The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1917-04-03
SPECIAL COMMISS GIVES
FINDINGS TO JUDGE HSREEG
IN SHERiEF'S SUIT
Claims OF State And OIstr'cts ro'
Lsrse Suns IN w sen q SepoT
Sheriff Not Entitled To Retain Inter
est On Public Funds-CieHans
Received Sto.2Tl This Way


the county Of Ohio the sum 81 -,
79S30 with ;nteres, 10 date. Special
commissioner VI. J. Culliuan reported
to Judge II. {. Fetver yesterday. the
fnte-es; for the period covered by IN"
commissioner report. II is eS;lmateu:
will approximate 81 ,60A This w!ii
will make tho total findings against
Mr.. Clemans to this time $S.'2H.@"
This finding is made in the suit OF
the Board o. Commissioners ~ m"
County OF Ohio IS. VIM. u. C,euAnS
and Citizens Trust ard GuaclH'E co.
The defendant corporation = H"ane'
man for the former sheriff. COMMIT =
sioner Cullinau has not yet lied nlS
report in the Suit against eE-Sherltt
.. H. Taylor.
With the exception a few minor
changes made By the condition OF the
records, Commissioner CulIlnan re-.
port upholdS the findings OF Deputy
State Tax Commissioner Jake Otto,
upon whose audits the county con'niS-
sioners instructed Prosecuting Atfor-
new D. \. Mckee ~ institute SUITS
Rsa;nst Mr. CtsmauS and lr. L. H..
Taylor. former SherlftS. Nj; ottp was
9he states chief witness in both hear
3nss before the commissioner.
Small Credits Allowed
Mr.. Clenans Is allowed credits
amounting 70 but S1o0-1S. One OF
these is an item o. SS.lS COMMISSIONS
on tax sales in 1901. The nther. IS
m item o. 500 for empannelinS juries.
Under q finding OF the specia. com
missioner that the sheriff IS not en-,
titled TO retain any interest received
by him on public funds. it Is believed
that the sum of s6.6S6.41 will have 70
be paid By Mr.. Clemans to the state or
West Virginia and the various ulS-
tricts OF Ohio county in addition 10
the sum he is held to owe the county.
The above sum represents the utter
ence between the amount OF such III,
1erest collected by Mr.. tlemanS ana
the amount he is held 10 owe the
county.
There is also said 20 exist an agree
ment tina, Nj. rleinans will settle
county and district claims not lnciuG-
ed in this sun on the basis OF the
findings in this case.
WHIT the Findings Are.
In holding Mr. El"!"Hn~ liable '"r Az
item of SGe%.S' r":'i"!>$,"n% "t ms ,
laueous receirts allowed IA .>i". and an
Item t.: s>nI COM! iS:.:"3 ~ IAN 10y" 10y.
<aitu-cs, r'or.,,.is>i"iaar ''"ItiE7n Actd
. that ;he c",nnsns:,:i''n - & S:i"E!i:
derived SG.,!ir. f:":;; ~ia'Nt'. ih''''. ~
Ing no iaw allowing SUrh "uRlHNiHS'"n>'
- ;nu,6 - - ,,Iri,rtir' an lii:sS ciaiTi.
Credits Were Allowed ,,..
credits allowed Mr.. Nisma:!s. t"ta!t':H
sfoniS rr+ .i.uSs shown ~ witnesses
for the piairriii :" hay" h"':' d. ~
: Sp.riT ,:iora:< u;:scr":;,i.vi IL a.
counting f"r ;aNr> ani ia..r.'~; on taAsS
and dtscr, pan.t.s III jail bills We mere
- income was s7a,a77.s2.
Tho re.r-t ~ 'he commissioner shows
that the tncnu..' q! NJ. Ht'rnanN ':rfi ~
sources during lis "'''l-' ;rrUt IA ~, -.
