The Greenville journal. [volume] (Greenville, Ohio) 1850-1918, 1911-11-16
Examiners Report.
To the Honorable william W, Teegarden,
Judge OF the Court Of Common Pleas Of
Darke County, OHIO.

Darke County Onio:
Your committee appointed TO examine tbs
county commissioners report and voucher
for the year commencing september /, 1910
and ending August 81, 1911, has been In q
session 30 days, the full time allowed by law
and they find that IL is impossible To make
"a thorough examination OF every part OF the
report. In view of this fact they have d.
reeted their attention to the subjects that
haqe been most criticised by the Taxpayers
OF the county. We have carefully examined
them to be substantially correct ia form and
computation and that they practically cor
respond to those figures set out m the said
commissioners report Tne committee has
examined forty-three witnesses and have
spent four days personally looking over va
rious improvements in different parts of the
| county, including about one hundred
bridges. Upon examining the report of the
former committee appointed To examine the
commissioners report for the year preced-
ing the year covered by ts report, this
committee fnd that the commissioners paid
Dut little attention to the recommendations
or that committee. And this committee
thinks 1t time for some action 10 be taken TO
remedy the evils that exists. II the evils
cannot be corrected by the commissioners
after their notice had been called to the ir-
regularIt:es and If the report shows they had
| Ialled TO follow the recommendati ms of the
| former committee and became more negli-
gent in administering their duties they
should not find fault with the proper author
tiles for having the law strictly complied
| with.
The prosecuting attorney has done all in
MS power t0 advise them and try TO keep
| Them within the law. But from the report,
vouchers and evidence before this commit
| tee 1t seems that his advice has fallen on deaf
| ears,
| Section f9l7 of the General Code provides
that the prosecuting attorney shall be the le-
gal adviser OF the couutv commissioners;
| Chat the said commissioners may, upon the
written request of the prosecuting attorney,
employ legal counsel 10 assist in the prose-
SuIlon or defense of any suit or action
Drought by or against the county commits
sloners or other county officers and boards
| In their official capacity.
And the attorney general of the State of
Ohlo mas held that wnen a prosecuting attor-
ney enJoins board of commissioners fIom
paying an illegal bill or entering into an IL
legal contract, the SAID board is without au.
thorlty to employ attorneys to defend its H.
legal acts. We find that the prosecuting at
Corney mas brought tDj unctions proceedings
against the county commissioners O prevent
the allowance and payment of certain ille-
gal bills, and invariably the county commits
sioners have employed legal counsel at the
expense OF the county to defend their own
illegal acts. This we think should not be
tolerated. The committee is of the opinion
That each contractor should know Lis legal
rights and when he assists the commission.
ers to do an illegal act he, the contractor
should make his own defense at his own ex-
pense. Any money paid out for legal coun-
sci by the county commissioners, other than
on the advice of the prosecuting attorney
should be recovered, because the payment
is contrary to law, and we rccomm end that
this practice be discontinued.
Section 24O6 Ofthe General Code provides
that the clerk shall keep full recorn of the
proceedings of the board OF county commits
sloners and general index thereof in suit
able book provided for that purpose, enter.
ing each motion with the name Of the person
making 1t on record. He shall call and re-
cord the yeas and nays on each motion which
involves the levying oftaxes or the appropri-
alton or payment of money. He shall state
fully and clearly in the record OF any ques-
ton relating TO the powers and duties OF the
board which is raised for its consid Grafton by
any person having au interest therein, to-
sether with decisions thereon. And shall
call and record the yeas and nays by which
decision y as made, etc. Your committee
thinks Section 2406 OF the General Code has
been grossly neglected. pretended index
was kept. but not such as is contem plated by
said section 2406, G. c. The roll call was us
ually omitted and the record was not such
as is contemplated by Section 2406. q. G. The |
minutes do not disclose the objection of the
county surveyor TO the allowance of the |
claim of the Ohio Marble Company for extra
material sll0l36. This claim, voucher 4495,
was filed with the county auditor for allow
ance on January 30, 1911, approved by the
county commissioners Feb. 4, 1911, and paid |
on warrant 1888 @ on February II, 1911. he
record does not SHOW that said extra ma
terlal was needed on the Vankey road. The |
engineer refused to 90 K" the claim for ex- |
ira material and the inspector on said Van
onl" record this committee can find is on |
page 1885, vol. 30 Of commissioners record and |
Is only for the allowance of the claim |
Sll0l.36. This committee is of the opinion |
that this was paid without investigation and |
without authority of law, and we think the |
prosecuting attorney should m AXE further |
investigation in an effort to recover this |
money and have the same credited to the |
proper fund.
