The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-02-12

! OF compensation Is lSil " NC uASQ ny
a competent tribunal, the order max
ing the allowance, whilst in full force,
is conclusive in the proceeding by in
dictment against the officer for extor-
ton. a.is ~ s
County Auditors, as SUCH consti-
tute 40 part of the State Board of
Equalization "A g. & FL. PIP, .332l,
322, sec. 81 t7oq &
No services. are. required by law of
County Aadlsofs, in the matter. Of
the Board Of Equalization. There
are some duties, however, imposed on
them by the act of March 4th, 1868
for the relief of families of soldiers,
! (Act 1865, p. 90, ct seq.,) but it is
/ provided therein that the compensa-
| ton for the officers in discharge Of
the duties required BY this act shall
be such as the Commissioners of the
} county may lallow'l - sEaae ho1f i
The indictment in this case Is bad,
and will be quashed. -. e@
/ The STATE rs. Bisch.g s81.l 20 oai
"a By the decision just rendered be-
tween the same parties, the question
remaining, to be settled in this case is,
does this imdictmsnt sufficiently show
that.the defendant, as Auditor of this
county, perform services required Of
him by law, and for such services he de I
manded or received something Of
value not duehim. The charge is, that
the defendant" did unlawfully, i will
fully, corruptly and extortionately. de-
mand. takeiand receive of aud from
the Treasurer of said county, by
means of an order Of said Board of
Commissioners of said county, as
and orgcompensation for pretend
ed services, claimed to have
been heretofore rendered by the said
Victor Btsch as such Auditor of said
county, in reUistug real estate appnats-
naent and assessing omitted property,
the sum of $4,000, which allowance
was not authorized by law, but, on
the contrary,p it asEthe duty Of the !
said Victor Biscb, as, such Auditor,
to perform said labor and make-such
revision of, thee said real estate ap-
praisments in such county, and to
assess such omitted property; for
which services, as such Auditor,
JUS. and full compensation, was fixed
oDI af1owaJ ~ tho Said Rcefo,. R;aaB
as such Auditor, by law; and there
being nothing due to said Eict0n Bisch,
as such Auditor, fromysaid county, on
account Of his said pretended SER
vices in revising said real estate APP
praismentand assessingIomitted prop
erty in said capptE.l law
know of no, law, imposing on
County Auditors the duty of "revisl
ing Ifa&lheAbate appraisements" The
act, of Decamber 21st, 1853, provides,
that
Is[sSEe. 2fa If any e6antg "a aditBr,
upon receiving the returns made by
any appraiser, shall be Satisfied that
he has omitted any parcel OF lands,
l.
the county, which It was his duty to
-retur1, such Auditor may require
such appraisers to correct such omis-
sion, and the appraiser shall within
ten days correct all such omissions
aud make return thereof to such |
Auditor and the corrections shall be |
made upon the list of appraise n1ent, |
but nothing, herein contained shall
authorize any appraiser to'redUce the
amount assessed against any IN his
forms returned" 49,. 4 1900 ~
SEC. p. Each County Auditor shall !
from time to time as he may discover
any errors in the description or quap-
tity of any land, town lots, or partsVof
either, correct the same upon the list |
ofreal property of his County QG.
and H.. p. SO. 1t is further therein
provided that all laws, or parts of !
laws, that controvene any Of the pro
visions of this act, are hereby re
peSied.", II g. and H., p. 80, PA L |
thfnkothatrssetions q and p. supra
of che Aaetoe 1853, are inconsistent
with the provision Of Section IS Of /
theaactaf Juue.21, 1858, providing for
the valuation and assessment of real !
and Personal property; (1'G. and H.,
p. 81 and that the form 3r repeats
the latter. 1t is provided by that
part Of The act of 1852. relating to the
making ont of tax lists and duplicates,