The Marion daily mirror. (Marion, Ohio) 1892-1912, 1908-09-19


provided that the surveyor was en-
titled to so much salary and all
of his expenses. Expenses, Of course,
included livery hire. Mr.. Noyes
owned a horse and buggy and used
these in his work for the county
When he rendered bill for his ex-
penses and salary to the commits
sioners he charged the regular price
for the use of his horse and buggy.
This was one of the instances where
in 1t was alleged by the examiner
that he had drawn money Illegally.
Another instance was in salary and
expenses which he mad drawn after
the law, which was operative for a
jtime, had been declared unconstitu-
tional, although the services which
he had rendered we're rendered be-
fore the ruling of the Supreme court.
Here it looked as though there was
sufficiently debatable ground to war;
rant a suit being brought, but
the holding of the courts proves
that the Interpretation which Mr..
1Halbedel placed upon the law was
mot correct and that he was not
warranted in making the report
and the recommendation which he
did and that Mr.. Clark was not
warranted in beginning the action
which has heaped court consts upon
the county and accomplished Moth
ing.
The mistake which Mr. Clark
has made and the one which was
pointed out at the time the report
of the examiner was filed Is that
the Interpretation which was placed
upon the laws by the examiner, be
he an expert or otherwise, was not
sufficient grounds for beginning an
action. The officials in question, and
all Others against whom findings
were made by the examiner, had
secured the opinion of some OF
the ablest lawyers in the city as
to what was legal and to what they
were entitled under the law, yet
Mr. Clark chose to take the word
OF man who is not q lawyer and
has had no especial training in the
law, and to institute suit against
the officials, increasing the expense
upon the county by adding court
costs to the useless expense of hay
ing an examiner make the examina-
tion.
Mr. Clark may say that he has
not added to the expense of the,
county because the sheriff and clerk
Of the courts are both on a salary
and that the actions have only in
the work upon those OFF,
ficials, and has not added to thei
expense of the county. Yet, it must
be remembered that these offices
must stand upon their own receipts.
Every tub must stand on its own
bottom. The Office must net the
amount OF money to which the OF
fetal is entitled In salary before he
can draw the amount and If the
receipts OF the Office from other
sources has not been sufficient TO
meet the salary then the county
must pay the costs of the prosecu-.
tions just the same as any other
litigant who has been defeated In
his case at bar and II this Is the
case, then Mr.. Clark has added
TO the cost OF the county, just the
sum OF money which has been piled
up in court costs In the deciding
Of these two cases, one OF which
was decided in the courts of Frank
lin county even before the case was
started in Marion county.
1t cannot be said that politics en-I
Tered in any way into the consld- ,
sration OF the cases by the courts
which have passed upon them. It
S trne that Mr. Key and Mr.. NoyesI
are both Democrats and that the
Judge who rendered the decision in
he Common Pleas court is a Dem
'crat' but the opinions of the Girl
;uit court was rendered by the only
republican upon the bench In this
district and he based his holding
ipon the ruling which was made
'y the Supreme court in the Frank.
In county case and the Supreme,
,ourt Is a Republican body. \,