The Marion daily mirror. (Marion, Ohio) 1892-1912, 1907-02-22

that 4 tull mcmbefship OF tho board
was not present; thst no record Of
1.-THE transaction appeared on the
|comniiseIoners' journal, and that the
contract was illegal for the reason
that IT was not advertised. And
|it was on these grounds that he
won a temporary victory ID the low
|er court.
The circuit court held, however.
that The contract was a matter OF
knowledge to the prosecutor within
Ia very short time aster the pfopo.
sition was first brought UP; that
all members Of the board were pres
|ent; that they did vote on the prop
|osltion, and that II was matter Of
record from May 13, 1906. II was
held that all the circumstance sur
rounding the case are not what the
court could have desired, but no
fraud Il proven; 1t was not neces-
sary to advertise and the board It.
self must be the Judge of the nee
essity for the purchase of the fur
niture, W
In rendering this opinion, Judge
Donnelly stated that the. plaintiff had
failed to make case, and then de-
livered q little dissertation on the
difficulty Of getting capable me,
for important offices. He said In
this connection that the county com.
missioners probably had the disbursc.
ment of more money in their hands
than any other set Of public Off
cials; that large manufacturing con-
Germs all over the country are con-
stantly on tho lookout for cornpe-
tent and export business men to
take charge Of their financial affairs
where the expenditures each year
dc not by any means reach the sum
disbursed by the commissioners.
The fault Is with tho people," oh.
served Judge Donnellyi "Thc
people must come TO realizing sense
OF their responsibility by electing
men who will bring to the work.
experience. discretion and excellent
business qualifications. or the laws
must be changed. So long as the
laws stand as they are at present.
the people can hope for but little
relief or improvement in the nd
ministratlon Of thoir affairs unless
tEey select men with business cap.
ability"
The court announced that In this
case he was rendering majority
opinion ;that Judge Hurin did not
feel that he could agree with the
remainder Of the court which, in
order to bring them to a sense of
the eternal fitness OF things. assessed
the costs OF the case against the
commissioners but dissolved the in.
junction which has been holding nm
the payment of Wada's claim. which
has been sold to the City National
bank.
Judge Hurin in his dissentina
opinion stated that there was no ey.
idence that Wade had done anytime
illegal: the City National bank hat
advanced ita money In good faith.
the furniture had been delivered. bu,
tho runs,r< et-nz-s -
IT,. orro. e,vppeo a. tnat point.
th.. ~ ~ S,.u Tug majority opinion
uaro w m.noas ol DONG bushes:
fror, .o.sa ss ioose ana quoted
comm,ss,"no- Ae ese'mony OF tht
thew has ,.1s,, " Snow nov careless
tsst,aaa ,,.. que COMMISSIONS
NO no. ,ha. no unn know OF on!
Acc for ,vt,.s .. ming NJ MS OF
adeo,,.,. go. o Nas not a'read'
ltbe hoo,coa" e naunt e@amine'
nj: ba Sna. . ~ arriVed' an'
was that sc,,a ,S' ,ne walnut cas-
worled n ,,,,,s ~ wv e'a,ns MES
Nom of tho co.,. III ~. in 'he opln'
I, tho nnrcha.a 49, Was previous
acient rnom =, ~ snu oWhcaSe' sur
ment. for ,ho ~ az. rNulre
Ho ,bon ,,.sI n twenty years
OFFICERS N o,,u ' ..naency VI PUBIC
iudament ~ go. ''Ms OF business
OF m,hlic or.,. ,"O tno conouc
RECALLED the r..a 49, 40 ah instance
HarrIsh,rr n, ou. eAp'sure~ In
InjsbIng ~ ".Nu 10 tue iur
statcboupe r.,.. av mi'iiou doliai
arc worth =. as.,.,. u..on nin'on oo!
.Judgc u,r,. ~.
SAssN iShuCTcu Tie OplO