The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1901-04-09
The Findings Of. judge
Boone In
THE METZGER CASE
Partial Text Of the Decree
Which Rem owed the Ac-
cused Man From
Office,


Its solicitor, Lewis p. Metzger, as an
nounced in the News-Democrat a few |
days ago. has been decided by the re-
moval of Mr.. Metzger from office. A
number of charges were preferred
against the defendant In the suit. Pri- |
marily, he was charged with conni- |
vance with Pittsburg parties in the at
tempted sale OF the Salem railroad. II
is further charged that he presented
Illicit expense bills to the city council
for payment. The case Is adequately
summed up in the decision of Judge
Boone. the most important portion of
which is as follows:
This case comes from my old home,
the accused member of this bar
whom / have reasons in the past to
hold in high esteem. Among the wit
nesses for the prosecution, as we'll as
for the defense. appear lawyers and
members of this bar, and other wit
nesses, every one of them personally
and well known to me to be respect
able citizens. and gave their testimony
in this proceeding. and assure you 1t
has been no light task for this court,
owing to the nature of the charge to
arrive at its finding. In attempting
to do SO l have endeavored to treat this
matter as to the law and facts, Just as
would If l did not have such an ac-
quaintance with all as l have referred
to, trying the defendant according to
the law and evidence. 1t must be re.
membered that few prosecutions have
been commenced under this action.
That some courts. this being the quasi
action, have held that to prove mis-
feasance in office, preponderance OF
the evidence is all that is required, but
to convict one Of malfeasance the court
or jury. must be satisfied beyond
reasonable DOUBT of the guilt of the ac-
cused.
81 consider that misfeasance and NAL
feasance should be proved to the sat-
isfaction of the court, beyond a rea-
sonable doubt, and If Lewis +. Metzger
is guilty he must be proven so of one
or more Of these seven charges by con-
vincing evidence.
"Misfeasance is fault in Office in not
doing lawful act in proper manner
Malfeasance is the doing of an act
wholly unlawful and wrongful.
Now rs Lewis P. Metzger innocent or
guilty from the facts disclosed by the
evidence before me as he stands
charged?
"As to the second charge I find from
the evidence that the solicitor had
right by virtue of his duty as solicitor
to go to New York II he believed Il
would be necessary and in the interest
of the city of Salem; that so far as
$51.45 is concerned that the evidence
does not show to my satisfaction that
the defendant procured said sum
wrongfully, the pending litigation in
the United States court, being the State
Trust company, complainant. against
the city OF Salem ct al, the matter in
volved being a suit of $125, 900 bonds the
interest and principal amounting at
the commencement of the action TO
about $165. 1000.
II have had some experience in the
practice of law, and from the testi-
mony and In my own experience, l
would say he did no wrong in making
the second trip, so far as his actions
with the second charge, the $51.45 are
concerned.
"As to the third charge the evidence
disclosed the fact that there was q suit
pending between the common pleas
and circuit court, q damage case
against the city of Salem, Judgment
having been rendered some time lie.
fore against the city for $3.50. That
the solicitor tried the case in circuit
court, and succeeded in obtaining a re-
versal; that at tho time he was re-
naming at circuit court, to hear the
courts decision. Then these items in
q civil court ought not to be charged
against him. and find him not guilty
of the third charge,
"As to the fourth charge, find as to
this Item charged that In presenting
the bills to council for the expenses q.
Cleveland. May 10 and 81, getting
bond issue of $4,000, refunding bonds
approved, delivering said bonds to
purchaser; trip made necessary by rea-
son of irregularity in the issuing of the
bonds and trip August 15 and No
vember s and in the Salem railroad
case aggregating in all. $25.75, for
which bills were presented and collect.
ed from council. were not collected
with. the intent to wrong and defraud
said city, but came along and were in
Cured by virtue of his Office. and that
1t was necessary for him to make said
expenses, and proper for him to col
lect from the city.
"As to the fifth, that the defe adant is
guilty Of dcfrauding the city and caus
ing the railroad then owned by the city
and known as the Salem railroad to
be turned over to competing line OF
railroad. To this charge must say
that Lewis p. Metzger's conduct was
suspicious; that his actions with b. S.
Amber were not such as to inspire
confidence, but whatever he did or said
to Mr.. Amber has. as 1t appears from
testimony concerning this charge, little
to do. 1t seems to me that his actions
were kept from b. s. Amber closely,
on his second trip. and his ceasing to
telephone to Johnson, the Pittsburg
party, on Mr.. Ambler's entry to his
Office, his promise to arrange the
railroad matter the next day. and then