The Hocking sentinel. [volume] (Logan, Ohio) 1871-1906, 1901-01-31

Snr'Vef rerfT County. H.
The VILLAGE Of Shawnee. ComInSu Pleas.
This is an action BY Shriver, to col.
lect from the Village Of Shawnee the
sum OF stale, for publishing the
annual report of the Cle'k of said
Village, for the year ending Marcl,
18th. 1900.
The undisputed ard admitted facts,
as shown by the pl. adings are sub
stsntiaIlv, "a follows: that Shriver
was, on March 18th. 1900, the soIe
"yner and publisher o: The Shawnee
Journal. u weekly newspaper pub
l'shed aud Of general circulation in
said Village: the population Of Shaw.
nee was over 1000, and it was not u
Village that published annually de-
:a'led statement Of its receipts aud
expenditure in hook form. OF in anv
other rriu,e.l manner; thst Arthur
Meredith wss Clerk of said Village,
aud gave to Shriyer on said date, for
publication. q c"py of his annual re-
port a. such officer. duly approved by
the Mayor. aud requested him 10
publish the same pursuant to the
statute. Said report was made up
aud published BY Shriver in his pa.
per. iu tabular form, and. contained
ll64 squares, of 240 ems each, Of the
type useo in printing said report.
Soon after publication, Sh,iver fled
sworn statement thereof with the
Council of the Village, and demand
I'd payment, which was denied him.
except in part, as appears hereafter.
The Villaxs, through its Mayor,
pleads the following as 4 defence to
the above statement of facts: that
prior to the date If said publication.
{" wit, January 2a.i, 1900, the Coun.
Gil "f said Vlllage passed a resolution
declaring that sa'd Council woult a.
low and pay Shawnee Journal. seven.
~ five cents per squire for pul,lishipg
sad report, Of which plaintiff va.
notified, aud that he published .the
said action OF Council il his paper
Immediately thereafter. That On
Angus, 9Th, 1910. the Village Couu.
ciI allowed and ordered psid to Shri-
vrF. for said publication. the sun, Of
$50. Sc; that the V.!Iage Clerk. pur.
snant thereto, drew his wsrr.n, OF
the Treasurer of Shawnee for sa,d
amount, aud has kept the same tend. |
cred to Shriver ever since who has |
refused said sum in payment.
Shriver moves th. Court to strike
nut all the above allegations of the |
answer, al redundant. irrelevant, and |
~ constituting no defense to Ilis
claim against the Village. The Vii
isge Clerk is an el; ctive officer; he
gives lnnd for the faithful perfar,n-
ance of his dutips; aud ~ far 40 h,s
duties relating I" his annual report
are concerned. they are found in the
Statutes Of Ohio. and ara independ-
ent Of any control Of the Village
Council. Section 1856 r. 8. re-
quires him to make and enter in his
rec"rds, on or before the third Moh-
day Of March Of each year a detailed
statement Of all receipts and expend.
itures. bonds, aud the exact condi.
tio" Of the several funds of the Vii
lage. for the proceeding year. In
order that the public may be fully
apprised Of the financial siiuatiun of
each village Of over 1000 (4uch as
Section 1857 X. y. pro.
vidss that the Clerk SHALL have
The above report. approved by the
Mayor, published IN some newspaper
uf general circulation in the Village.
1t least 5 days prior to the frst Mon
day Of Apr'l,except in villages which
annually publish such statement ia
book or other printed form. Shaw.
nee is not Village OF The latter Kind
or class.
That there might be no omission
On the part Of Clerks to publish their
annual reports, this same section.
1857, provides AZ follows; "Any
Clerk refusing oF neglecting to CON.
form I'd the provisions of this snd
Ihs next precerdi"g Q75e) section,
shall be fined by the Mayor or pulice
,ourt, not more than 80 nor less than
Is dollars for the use of the Corpor-
ltiOn."
There can he IN doubt then, that
bese provisions are mandatory on
he part of the Clerks, aud Meredith
vas compelled, by the condisi.'ns Of
,is nfficial bond and thia uenal sfat. I