Geauga record. [volume] (Chardon, Geauga County, Ohio) 1952-1962, 1956-03-08
Prosecutor
Rules on
Legal Articles

IIoStCuUOT JAMES D1lSIIlOT6
in an opinion released this week
to County Auditor Wilma Kronk
regarding the publishing of aud
itor'S annual reports stated that
only the Geauga Record, pub
lished and printed in Chardon,
is legally qualified to print the
report.
The Geauga Record was fav-
ored over The Geauga News
(both published by Geauga Pub
liShers) because the Recrod is
nominally a Republican news
paper where the News is class
flied as independent. He
pointed out that by law the pol
itically pledged newspaper had
to be given preference.
In his opinion he pointed out
that the law requires county le-
gal notices to be published in
newspaper at least a portion
OF which is printed in the county
He pointed out that the Geauga
Times Leader, which is entered
at the postoffice at Burton, is
actually printed in PaineSville
IN Lake county. Consequently
according to his ruling, it ap-
pears the Times Leader is not
qualified to print any county le-
gals
Mr. Dtnsmore opinion cover
ed only county legals not those
of municipalities, school dis
tricts Or townships.
The Geauga News fulfills all
the qualifications outlined by the
prosecutor as a legal newspaper
when political affiliation is not
required.
Mr.. Dinsmore's opinion, COM
plete, is as follows:
TO THE AUDITOR OF GEAU-
GA COUNTY:
You have posed a question
with our office as to the appli-
cation of Section 1910 as it
pertains to newspapers within
Geauga County qualified to pub
lish the advertisement required
in that section.
The section referred to pro-
vides that the annual report
shall be published in two news
papers of opposite political af-
filiation if there are such pub
Lshed in the county, but if not,
then publication in one news
paper only is required.
The section goes on to pro-
vide that if the newspapers
have no political affiliation, the
publication of the advertisement
shall be in two newspapers hav-
ing the largest circulation.
1t is further provided that
Political newspapers shall ha
have precedence over non par
tisan papers,
The intent of the statute
appears quite clear that if
there if only one newspaper of
political party affiliation pub
lished and of general circula-
tion in he county, then the an
nual report must be published
in that paper only. This is fur
ther borne out by 1912 DAG So
76:
If only one newspaper af-
filiated with either of political
parties casting largest and Sec
ond largest vote respectively
in state at last general election
is published and of general cir
culatlon in county having no city
with population of eight thou
sand, publication of county aud
itor'S report need be made only
one time in such newspaper. "
THE remainder aspect of you
question then has to do with
the qualification of the newSpa-
pers available in Geauga Coun-
ty.
Section 319.1O qualities a news
paper as one that shall be pub
liShed in and of general circu-
lation in the county,, and "of
the political party casting the
largest vote in state - at the
last general election.
r. C. Section 7.12 requires,
among other things, that when
ever there is statutory require
ment for publication in a news
paper published or printed and
of general circulation in sub
division, at least one side there
of must be actually printed there
in; and that where the statutory
requirement calls merely for
newspaper of general circulation
in a subdivision the subdivision
must still use a newspaper at
least one side of which is act
ually printed therein, unless
there is no such newspaper, and
in the latter event, then any news
paper of general circulation in
fact in the subdivision.
The newspapers issued in Ge-
auga County and entered as sec
ond class mail in the post office
therein are: Geauga Record,
published and printed ana mall
ed in Chardon Village, Geauga
News, published and mailed in
Burton Village and printed in
Chardon Village, and the Ge-
auga Times Leader, published
and mailed in Burton Village
and printed in Painesville, Lake
County, Ohio.
Although it is strictly a ques-
ton of fact, it appears that the
Geauga Record has for num-
ber of years in the pasat been
identified with te Republican
political party. Again, as a mat
ter of fact, it is claimed by the
editor of the Geauga News that
newspapers that has no party
affiliation.
It follows from the foregoing