TO QUALIFY
Though They Gould Have Appointed An
other Man In His PIace-Did Not
File His Bond In
Time.

Sheriff Zaiser is blithely moving along
on his second term of office, having
been duly sworn in this week. He is
all right now for two years more. But
If the county commissioners had been
disposed to be critical they might have
caused the sheriff quite a little annoy
ance before he was given charge of the
office for the second term, and it is pos
sible, though not probable, under such
a contingency, that the commissioners
might have concluded to override the
will of the people and put in altogether
another man. Such a proceeding has
taken place in Paulding county and the
sheriff elected and the sheriff appointed
are now fighting it out in the courts to
draw the salary.
The sheriff is an officer who serves
by virtue of his election, under COM
mission issued to him by the governor
of the state. Section 1903 of the stat
utes of Ohio says: "The sheriff and
coroner shall, each, within ten days
after receiving their commissions, and
before the first Monday of January
next after their election, give bond to
the state, with two or, more sureties
approved by the county commission
ers etc. etc.
Section 1905 says: "If the sheriff or
coroner fails to give bond within the
time specified, then said commissioners
, shall declare the office of such sheriff
or coroner vacant and said office shall
thereupon be filled as provided by law
Section 1908 says: When the office OF
sheriff becomes vacant the county com
missioners shall appoint some suitable
person to fill the vacancy"
, Under this law and under the circum-
stances as they appear to exist if the
county commissioners had so desired
it is evident that they might have ap.
pointed some other man to run the
office for the next two years.
Sheriff Zaiser got his commission al
right from Governor Bushnell. The
document was exhibited to a News
Democrat representative Friday after
noon. The commission was made ou
o on November "a and the sheriff says h,
v received it about the first of December
}, Section 1906 would indicate that it wa
] compulsory that within ten day
e thereafter the sheriff must give hi
bond and have it approved by the com
!. !. missioners. And it must be done ais
= before the first Monday of January
i. To be strictly technical the sheriff fail
e ed on both these points. His bond wa
t filed with the commissioners last Tues
day morning, January 2. 1t was ap
II proved on Wednesday, January 8.
The sheriff had it all ready to file be
fore that time and the only reason
was not filed was because the commits
sioners were not in session. But if the
had been disposed to slip in quietly an
U declare the Office vacant last Tuesda
morning before the sheriff got aroun
with his bond, it would have produced
situation decidedly embarrassing 70
: Mr.. Zaiser to say the least.
d OF course no one would suppose sue
i thing would be done by the commits
IS sioners and if they were going to max
n an appointment on the ground of tn
IL failure of the sheriff to conform strict
= to the legal technicalities it is alto
g gether probable that Mr.. Zaiser woul
n be the man selected. They eVidentl
e did not care to embarrass the sheri
n by pointing out to him that in realit
l. he holds his office by consent of tn
q board. The fact however, remains.