Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-10
HOLDING
Two SaIaried Offices.
Hon. S. |. Patterson En-
joys This Distinction
In Clear Violation Of the
Statutes.
He Is a Collector at Port of
WaverIy
And Member Of General Assembly
Statement Refused.
Special Correspondence.)

Special Correspondence.)
Columbus, May 10.-The reappoint-
ment by tue State Board of Public
Works Of Hon s. L. Patterson of Pike
county, as collector of tolls Of the
Ohio canal at Waverly has called at
tention TO the fact that he. is holding
two salaried offices under the State and
that he has done so since he qualified
as State Senator. While there is no
general constitutional or statutory pro.
hibltion preventing citizen Of Ohio
from holding two Offices at tie same
time. there are statutory provisions
making it illegal for persons who hold
certain designated offices from holding
other specified offices aud Senator Pat
terson's position seems to be clearly
contrary to law.
Section 4, article 2, of the State con-
stitution, says:
mo person holding Office under the
authority Of the United States or any
lucrative Office under the authority Of
this State shall be eligible to or have
seat in the General Assembly; but
this provision shall not extend to town,
ship officers. justices Of the peace,
notaries public or officers of the mil
Now Senator Patterson's position as
collector at Waverly is a lucrative
Office, for the salary of $3.50 per year
is attached. The appointment of such
collectors is authorized by section 21S-
1913 Of Bates Revised Statutes. Thus
the technical question as to whether
the position is nm office is removed.
Throop on Public Offices quotes the
following definition: "a public office
is an agency for the State and tho
person whose duty It Is to perform
this agency is a public officer"
Although it is believed that Mr., Pat,
terson is ineligible to hold office as
member Of the General Assembly so
long as he retains his position as~col-
lector, no official act of his as State
Senator can be declared invalid for,
during the recent session, he served as
a de facto officer. He Is also entitled
to draw his salary as State Senator,
but the State has authority to resist
payment at any time on account Of the
fact that he Is not a de jurc officer.
The State would have no ground for
recovering The salary already paid him,
since, If he should be ousted, there Is
no one TO claim the office for the period
during which Senator Patterson has
already served. He may, therefore,
continue 70 draw both salaries aud to
perform official acts In both positions
SO long as no objection Is raised by
the State.
Senator Patterson spent almost bis
entire time either in this city or In
Washington during the session of the
Legislature apd the question naturally
arises as to whether or not he was
able during that time to attend proper.
ly TO his duties as collector. Secretary
McLain of the State Board Of Public
Works, when asked about tue matter
yesterday, refused to make any state
ment whatsoever. he did not, how
ever, refuse to allow au examinations
of the Secretary's books. They show
no receipts from tolls at the Waverly
port during the months OF January,
February, March and April, whereas
the collection of tolls at Chillicothe,
the port next to the north was report
ed nearly every week.
ROBERT o. RYDER.
-----------------------