Richmond Palladium (Daily), Volume 92, Number 48, 25 February 1922 — Page 14

PAGE SIXTEEN

CERTIFY KOCH AS DISTRICT SUPERINTENDENT

OF PREBLE SCHOOLS; NOT TO PAY SCHIESER

THE RICHMOND PALLADIUM AND SUN-TELEGRAM, RICHMOND, IND., SATURDAY, FEB. 25, 1922.

. EAT OX, Ohio, Feb. 25. Certification of Reuben Koch as district superintendent of Preble county Bchools and permanent injuntion against payment of the salary of L. F. Schieser, as assistant county school superintendent, are ordered in in legal opinion handed down by Judge Teegarden, ot Greenville, in a suit brought against the county board of education to compel retention of Koch and to enjoin Schieser's pay. Koch held a contract lor another year. County -wide interest centered in the outcome of tho rase. Judge Teegawlen's opinion was received here Friday at the office of Clerk of Courts Rookstool. -Judsre Teedgarden held the new Kohool code did not go into effect untl Augut 16, 1921, and the action of the

county school board electing an assis

tant county school superintendent

prior to that date was without author

ity of law, and therefore void. The

board failed to do its duty when it

did not certify the district superintendents and their sadaries under thu

law as it stood and was in force prior

to Aug 16, 1921. Koch's Election Legal. Koch's election in 1920 for two years

was legal and constituted a valid con

tract which the legislature has no power to impair, the opinion declares. Tho certification to the auditor and the nuditor's apportionment of funds for payment of Koch's salary is ordered. The action against the county board of education was brought by the

boards of education of the school dis

tricts of Gasper. Washington. Twin and Harrison townships and the villages of Verona, West Elkton, West

Manchester, and Eldorado to enjoin

apportionment of funds of the districts for the purpose of paying the

salary of the assistant county superin

tendent. Retained Two Yean.

At the time of Koch's employment

as district superintendent he was retained for two years, at a salary of J3.000 a year, but the new school code abolished the post and created that of assistant county school superintendent. Koch had a year yet to serve. It is said he has continued to perform the duties of district superintendent in districts that are favorable to him. Schieser's salary was fixed at $2,500 a year at the time he was employed or elected assistant county school superintendent. A temporary injunction granted at the time of the filing of the suit against the county board has prevented Schieser drawing any salary the last six months, or since he took up the assistant superintendent's duties. Following is the decision given by Judge Teegarden: Effective Aug. 16, 1921 "The act of the legislature passed April 29, 1921, and filed in the office of the secretary of state May 17, 1P21 (109 O. L. 242) did not go into effect until Aug. 16. 1921. See Constitution, Art. 11, Sec. lc. - - - j . "The action of the county board of education had prior to the 16th day1 of August, 1921, elected an assistant county superintendent and in certifying his election and compensation to the county auditor was without authority of law, and therefore void. " "The temporary, Injunction heretofore allowed enjoining the county au-J ditor from distributing the funds of the board of education of Gasperj township, Washington township. Twin township and Harrison township rural school districts, and the boards of education of Verona, West Elkton, West Manchester and Eldorado village school districts for the purpose of paying the salary of an assistant county superintendent is made permanent, and an order to that effect may be 'Mered. And said county board of education is permanently enjoined from issuing a warrant to said L. F.

Schieser payable out of any funds dis-J

tnbuted from the fund3 of said dis-1 trict. No Certification Made "At the time at which the county board of education should have certified to the county auditor the district superintendents and their salaries under the provisions of the law as it stood and was in force prior to Aug. 16, 1921, the county board of education

failed to make such certificate, and the court finds that the county auditor failed to make the apportionment of the district funds for the purpose of payment of the district superintendents' salaries In the district, and in so falling they failed to do their duty under the law under which they were at that time authorized to act. "It is agreed by the parties, that the election of Reuben Koch as district superintendent in 190 .for two years by the plaintiff boards was not his first election by the boards; his election, therefore, for two years was legal and his employment constituted a valid contract which the legislature has no power to impair because of the provisions of Art. II,- Section 28 of the constitution, and it is the duty of the county board of education to certify him as district superintendent to the county auditor, together with his salary under the contract, and it is the duty of the county auditor to make the apportionment as required by law from the funds of the district, and other sources, as the law provided, at the time the duty should have been performed and this, notwithstanding the law which confers this authority and duty has subse

quently been replaced .by the subse

quent law providing for county superintendents. "A mandatory order may, therefore, be entered requiring the county board of education to bo certify to the auditor, and the auditor to so apportion the funds for the payment of the salary of Reuben Koch, the district superintendent."

