The journal. (Caldwell, Ohio) 1934-1961, 1947-02-06

Columbus, Feb. 5-(Ohio Press)
The Ohio Public Welfare Depart
ment is administering aid to the
blind and dependent children in
Noble county pending court deci-
sion in the dispute between the
county welfare department and the
county commissioners.
Action in either the Noble county
or Franklin county courts seemed
to be the only recourse in the dis
pute which forced the state depart
ment Of public welfare to take over
the administration Of payments to
the blind and dependent children
for the first time in history.
However, Col. c. C. L. Yerick of
the attorney generals staff indi-
Gated that another conference be-
tween state officials and the county
officials would be held some time
this week to attempt to settle this
matter out of court.
Henry ]. Robinson, chief of the
division of social administration said
that he and Charles L. Sherwood,
state welfare director, signed the
order to take over the county ad-
ministration with a great deal of
reluctance" and only after several
conferences had failed to settle the
matter.
The main reason for the order,
Judge Robson asserted, was to al
Ieviate the hardship on the blind
and on the mothers of dependent
children in Noble county who had
not been given their checks for the
month of January. Receiving aid in
Noble county are eight blind per-
sons and 40 children in "A homes
where the father is either deceased
or unable to earn living.
Rather than work a hardship on
these needy people," Judge Robi-
son said, ''the state stepped in,"
adding that it was not financial
reasons that brought up the dispute
since the state contributes all of
the funds going to blind persons and
95 percent of the money going to
dependent children.
Unless the rift is amicably settled
by a conference this week, here are
the possible courses of action ac-
cording to Col. Yerick:
l. The Noble county board of
county commissioners could bring
an action in the Noble county Com
mon Pleas court to test the validity
of the presently constituted Noble
county welfare department.
2. The state department of public
welfare could make an application
through the Attorney General of
Ohio, for a declaratory judgment
This action would probably be
brought in the Franklin county
courts.
3. The Noble county welfare de-
partment could seek mandamus
in the Noble county Common Pleas
county to force the county auditor
to recognize checks drawn by its
director.
All of the actions hinged on
whether the Noble county welfare
tuted Col. Yerick pointed out sew
eral defects, included the fact that
the administrator was not bonded,
In the county welfare setup.
The Noble county welfare depart
ment was established less than a
year ago, on March /, 1916, by the
county commissioners. This depart
ment has been recognized by the
state department.
Late last year the board of coun-
ty commissioners adopted a resolu-
tion declaring that the department
was illegally constituted and there
fore did not exist.
Judge Robson said that the COM
missioners have refused to ask the
common pleas court of Noble coun-
ty for a declaratory judgment to es-
tablish the validity of their position.
Furthermore, the Attorney Cen
eral of Ohio in an opinion released
Dec. II, 1943, has declared that the
county commissioners are without
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