The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1874-05-05
IMPORTANT RULINGS.

ARE CERTIFICATES OF DEPOSIT TAxABLE?-
COUNTY TREASURES MUST SETTLE WITH
THE STATE TWICE YEAR.
On Saturday the attorney general of Indi-
ana submitted the following opinion:
OFFICE OF THE ATTORNEY GENERAL,
INDIANAPOLIS, April Is, 1874.
Hon. James A. Wildmd1s, auditor OF State.
SR:-Yourso of the 18th instant, submitting
the following: SIS certificate of deposit,
payable in greenbacks or legal tender notes,
taxable ?" is received. 1 am satisfied that a
certificate of deposit, payable in greenbacks
or legal tender notes, is nothing more than
a certificate of indebtedness on the part OF
the bank to the individual holding the GER
tifcate, and when such certificates are taken,
it is calculated to arouse the suspicion th-t
it was taken for the purpose of avoiding
taxation. If greenbacks should be deposited
as a special deposit, they would not be tax
able. But it seems clear to my mind, that
the kind of certificate described by you,
would be subject to the tax as fully as u
prommisory note, or any other evidence OF
j. G. DENNY, Attorney General.
COUNTY SETTLEMENTS WITH THE STATE.
Mr.. Denny has also delivered an opinion
upon the settlement of counties with the
state as follows:
Hon. james A. WIldnd,i, auditor of State !;
SIR:-In yours of this date. you state that
"a number OF county auditors have asked
me if county treasurers would be required
to make settlement in May next for any
taxes they may have collected on the second
installment." 1t is the duty OF comfy
treasurers to make two settlements in each
r. m ha firat Of
one on the 18th day of May. Section 100, of
the act of December 2lst, 1872, provides that
each county treasurer shall, on or before the
first day of January in each year, pay over
to the state treasurer all moneys
found due for state revenue, school
tax, and all other state purposes, according
to the certificate of settlement with the au-
ditor of this county, etc. And section ISl
provides that county treasurers shall pay
eyer to the state treasurer all such money
as is due to the state, on or before the 18th
OF May in each year. These sections provide
for two settlements, and fix the time each
shall be made, and they require the treas
urer to pay over the amount found due, or
all moneys found due for state, school and
all other state purposes. The supplemental
act of March, g. 1873 (acts of 1873, p. 2O5, sec.
~, provides that the taxes due from tax
payers may be paid in two installments, or
they may pay the whole in one payment
before the third Monday in April. Does
this section change. or in any way affect
the duties of the treasurers of counties to
pay over the amount due to the state? or is
the money paid prior to the third Monday
in April due to the state at the May settle
ment? 1t surely is the duty of county audi
tors, in stating the account, to state the full
amount collected up to the third Monday in
April. The mere fact that the money may
be paid in two installments at the option of
the taxpayer. would not authorize the
treasurer to retain the states portion of the
money that may have been paid him for six
months, merely because the taxpayers had
not avaled themselves of the privilege of
paying in two, instead of in one, instsllment
This being the case, it is the duty of the
treasurers to pay over at the May settlement,
and il they fail to pay, may be compelled by
mandate TO do so. -i -, go