Called by Death

GEORGE BARNHART NEW MADISON, Ohio, Feb. 25. The funeral of George Barnhart, 85 years old, was held at Zlon church Thursday. ADAM WORCH NEW MADISON, Ohio, Feb. 25. The funeral of Adam Worch. farmer, 72 years old, was held at the U. B. Church Friday afternoon. Sermon was by Rev. Pantle of Ithaca. Mr. Worch died of heart disease. He leaves a widow, and three children, all married. MRS. PHEBE BALDWIN WINCHESTER, Ind., Feb. 25. Mrs. Phebe Bales Baldwin, 90 years old, is dead at the home of her son, Jesse Baldwin, three miles west of Farmland, of senility. She is the widow of Jesse Baldwin, and is survived by four sons. , CHARLES IMMEL LIBERTY, Ind., Feb. 25. Word has been received here of the death of Charles Immel, 60 years old, at his home in Santa Clara, Calif. Mr. Immel suffered a stroke of paralysis about a year ago, and this led to a heart attack that proved fatal. Mr. Immel spent most of his life near Brownsville, but several years ago moved to California. He is survived by his widow and two sons, Leo and Russell, of that place; also by two sisters, Mrs. Walter Snyder and Mrs. Charles Stevens of the Clifton neighberhood. Burial was made In California. MRS. NELLIE PILLIOD GREENVILLE, Ohio, Feb. 25. Funeral services for Mrs. Nellie Pllliod, 44 years old, who died here Thurs-i

Destroy the Rat

Deny them food and hiding places. They are one of the great enemies of mankind. They carry pestilence and death wherever they go. They breed so rapidly that a single pair, if death does not interfere with them or their offspring, at the end of three years will be the ancestors of more than 350,000,000 rats. The destruction caused by these pests amounts to more than the gross earnings of 200,000 men. The world has been fighting rats for centuries in a disorganized way. At the same time it has been feeding them and providing them with places of concealment. Fight this enemy of man scientifically. If you don't know how to do this, send the coupon below to our Washington Information Bureau. You will be sent the free Government publication on rats and mice. There is no charge except two cents in stamps to pay the postage on the booklet.

Be sure to write your name and address clearly on the lines of the coupon. CDo not send the coupon to The Palladium. Mail It direct to Washington. D. C.) Frederic J. Haskin, Director, , ' The Richmond Palladium I Information Bureau, I Washington, D. C. , C ; I enclose herewith two cents ; in stamps for return postage on ; a free copy of the Rat Booklet.

SHIPMENTS OF OHIO LIVE STOCK DURING JANUARY WAS 44,041 GREENVILLE, Ohio, Feb. 25. Reports of activities for 41 county wide livestock shipping associations in Ohio, of the 51 that have been organized, reveal, as totaled by F. G. Ketner, director of grain and livestock marketing of the Ohio Farm Bureau federa tion, that during January, 5,104 shippers took advantage of the co-operative associations to send to market 582 floors containing 44,011 animals. In this lot were 29,078 hogs; .2,0Cl cattle, 2,518 calves and 10.384 sheep. The stock weighed 9,262,082 pounds, and netted the shippers, after all expenses including insurance were pakt, $712,910.08. The average cost of shipping, including all handling charges, freight, insurance etc., was 67 cents a

.jiuuuicu puuuus. .aevetana receiver most of the shipments. Other termi

nals usea were Pittsburg, Cincinnati, Toledo, Buffalo and Portsmouth. Forty-one counties reported. In Darke county there were 25c shippers who sent out 796 hogs, 10 cattle, 96 calves and 75 sheep, weizh ing a total of 459.710 pounds and netting the shippers $38,465.60. The cost of shipping was 73 cents per hundred.

Name . Street City . State

day, were to have been held at 8:30 o'clock Saturday morning at the St.

i Mary's Catholic church.

