The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1871-12-08
Scene in the Supreme Court.

When the case of Jos. X. sharp ct nj.
VS.. John &. Shoemaker ct al. involving
the distribution Of the school iuno
amomg the counties, was called yestcr-
day IN the Supreme Court, Attorney
General Hanna appeared for the state,
AMI asked the consent OF the Judges. up
on the submission OF the case, to make
"a statement. Leave was granted, when
the Attorney General made the follow
lug startling remarks:
III the Court please, This is "A most
cause, and involves sub
iect matter OF the most extraordinary
character. II is a proceeding BY injunc-
ltion. TO restrain the Auditor Of State
from making a distribution of the mon
ley belonging to the school fund among
the various courties OF the State, accord
ing TO law. :,
"1hat the Court may readily under.
sand the object Of a motion which de'
sire to make, beg leave 10 state the
following facts: IN 1867. tho Lcg'sla-
ture passed an act kuspcndtng the innc-
Itions hitherto exercised by the Board o.
Sinking Fund Commissioners, and
merged the duties of that Board in the
Auditor Of State. Thr Auditor was re-
qnircd by law to take the fund thus en-
trusted to his custody, and retire the
utstauding securities Of the state, So
that the State might owe the schoo'
fund, aud not the foreign holders OF hci
bonds. But when the Auditor lsd done
" hat he could in this direction. and
there was nothing more let for hin e
do with the vast fund so lodged III his
hands and since the Legislature, by q
most strange neglect. hats made no i''rth
cr pro, ision for the iuve.tmcnt OF TIM
money. it continued ~ fow in np"l
him, until it became an enormous dcat
icapital Of no advantage 10 the State. TN
prey Of private speculation and individ
,ual gain. In 1870 the Legislature passet
an act. requiring this fund 10 b. di>lrl
buted among all the counties nl th
State. aud there loaned out. on the bcs
security, 1t eight per cent. per annu''
in advance. Voluntary aud interested
parties procured ali injunction nsains
4 such proposed distribution. 50 that tn
!, vast sum OF money rcMuins tic'' mp I
this day.
:. ..Thi; case Is an sprea, from, the CT.
below. apon such 4 state OF facts. it
sa war wagcd by banks. bankers an
other money changers, here ai,t ease
where, against the school children /.
tho State. lrtl,is money can be- hl'
,ributcd, within ten days, il Viii !icl
the school fund something near ti'sy-si
thousand dollars, as the amount VI III
fund approximltcs seven hundred mo,
sand dollars. and as ! said before III
rate o. interest fixed hy law nj "!i
Z per cent. ! have desired 10 say tli
much in the presence and hearing o. ~
{ I attorneys on the other side. to give thc'
an opportunity. il they desire il, 10 ~
u ply 10 my accusations, and resist III
.ilnction desire. therefore. now 10 f.
! How the motion 10 submit the rau>e VII
= ,lc further motion: " have il advance
, upon The docket .or immediate cOnsit
cration."
= The Attorney General then oiicrc
: his motion. rs follows:
: shoemaker ct nj. VS.. Sharp ct vi.
; Comes now tho appellant, B. w. 1Iann
y Attorney General, and moves the Coul
J. TO so advance this cause upon the docl
u ct. that a speedy determination Of u
: ;qucstioms involved may he had, for til
u reason: That the late Legislature pas
! ed an act. approved February -. 1870.
IS Acts Of 1871, y requiring the Aud
IS tor Of State TO distribute among the SCI
eral counties, there to he invested &
u the use Of common schools. over ma
Is million Of dollars of that branch Of u
u school fund Of the State, which. by ~
'e glcct Of tho Legislature, has been pc
u mittcd TO accumulate in said Auditor
&c hands, and there remain as unprodu
'c tive capital, and to be used by him +
~ individual profit. and that said dlstrib
9, ton has been restrained by voluntaI
re and Interested parties, seeking to u
u, said fund in their private interest.
D. "B. W. HANNA,
"Attorncy General. :.
!! Judge Wurden. the Chief Justice, '
~ marked that the motion would be TAX
y under adv;seincnt.'- indianapolis Sc
~ timl