Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1860-07-26


amounting TO $50, ,451 SO, have been paid
70 the. CONTRACTOR According TO the tcsti-
nony before us, this one transaction has
resulted in great loss to the Swamp Land
Find and loss TO the value OF real estate in
the vicinity Of the work 81 ''n' 10" la :;
In the year 1856, without the color of
law and in violation Of all right, the then
Auditor of State Hiram q. Talbot, tli-
rected The Auditor Of Jasper county to
withhold from sale large amount Of
Swaihp Land designated by him. The
committee are compelled to conclude that
this was prompted with view of personal
and privat speculation. ( See the letter
Of the AUDITOR and the letter Of A. B.
Condit on file. This, no doubt, waszthe
commencement of a system of frauds, I'M
heard ofbefore. A spirit of speculating
in these lands was engendered. and in a
short time there was formed four separate
companies who selected, as they termed it,
and actually obtained "by the completely
of the Swamp Land COMMISSIONER deeds
for about one hundred and twenty-four
thousand acres of the best hand vacant in
the county. For the names Of the parties
in this scheme we refer you 10 the evidence
herewith fled. The deeds to these lands
were procuredtwithout the shadow of law
from the officers of State. ,7aine- ls79ess $50
The Swamp Land Act approved March
5, 1857, required that-thesc fraudulent con-
veyanccs should be returned and cancelled,
when the work was not completed, but
provided that the loose contracts upon
Which they had been obtained might be rat
ified and confirmed by the Swamp Land
Commissioner, and provided that the con-
tractors might file with the county Audit
Or lists of1ands selected by them to be la
ken in payment for litching. and the sale
Of these selected lands was then prohibited
br the county officers till the completion
or pcrfecting Of the contract for the pay
ment of which they arc filed, and that Sc
venty per cent. upon the estimates of the
work done should be issued to the con-
tractor until all was done. when certificates
for the whole should be issued; and provi-
tied further, that the contractor might at
any time, by depositing 81 20 per acre
with the county Treasurer for the whole or
any part of the lands in his list, take ont
certificates and procure patents for the
same. and that the money SO paid into the
county Treasury should oe retained to he
repaid to the contractor a. the rate of se-
venty-hve per cent upon estimates of work
done, until the contract was completed.
when all should be repaid. 'Under this
law tho Swamp Land Commissioner OF
Jasper confirmed all the old contracts at
20 cents per cubic yard, and the contract.
any amount they desired, and theamomts
of their representative contracts were
swelled up to cover tho amount filed for.
and in short time after the taking effect
of this law, all the unsold Swamp Lands
in Jasper county. amounting to about one
hundred and seventy Thousand acres, were
thus absorbed, and nearly all the contract
ers, without paying any money into the
county Treasury, by private arrangements
with Jacob Marklc, the then Treasurer of
Jasper county. obtained from him certifi-
Gates of pnrchase, and nponthesc obtained
the greater part of their patents for these
lands. In a few instances the contracts
have been in whole or in part completed.
From the eestimtaes Of the whale amount
Of work done upon the same at. the expi-
ration of the term of said Merkle's term of
Office. he shoulrt hrvc paid-crcr to his sue
eessoi in office at least one hdnAred thous-
and in money, deposited with him by con-
tractors for lands obtained by them, but
not one cent was so paid over by him. L.
The lands being gone, and there being no
money for the same on deposit in the co,ln-
~ treasury. anil consequently no incentive
TO tire completion of the contracts, and be-
ing no law to- enforce their completion,
yoar conYriittcc wonM recommend that
some law be passed to remedy this defect.
There is evidence before the Committee,
showing THAT MerkIe, without the shadow
of autority Of law. issued to p Nj. Kent,
in the name of his brother and others, GER
tificates, of purchase for a large amount of
these landsJ previously filed by county
contractors, and that upon these fraudulent
certificates Kent obtained patents; and that
the contractor, whose lands he had thus
stolen, in order to avoid troublesome and
expensi var litigation COMPROMISED with
itiiff fSt 'bittiuS atHsi " iitat tiIec tiiOsiS-
and five hundred acres of the land thus OBJ
tained, OF which MerkIe got portion.
- From the evidences irpossession Of your
committee, they cauliot but express their
surprise that Gov. Willard should have
appointed Jacob Marklc to the respohsi-
bic Office OF Swamp Land Conhlissioner,
Of Jasper county, soon after the expiration
Of his, term of office as Treasurer Of sail
county. Notwithstanding It was known to
Ills ,Excellehcy that said Markle had been
suel on his official bond. as ,defaulter to
the Swamp Land Fund, in 1855, which
suit he compromised by giving his notes.
with surety. for the sum of -S23. AGO so.
thus acknowledging his defalcation, ani
the greater part of those notes, though
due. were still outstanding: it was known
to hi, Excellency that said Markle had a.
gain been sucd in 1855, 1npoh his bond as
Swamp Land Trcasurex foraaI farther de-
falcationlof Sl4,000 to 1.-The .SwamplLanil
Fund, as certified by the Auditor of, State,
and that in 1887 judgement was obtained
against him in another suit upon his oflicii-
al bond as county Treasurer 10 the amount
If 81 900 for State revenue, oan'l that was
then and is still peadipg against him upon
his official boa.l- Gor ,leiaAeetieu Of county