Counry. was S.23r:.s2. Fifteen per cen
or this amonn; is S!!.""|."t. Sht ri't
clemaas' payments n'a'!H jnG"r .n ,n ., "
ner.ceu; -.t;'"d Inu aggregated SS."t-; =!
ia.,.irr . balance uf $".7"!.i" d." This
count c-oy, This .s"urc". III" report
An Item II So for j::r.. eos awlr'"L
the county is mad" "r @; TWO a'''" ,'inr;;
John L. K!nSh"ya and ""t ac'"'''!'"' '"'
''s eeceipts Of interest.
O,iricr ,t- tl"!fHans' "r'I'' f'F''! = ;
>ber;f ,h~ commissioner ..r"anr,s,. +"
received a. interest OH n'ini'' 'nh"H
deposited n hanks - rs i';,r'" az
p, sheriff OF Obi" county n" assreEa'" H""'
y an, Of ~. or,.n!a!r." Sa"S ~" ro'.:-
- missioner. that thu sheriff Is not en-
, titled t. retain Any interest E?c":E:'
By him on puh!i" moneys d'H"Si,"a III
. hank Tic r"por; citeS scT"-a! "HiA"r :
H.
sion in rn.' cas-. ~ City % N!!eHIHS
VS. Bleck in which: he city sued Treas
a. urer Black co.: interest on c''y '''"i'''
{, dc deposited III ham, by IN" tr"aSue"F'
In This ac.ion. s;!i: ~as pr"uGn; -
~ rScover fo- .hr counts. tho nntire nTG';as
o: interest received hv Sheriff cieE1ahs,
the sheriff having kept htit on" account
with tho banks in which account VIZ
. recorded ,rnr.y Of ;hc state. county
. and various districts ~ ;hH county. On
" this question Mr.. ,'iitirnn says:
IT do no; ,hinie that n" county can
recover. IN this action. any NJ the n
. terest witch vas r""":y"G h% In" ShsFI't
from balances N the bank az state or
= district funds hr'. thai L is entitled 10
> recover al! -: -" interest received h"'
the sheriff frori county funds. Tii>
commissioner d"t'%mined the approx :
mate monthly balances held hE- tA'
sheriff - tn. credit % the count" tua'i
and The nuinUr. Of S%..SS.S; Is .tliH IN
tcress on thos" fands v%l"il nc holds
IS due tho county.
While IN. count did 10. 50. ludS-
meni Tor III. 4ntir:. an,o;ut ~ interest
received By the sheriff from banks. &C
cordus 70 Inc finding "f ;i:" commits
sioner. tho ir-arrS: on tho state money
: aud the money OF he "ar!ouS school
. districts 81 tho COUNTY wnuid he due
those funds. III" report seems I" ind'-
- cate.
On an i:em Of S"23.S& for commissions
on miscellaneous m0u.ES. which was III
lowed NJ. t'.-,nans hr III" county corn
raiSsioners in 1910. Mr.. tul!ina!. holds
1T seems to b. settled in this state
that when allowances or payments arc
made to county officers b. ;nt board Of
commissioners IN ignorance Or mistake
OF he law. swch allowances nay oe re-
covered back by silt against such OF
ficers.'
Regarding claim OF s2+.5o held &c
be due the dog fund. the commissioner
shows discrepancies slcn as .wern 70
ported in tho suit. h1t SAYS that IN has
opinion no sheriff reported and account
ed for the fail amount Of collections
and docs no: hold an? discrepancies
against Mr.. C:iemaus or that point.
Onset Claims DtsaNowed.
Six cla aims 10Y Offsets. amounting -
s12,S3e.s3 wore made by Sheriff rleman ms
none OF which. IN th' opinion OF II"
commissioner should h" allowed. The
first OF these claims was FOR 80. 152. IS
claimed to be due Mr.. C!cmnns Tor keep
ing prisoners. During par: Of his
term the board OF commissioners ALLOW
ed as cents day. After the court held
that the criminal court had authority
to Ak the rate FOR keeping prisoners al
: so cents day. co'apr"niSe was "t'
fected between the hoard OF commits
sioners and Mr.. Clrnans. ader this
gS;y7 = .h sz:.G