The Medina sentinel. [volume] (Medina, Ohio) 1888-1961, 1915-10-08
ASKS BIG FEE FOR
TREASURERSR|P

lne decision 10 De rendered III Cne
case of S. e. Forney VS.. Jacob Nolt,
Silas Weidman and VIM. H. Owen, as
the Board Of Trustees of Homer town
ship, in an action to recover a 2 per
cent fee alleged to be legally due the
plaintiff in the disbursement of cer-
tain sum of money, will be an i'm
portant one, as the circumstances in
this particular case are peculiar and
seemingly confusing.
The facts, upon which all parties to
the suit are agreed, are substantially
as follows:
On the fourth day Of November,
1914, by majority vote of electors,
there was created the Homer Township
Road District, under authority of Sec.
1888 -7052 G. G. of Ohio. The boundar-
les of this road district were the same
as those of Homer township. There
after bonds of this new road district
were sold. The money so raised was
turned over to s. E. Forney, treasurer
Of Homer township. During the year
1914 Treasurer, Forney, on the order
of the township trustees, disbursed
$892.50 of Homer Township funds and
$19,843.73 Of Homer Township Road
District funds, or total disbursement
of 500, O,736.23.
This suit is brought by plaintiff to
recover fee of 2 per cent. on this
total disbursement. Defendants adj
nit that plaintiff is entitled to his
| per cent. compensation on the $892.50
of the township funds, as evidenced by
an offer to confess judgment to that
amount, but claim that plaintiff is moi
entitled under the law to any compen-
sation for the disbursement of the
road district funds.
Attorneys for the defense claim thai
the very section Of the General Code
by authority of which the Homer Towr
lship Road District was created clearly
implies that there is to be no compen
sation for disbursement Of road distric
money. What is claimed as signif
cant with this respect by defendant
counsel is that the words, Township
Treasurer" no where is to be found il
the section quoted. No reference i
lmade to that officer. A second prop
POSITION Of defendants counsel is, that
Ieven assuming the township treasure
to be the intended custodian Of tn
road district funds, even then there i
absolutely no provision in the sub-di
vision itself for his compensation.
| The law makes plain that "the treas
urer shall be allowed and may retail
as his fees for receiving, safe-keepin,
and paying out moneys belonging Il
the township treasury 2 per cent Of al
moneys paid out by him upon the or
der Of the township trustees" but tn
contention is that the $19,S43.73 o
Homer Township Road District fund
is not money belonging to the town
ship treasury"
A confusing aspect of the case |
that the boundaries Of the Home
township road district have been mad
co-incident with the boundaries 0
Homer township, whereas, in mos
cases the road district is much smalle
in scope than the one under question.
| To the final argument for the de
| Tense is applied the common sens
| view of economy. In Medina count
there are seven townships, organize
| into road districts and these seve
townships have a bonded indebtedness
on the road districts alone of approx
imately 1921 900. A. 2 per cent. CON
pensation on that sum would be Sc
420, to be distributed into the pocket
of but seven men. The services rer
dered in return for such compensatio
would be in no way commensurate
the amount Of fees claimed. Their
are seldom any small bills to be take
care of. Afew large checks drawn
favor of the surveyor, the contractO
and the material men are generally a
that is required, and the treasurer doe
no more than sign his name to thes,
It is stated that in the present cas-
plaintiffs labors consisted wholly
signing his name to less than thirt
checks, for which he asks 2 per cen
on $40, 843.73.
I .,.s.vs -. -