The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1921-09-30
MANDATORY ACTION
INSTITUTED BY BANK
AGAINST TREASURER

GREENVILLE, o., Sept. 30.-The
First National bank at Arcanum, O.,
through its attorneys, has instituted
mandatory Injunction proceedings in
common pleas court against Daniel
F. Brown, treasurer, from issuing his
checks for any portion of 100000
which 1t has on deposit in the inactive
fund for road improvement authorized
by the county commissioners, and the
withdrawal of funds from the inactive
fund for that purpose.
The attorneys for the bank ask that
after the case has been heard that
the injunction be ma de perpetual by
the court.
The petition charges that on March
Is, 1921, the board of county commits
sioners Of Darke county, O., sold the
inter-county highway road bond draw
ing six per cent interest for $42S,0o
TO the five banks at Greenville, o.,
and that on the same date the board
Of commissioners of Darke county
passed and adopted a resolution deS-
ignaung that the fund arising from
sale of bonds be kept separately as a
distinct fund and to be used and
drawn on for no other purpose than
the expense and cost of Improvements
of inter-county highway Number 20S,
etc
Commissioners Exceed Authority
The petition states that the board
Of county commissioners in passing
said resolution had no authority to
place said fund as an active fund in
the five banks OF Greenville, to be
paid out as indicated in the resolu-
hat he aYd oP nv
commissioners exceeded their author
ity in doing SO and that the same
was contrary to law; that the resolu.
ton was made after verbal agree
ment and understanding had been
made between the county commission.
ers and the five Greenville banks, and
was done contrary to law
The plaintiff asks that the active
fund of the county which is drawing
two per cent first be exhausted be
fore the inactive funds are drawn on
County Treasurer Brown stated that
the new board of county commission
ers passed a resolution on Sept. %
directing the county treasurer tC
draw the funds from the inactive
fund instead of the active funds. The
resolution was adopted by the county
commissioners and approved by tbs
prosecuting attorney.
Auto Hits Tree.
A message was received in Green
vile that an automobile accident oc
Cured on the road between Unior
City and Richmond in which one mar
had three ribs broken and two womer
were bruised and scratched on the
arms and body.
Two men, one giving his name a!
Ivan Cole, and another by the name o.
Jobes drove into Union City yester
day. They picked up two women a
the state line town and started foI
Richmond. 1t is said the machine lef
the road and struck a tree. Cole haC
three ribs broken and the two womel
were scratched about the arms anC
body. Jobes was unhurt. The ma
chine is a wreck.
Arrests Follow Robbery.
Two more arrests have been made
in connection whit the robbery at thu
Mong Clothing company, at Bradford
Saturday night, and as a result tw'
prisoners are in the Miami count.
Jail under $1,000 bond each to avail
the action of the Miami county grant
jury, for destroying portion OF tn
stolen goods.
Detective Bruce Reed and Marsha
Joe Wombold of Bradford arreSte
Dewey Wombold, engineer at the we
terworks and electric plant, and Wi
bur Wise, on charge of burning u
portion of the goods stolen whicl
had been secreted at the waterwork
plant. Wombold gave as a reason 10
destroying the goods, in which Wis
was implicated, that he did not wis
70 be suspected of being implicated l
the robbery. Detective Bruce Rec
found concealed in a shed in his HON
about SIS worth of the goods stole
from the store.
HiegeI Loses Car.
A seven-passenger automobile b.
longing to w. P Hiegel, elevator ma
of Dawn, was stolen from the garag
of Mr. Hiegel Wednesday night
Common PIeas-New Cases.
The First National bank of Arcal
UNI, O., VS. Daniel II. Brown, treasu
er of Darke county, o. Injunction an
equitable relief. Harvey Dershem ar
Martin 3. Trainor, attorneys for plail
tiff.
Guy Devilbliss VS.. Eva Devilblis
Divorce, Mannix, Crawford and Bill
ingsley attorneys for plaintiff.
Probate Court.
Ella NJ Townsend, administrative
Grace Post, deceased. filed petition
fix and determine inheritance tax.
Evelyn Gillespie, Administrative