
    (Second Circuit — Greene Co., O., Cir. Court
    — In vacation, May 23, 1889.)
    Before Judges Shauck, Shearer and Stewart.
    W. R. Baker, Auditor, etc. v. The State of Ohio, ex rel. Albert F. Hager.
    
      Compensation of clerks of election.
    
    Error to the Court of Common Pleas of Greene County.
    The defendant in error filed his petition in the court below setting forth that the plaintiff in error is the duly elected, qualified and acting auditor of said county of Greene. That on the first day of April, 1889, he was duly appointed, qualified and served as a clerk at a regular election duly held on said day in the first ward of the city of Xenia, in said Greene county, said city being a city of the fourth grade of the second class, and not có-extensive with the township, at which election there were voted for and elected candidates for councilmerj. and a solicitor for said city, and trustees for the township of Xenia in which said city is located; the names of which candidates for such township and city offices were upon the same ballot.
    That for the performance of such services as such clerk, the said relator is entitled to receive from said Greene county the sum of two dollars.
    That he has duly presented his said claim, and also his certificate duly issued by the city of Xenia, signed and sealed by the clerk of said city, to the defendant, and demanded a warrant on the treasurer of said county for said sum of two dollars, which the defendant wholly neglects and refuses to pay, or to allow the said relator any sum whatever, placing such refusal on the sole ground that such county is not liable to pay. That no part of said sum has been paid by the defendant, or any one else.
    
      The prayer is for a writ of mandamus, commanding said W. R. Baker, as auditor, to issue and deliver his warrant on the treasurer of said county in favor of said relator, for said sum of two dollars.
    A demurrer to said petition was overruled, and the defendant not desiring to answer, a peremptory writ was allowed in accordance with the prayer of the petition, and a judgment for costs rendered against the defendant; and application is now made to this court to fix a supersedeas bond staying execution pending proceedings in error.
    
      W. F. Trader, prosecuting attorney, for plaintiff in error,
    cited Revised Statutes, sections 2922, 2977, 2978, 2928, 1252, 2960 2961, 2963, 2964, 2965, 2966, 1728, 1726, 1727, 1728, 1729, 1730, 2930, 2933, 1683. 1441, 1448.
    
      Thomas E. Scroggy, city solicitor, for defendant in error,
    cited Revised Statutes, Section 2936.
   By the Court.

Section 2963 of the Revised Statutes, as amended March 21st, 1887 (84 O. L., 217), regulates the compensation of the judges and clerks of all elections contemplated in chapter 2, title 12)of the statutes, except as otherwise expressly provided. The election mentioned in the petition is not within the exception to that section of the statutes. The proper construction of the section requires that the relator be paid by the county.

Being satisfied that the judgment of the court below is right, the application for stay of execution is denied.  