Section 2AO7, General Code, provides that |
Immediately upon the opening of each days |
session Of the board the record of the pro- |
ceedings of the previous day shall be read |
by the clerk, and IL correct, approved and |
signed by the commissioners, etc. The com.
mittee finds the minutes as shown bv the |
records were rarely, II ever, read, and were |
not isgned and approved as required by Sec
ton N07, Il. G. The committee finds that all |
members of the board present were not in |
formed as to the contents of the minutes; |
that contracts were entered on the minutes |
and made to appear that all the members |
acquiesced in making of said contracts, when |
In fact one member OF the board was not in |
formed OF the transactions. Contracts were |
voted on in lump OF form, one to twenty at |
a time, and the roll was not called Ior rec
ord and vote on the contracts except in lots |
We think the law contemplates that each |
contract should be voted on separately by |
yea and nay vote, and the vote OF each MEM |
ber present should be recorded, otherwise |
Section 2406, G. G., has not been complied |
with. Section 24l5 General Code. provides |
that the commissioners may delegate au.
thority to the county auditor 10 make certain |
repairs on public buildings not to exceed $50. |
The committee can md no law TO delegate !
like authority to any other person. Your |
committee finds that this authority was del |
egated to the janitors OF the court house. |
And vouchers for S4S and SS5 respectively |
were presented, allowed and paid, and evi.
dence shows that the county did not receive |
value received for these vouchers. II being |
the duty of the commissioners to look after |
the repairs on public buildings. ETC., the |
committee think there is no excuse for pre- |
senting such false vouchers to be approved |
and paid. And the parties receiving the |
money on said vouchers well knew them to |
be false. The money SO paid on said false |
and fraudulent vouchers should be reeov- |
cred and returned to the county treasury,
and the criminal law should be rigidly APP
piled in these instances. Your COM
mittee finds that one r, NJ. Stocker present
ed bills to the county commissioners for Ia
Dor and material furnished about the court
house and Jail amounting to $2S 90 and the
same was allowed and paid for out of the
county treasury, and 1t Is fact that the la.
Dor performed was worth not to exceed
S74T5 and that no material was furnished by
said Stocker. There was no excuse for the
commissioners allowing these bills as pre-
sented. And said commissioners should
have known that these bills were false, be-
cause they had no authority to delegate any
one to employ this labor and furnish ma
terlal Your committee thinks this practice
was carried on in painting and repairs and
furnishing material, etc. And the facts are
should give the same his further attention
And If not criminal acts, we think an action
| should be brought to recover the amount
Oyerpaid. These matters should have the
| personal attention OF the commissioners and
not allowed on the mere approval of an en-
ploye.
Your committee lis of the opinion that great
| extraVagance has been practiced by the
| county commissioners in buying sewer pipe,
| and recommend that the same be further in
| vestigated, this committee not having proper
| power to investigate the same, as 1t SHOULD
| be done. John Lewis, who furnished large
| part OF this cast iron sewer pipe, was before
| the committee and could not, or would not
| Furnish any information to the committee
1 as to his transaction with the commission.
| ers. Your committee finds that 1t has been
| the practice OF the commissioners to make
| parties, we'll knowing at the time that said
| nnarties did not intend to furnish any labor