The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1905-10-24
COUNTY OFFICERS
MADE DEFENDANTS IN STATES
TEST CASES.
Three Suits Brought to Have Them
Restore Money to the County
Treasury Alleged to Have
Been Illegally Drawn.

Been Illegally Drawn.
County Prosecutor Robert II. Day
has filed three suits in common pleas
court against Sheriff Mckinney, Coun-
ty Surveyor Sickafoose and former
County Coroner Dr. c. e. Schiltz, to
have them restore to the county treas
ury moneys which it is alleged have
been Illegally drawn in excess
of the fee system. These cases are
test cases brought under the direction
of the attorney general of Ohio. He
is making an effort to have money re-
funded to many counties, which, he
states, have been illegally paid. He
holds that the precedent, upon which
these Stark county officials have based
their charges, is illegal and that the
money must be refunded.
Judgment is asked against Sheriff
Mckinney in the sum of S311.G0;
against County Surveyor Sickafoose
for S9t6.25, and against former Cor.
oner Schiltz for s2,222.2O, all with in.
terest from the dates when the mon
eys were drawn. Against Mr.. Sicka,
foose but one cause of action is
brought, the amount sued for, having
been secured between September 80,
1908 and Decent "a, 1904.
In the petition against the sheriff,
four causes of action are mentioned.
| The petition states that the defendant
took excessive fees amounting to
| S155.23 in 1873 lunacy cases between
| September 1, 1903 and March 1, 1905
The second cause for action states
that the sheriff drew $113.93 for work
house cases and all but $11.22 of this
amount was overdrawn. The plaintiff
claims in the third case that the de-
fendant has been paid twice on war
! rants made in payment for two ven
Tres issued to the sheriff on Decembe
and .. 1908. In the fourth cause of
action the petition states that eXces,
sive fees amounting to $4406 werc
secured by the defendant for serving
grand jury witnesses.
In the suit against DR.. G. E. SchiltZ
four causes of action are also men.
toned. 1t is claimed that he drew
$3.50 on warrants between December
81, 1903 and November 10, 1904; that
he overdrew $12.75 on January 80
1904 for holding an inquest; that the
defendant secured $1,S56.95 on war
rants between September 80, 1903 and
January l, 1905; that the defendant
illegally tpok SO on December 5.
1904, for an inquest.
INJUNCTION ASKED.
Madison Boughman has filed a petit
tion in common pleas court against
Joseph Wackerly and sixteen Others
asking that he be made the sole own
er of piece of property in this coun
ty free from the interest of any of the
defendants, who it is aske1, be also
enjoined from the title. Shields, Thay
er and Pomerene represent the plain
tiff.
ELECTRIC COMPANY SEEKS TC
BAR
The Electric Company of America
has commenced suit in common pleas
court against John Robbins and 9th
ers asking that the defendants be
barred from claiming any title in prop
critics owned by the plaintiff in Can
ton.
TRESPASSING CASE HEARD.
But one case in the criminal docket
was heard by Probate Judge Aungsi
and jury Thursday. 1t was the state
of Ohio against Harry Marchand, Up
son Ricksegger and William Breningei
charged with trespassing upon the
lands of Oliver Pfouts in Sugar Greek
township. The four men were fixing
telephone wires on Pfout's property
belonging to the Bunker Hill Tele
phone company. The case was ad
journed until $3.50 o'clock this morn
ing.
PETIT JURORS DRAWN.
Deputy County Clerk Agler drew
seventeen petit jurors Thursday morn
ing. They are to report on Monday
October 23 at 1 o'clock in common
pleas court The list is as follows:
Philip Loew, Bethlehem township
Emery Howenstine, Pike township
Anton Schwertner, Canton; Hiram X
4 Grant, Canton; David s. Sewers, Mas
sillon; George Leeper, Perry town
ship; S. NJ. Anderson, Canton; Charles
Letter, Massillon; ]. s. Acker, LakS
township; Jerome Muckley, Sandy
township; l.. Sollman, Canton; David
Johns, Massillon; Andrew Harter
Plain township; T. X. Turnbull, Can
ton; Adam e. Feldbush, Canton; Le
ander Fording, Alliance, Stepher
Shell, Nimishillen township.