EDWIN J. MANNIX GREENVILLE,- Ohio, Feb. 25. Funeral services for Edwin J. Mannix, 48 years old, who died Thursday, will be held at 8:30 o'clock Monday morning at the St. Mary's Catholic church. Interment will be in the Greenville cemetery.

JAMES EDWARD JAMES GREENVILLE, Ohio, Feb. 25. Funeral services for James Edward James, 37 years old, who died Friday as the result of burns received about seven weeks ao, will be held Sunday afternoon at 2 o'clock from the Woodington Christian church.

Births

Mr. and Mrs. Carl Phpccmn woo-

erstown, boy; Mr. and Mrs. Willard Dickey, Washington township, boy; Mr. and Mrs. Charles W. Roberts, Centeiville, boy; Mr. and Mrs. Harry J. Sarkiss, Richmond, girl; Mr. and Mrs. Harry L. Rodenburg, Clay townshit, boy; Mr. and Mrs. Marion J. Fan. Centerville rural route, girl; Mr. and Mrs. Carl Phenis, Hagerstown, girl; Mr. and Mrs. Forrest Stephens, Williamsburg, boy.

News of the Counties

LIBERTY, Ind. Monday night at the library there wiil be another meeting of baseball fans, at which time reports of committees will be made, and plans laid for the coining season. It seems likely now that Liberty will be represented by a team that will be able to cope with the best semi-professional aggregations in this part of the state.

Circuit Court

ASKS $2,000 ALIMONY Two thousand "dollars alimony, custody of a child and support money is asked1 in the divorce Buit filed by Grace Bailey against Elmer E. Bailey in circuit court Saturday. The pair was married in 1895. ) FACE BURGLARY CHARGE Fred Perkins and James Goodwin, of Cambridge City, will be arraigned in court Monday morning on a charge of first degree burglary. The charge is brought by Howell cfowser also of Cambridge City. Clowser alleges the two broke into his house one Sunday while he was gone, and took away clothing and other articles of value. LAZY HUSBAND CHARGE Hilroy Joyner and Fred Decker will come up for trial Monday under the lazy husband act. . SUIT DISMISSED The suit of the W. E. Miller company against W. A. Cortner on account for $250 was dismissed Saturday morning. ' VENUE CHANGE REFUSED Motion for a change of venue in the suit of Jaffe against the Wayne works was overruled by the court Saturday morning on failure of the plaintiff to pay costs. The case will be tried in this court.

Members of Green's Fork Church Called to Session GREEN'S FORK. Ind., Feb., 25. A program will be given at the Green's Fork Christian Sunday school hour Sunday. The sermon will be on "Sanctiflcation." Members of the church are urged to attend. -

1 i i ville will have a pet and hobby shew during the week beginning March '..

Red Men Lay Aside Tomahawks For Program Members of the Red Men's lodge laid aside their tomahawks for a few minutes Friday evening when they were surprised by the women members of the Pocahontas lodge, after their regular evening program. Mrs. Lida Roser acted as mistress of ceremonies at the program which followed and Howard Ridge spoke for the men. Dancing followed.

PET AND HOBBY SHOW. EVA N S VI LLE, Ind., Feb. 25 Evans-

S5 REWARD OFFERED FOR "MISCELLANEOUS"

Tolice officers of the city are on the lookout for one black broadcloth ministerial suit, size 40, which was stolen in Decatur, 111. A $5 reward is offered for the return of the suit with other stolen goods mentioned. he other goods are: one black wooden frame fibre suitcase, one typewritten manuscript entitled "Vacation on a Stepladder." and one brown leather bound hand written collection of poems. L. B. Trowbridge of Room 630, 440 South Dearborn street, Chicago, will turn the reward over to the finder. As a result every policeman on the force is keeping an eagle watch for the goods.

