The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-09-16
ROLLER CASE
NOW IN court.
Prosecutor Files Suit for
Commissioners.
ASKS WRIT Of MANDAMUs.
Auditor Allen is Called Into
Court.
Commissioners Claim Allen Has Re
fused 70 Issue a Voucher In Pay
mcnt fof the Sole Purpose Of Har-
rassing the Board In Its Work.


a petition asking that the court is
sue an alternative writ of mandamus,
requiring tho cousaty auditor, Charles
l.. Allen to come into court and
show cause why he refuses to certi-
fy that there is sufficient money In
the county treasurer 90 pay for a cer-
tain motor roller, contracted for by
the county commissioners. was filed
in the court of common pleas today
by Prosecuting Attorney Charles l..
Justice. Judge Scofleld issued an al
tentative writ of mandamus as prayed
for and the auditor is obliged to
come in to court Monday, September
27 and show cause for his action.
The title of the case Is The State of
Ohio, on the relation of the Commits
sioners OF Marion county, against
Charles l.. Allen, county auditor. 1t
was filed by the prosecutor pursuant
to the resolution passed yesterday by
the commissioners at special meet
ing.
It Is stated that the commissioners
on April II, 1909, entered into. an
agreement with the Austin and West
crn Manufacturing company for the
purchase of an American motor road
roller, weighing ten tons and 25
horsepower. The statutes require
that before contracting for any ex-
penditure the commissioners shall
first ask tho auditor TO certify that
the amount they expect to expend Is
either in the fund in the treasury
from which IL is to be taken and has
not beeen appropriated for any other
use or that 1t Is in the process of
collection.
Auditor Allen was requested to cer-
tify and 1t was demanded that he do
so, but he refused Notwithstanding
the fact there was then and there Is
now sufficient, money in the pike FUND
to pay for the road roller. 1t Is al
legged that he refused for the sole pur-
pose OF hindering. annoying and pre-
venting the commissioners from car
rying out their plans and that in to-
tai disregard OF hfs, duties he wilfully,
purposely and mslicsously neglected
| to do as required by the statutes.
In conclusion a writ OF mandamus
is asked for and Upon final hearing
the court is asked to compel the aud
itor to certify as requested and that
he be required to pay the costs oil
the suit.
When interviewed toady County
Auditor C.. l.. Allen said:
"All I have to say is that when the
supreme court of the State of Ohio
tells me to certify TO the commission
ers. | will do so and not until
It Is evident that Mr.. Allen intends
to fight the case to the last ditch and
even II compelled to certify there is
likelihood that further legal pro-
ceedings may follow to prevent the
the payment of the money. t.
The commissioners are fully as de-
ttermined and IL is certain that the
public will be interested in the de-
yelopments as we'll as the outcome,
The question arises very naturally
| I'm the mandamus proceedings against
County Auditor Allen, as to whom
| he will look for his attorney fees M
| defending the suit against him. The
i law provides that 40 must ash me
county commissioners. Feeling nc-
tween the auditor and the commits
sioners is such that a refusal migh'
| be met with and 1t riigbt slso be nec-
essary for the audit>r Ito mandamus
The commissioners 10 secure couhSt'
| or at least to pay them wien ibeir
! services were dispensed with
| In any event those on the inside
| are wondering and watching for
| further developments.
The answer and cross petition OF
the Home Building and Loan Com
pany in the case OF the United States
Fidelity and Guarantee company
against Wallace Mcbride and others
has been filed IN the court OF COM
mon pleas.
1t Is stated that on Nov. 20, 1906
Laura c. and Wallace Mcbride gave
their certain promissory note for $Goo
to the Home Building and Loan Com
pany, secured by mortgage deed Oh
the premises described in the petit
ltion. The answering defendant alleges
that there is still $53S.75 due on the
noto and it is asked that the court
declare this claim the first and best
lien on the property. Copeland and
Bartram represent the Home Building
and Loan company.
In the petition, the United States
Fidelity and Trust company AYERS
that it guaranteed the faithful per-
Torrance OF the duties as admins
traitor by. Wallace Mcbride but that
he failed to perform such duties and
the company was obliged to pay a
claim that should have been paid by
Mr.. Mcbride. 1t is further claimed
that Mcbride really purchased the
proberty In question but that 1t was
put in his wife's name to defraud the
United States Fidelity and Guaranteed
company.
Judge Babst has issued orders foI
the petit jury, which has been pre-
viously summoned TO report Sept. 20
to delay It's coming until Oct. 4. on
which date the trial of criminal cases
will be assigned for immediate hear
ing and the active work commenced