The Medina sentinel. [volume] (Medina, Ohio) 1888-1961, 1915-01-15
MatrOn Job Still
Hangs In Balance

interest or wider comment than the
article which appeared last week in
regard to the Withholding Of the ap-
pointment as jail matron Of Mrs. R.
L. Gehman, wife of Sheriff Gehman.
AS was stated in our last issue it
has been the custom everywhere for
years for the wife of the sheriff to as
sumo the duties as matron. In ac-
cordance with custom Sheriff Gehman
appeared before Probate Judge Ken
nan, who has the power of appoint
ment, and recommended Mrs. Gehman
as matron. This Judge Kennan re-
fused to do, giving as his opinion that
no vacancy exists by reason of Mrs.
Young having passed civil service
examination, which, according to the
Judge would prevent Mrs. Young from
being removed without cause.
Legal advice was Immediately
sought from Prosecutor Underwood.
The latter found that the statutes
were somewhat vague regarding the
question and therefore asked an opin-
ion from the Attorney General and
the State Civil Service commission.
The former in replying shifted the
ruling to the shoulders of his success
sor in office. The commission, how
ever, mailed the following opinion to
Prosecutor Underwood, which is re-
produced verbatim:
whenever the interests of the
public service seem to demand
that some member Of the sher-
ifs family be matron of the coun-
ty Jail, those interests should con-
troll, and since under such cir
cumstances it is entirely i'm
practicable to determine merit
and fitness, by competitive ex-
animation, those positions will
be regarded as in the unclassi-
fled service.
"When such conditions do not
exist, and where selection, there
fore, will be made from the pub
lie at large, it will be entirely
practicable to fill those positions
from eligible lists resulting from
competitive examinations, and
under such circumstances the po-
sitions VIA be regasdedsas IN the, d
classified service.
"The State Commission will be
governed largely by the opinion Of
the Probate Judge as to what
the best interests of the public
services demand in the various
counties of the State"
Wednesday morning the prosecutor
appeared before Judge Kennan, ac-
companied by Sheriff Gehman, and
presented the above letter, expecting
that Mrs. Gehman would be promptly
appointed. But such was not the case.
The Judge held that he could see
nothing that would indicate that a
vacancy existed and refused to make
any move in the matter until an opin-
ion had been rendered by the Attorn-
ey General. That we may not be mis-
understood as questioning the atti-
tude of Judge Kennan, we will state
that we believe him to be actuated by
strictly impartial motives. It is right
! that he should be so. To rule without
fear or favor.
1t is probable that many Of our
readers may not be conversant with
the law touching this matter and for
that reason we will submit few
propositions. There is a well-known
principle that no statute shall be re-
troactive. That is, a law shall not be
enacted to provide punishment for a
crime that has been committed for
which there was no penalty attached
at the time the offense was committed.
Of course, in the case under discus
sion, we are not dealing with crime,
but we merely cite the principle, as
such, as applying to the case of ma
tron. Now, up to the time of Mrs.
Young's having taken the civil service
examination, some time during the
fall of 1914, she was holding the pos
ition of matron in the old-time way.
Without the civil service she would
have retired from the Office at the
same time as her husband from the
Office Of sheriff, and would have done
so without question.
Taking a civil service examination
does not carry with it appointment to
Office. It merely places the one who
has successfully passed the examina-
ton upon the list of those eligible to
appointment. Then if we reason
correctly, Mrs. Young, in order tc
hold her position, would have had to
receive an appointment under the civil
service regulations, and at the hands
Of the Probate Judge, with whom the
power to appoint rests.
There is no record of any such ap'
pointment having been made.