SHEET MUSIC

B

Opp. Post Office Phone 1655

Drink Milk Milk is the best beverage to use with your meals. It is Healthful, when pure like that which we supply, and it is nourishing;, especially for children. Order your tomorrow's supply now by phoning 1531. KRAMER BROS. DAIRY

Police Court News

Motor-Driven Winshield Wipers, installed $8.75 WAYNE COUNTY NASH MOTOR COMPANY 19-21 S. 7th Phone 6173

For More Rerfreshint? Fountain Drinks and Dishes, Try PRICE'S

Carlos Carter of Boston was fined $1 and costs in police court Friday morning for stealing a laprobe. Carter was also given suspended sentence of 60 days to the penal farm. Varry Carter of this city, an automobile washer at Bricker's garage, wishes the public to understand that he was not mixed up in the affair. Mr. Carter is also known as Charles Carter and the similiarity in names led to some confusion. PAYS $1 AND COSTS . R. W. Roberts paid $1 and costs in police court Friday for driving a motor car without a license.

TRUTH ALWAYS

yrniHumiiiiifiimtiiiiiiiiiMiiii mmiiiimiiimiiiuiiiiHniiiiMiiiimiiiifiimiw ! I Asbestos Table Mats for All!, I Size Tables at l!

BOOT

uiiihimiiiii ii,imimmmiiiiMI111,I,IlI1111ll1lllmI(lig j

Sunday Chicken Dinner 50c And "MOLLY-O" Salad Don't Fail to Try Our "MOLLY-O" Rolls and Cookies Henry Farwig & Son 1031 Main St.

At Feltman's

$ 00

Patent Kid Oxford

Soft leather, medium narrow toe, welt sewed soles, with rubber heels one of our many big values.

Feltman's Shoe Store. The World's Largest Shoe Dealers 35 Stores 724 Main Street

. i

FACTS ONLY

Everyday Ad-Ventures When you come in from an after-

i coat and put your hand up to j straighten that string of "almost"

pearls that you bought with the birthday money your husband gave you last month And you find that there's no airing of pearls to straighten that they're gone and you look to see if they could have caught in your coat and call up the stores you had visited to report your loss And you don't tell your husband anything about it, hoping that you'll get them back the next day, but that doesn't work out at all because none of the stores have heard a word about your lost string And so that evening you tell your husband all about it and he says, "Now don't you worry about that a bit I think we'll get them back all right. I'm going to phone an ad to the Palladium" And That Changes Everything! Because the next day even before you've had time to see your ad in the paper, a woman calls up to tell you that she's been watching for your ad and that your pearls are waiting for, you at her house. (Copyright 1922)

Next Week is . HOME SEWING WEEK at Nusbaum's Featuring merchandise important to the home sewer Cotton Goods, Silks, Wool Goods, Notions, Ribbons, Laces, Embroidery, etc. (See Monday's Palladium for Further Details)

Thistlethwaite's The Original Cut-Rats EVERY-DAY PRICES In Effect at All 7 Stores

VINOL at

89c

$1.10 MILES' NERVINE

89c

THE HOME of Butterick Patterns

The

new

entss 3465 TRANSFtA 10873

Pattern frtii

im provided ftr this KJ iitterick. Design

"Deltor" saves you dollars in the purchase of your Spring Garments.

THE GEO. H. KNQLLENBERG COMPANY New Spring Silk and Silk Filled

R

NG

We have just received a 1,000-yard shipment of the newest Spring Shirtings, satin stripes and Jaquard effects, in a handsome line of patterns. They, are Shirtings which are suitable for every man, for every day and any day, month in and month out, indoor and out. We invite your inspection. ajg

SILK STRIPE CANTON CREPE SHIRTING in a largrange of patterns, 83 inches wide, at

ALL-SILK TUB SHIRTING in a beautiful line of patterns, 33 inches wide, at

58c yard

$1.39 yard

LA JERZ SILK-FILLED SHIRTING,, satin stripe in white and Pongee, 33 inches wide, at

$1.00 yard

ALL-SILK BROADCLOTH SHIRTING, in white only, extra heavy quality, 33 inches wide, at

$1.75 yard

BROADCLOTH SHIRTING, silk-filled, in a handsome line of patterns, 33 inches wide, at

$1.00 yard 51P ' TEFI '

mx- ten

ALL-SILK LA JERZ SHIRTING in the newest Sprinpatterns, 33 inches wide, at

$1.89 yard

Lee B. Nusbaum Co.

PEPGENat ....... 93c NUSBAUM BUILDING 3 ALL 8 for SCRAP TOBACCO, 25(J j

&

U UJJTZ VLi m R. JIM BAA M VUV W