The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1878-12-11
LAW AND TAXATION.

Our article upon this subject yesterday
morning was partly predicated upon the
statement in Fridays News, that the board
of county commissioners had contracted
with Charles F. FAINT to pay him % per cent.
of the taxes realized by the county on ''se-
questered property" Its appearance created
a hutter among the ducks who have been
filling their maws out of the public crib, and
made them quack with alarm. On yester-
day we took the trouble to investigate the
matter for ourselves, and learned that the
News was mistaken in Its statement that the
board bad contracted with FAINT; that the
contract was with another man, the success
sor OF whom thinks he Is under cover, but
who will realize, when he reads the Sentinel
to-day, that his ambush has been discov-
cred.
On Monday, the 18th day of November,
1877, the board of county commits o. ers
passed the following order:
Ordered, That under the agreement hereto
fore made for the collection Of taxes where the
assessors failed to return and the persons liable
to make proper return of their assets and
where the same does not appear on the dupli-
cate, the county treasurer is hereby authoriZ-
made, to report for distribution by the county
auditor 10 per cent. of the taxes SO collected
and TO pay the remaining % per cent. to w. G.
Moriarty.
Sometime after the passage of this order
Moriarty had an "onpleasantness" with the
grand jury and was bounced from his desk
in the court house. 1t therefore became
necessary to find some one to take his place
as a tax detective and John l.. Hanna,
deputy in the treasurer's Office, was chosen.
Sometime subsequent to this Mr.. Hanna de-
sired to set up in business for himself and
became a candidate for nomination for
county Office on the radical ticket. Not
wishing to have too many irons IN the fire at
the same time he turned over his interest in
the Moriarty contract to Mr.. Samuel Han
way, treasurer of the county. This gentle.
man, not desiring TO be known to the public
as an informer or detective, procured the
ready services of Mr.. FAINT, who entered in
to the work with great zest. We are not ad,
Vised of the terms OF the agreement between
Crusoe and Friday, but assume they are sat
isfactory to both the high contracting parties,
For awhile things went on swimmIngly.
Friday nosed around and turned
up many sods OF clover. Crusoe
gathered the blossoms, put three-fourths of
them into the hay loft and the other fourth
into his breaches pocket He made hay
rapidly while the sun shone, but the golden
orb went behind the clouds and bleak De-
cember brought Cotterelrs injunction. No
more hay for Crusoe and friday
Now, let US examine the contract under
which this hay was harvested, and see if it is
legal aud binding We will not discuss the
question as to whether its provisions can
extend to others than Moriarty; We will
assume they can, for a mans property de-
sends to his legal representatives, and Crusoe
and Friday may be, for aught we know, the
lawful heirs of the lamented MorIarty.
Section 10 of the Fec and Salary Act reads
as follows:
The board of county commissioners shall
make no allowance not specially required by
this act to any county auditor, clerk, sheriff or
spy ceTk IDENTITY beiIifyf or or emnIove If sncb
officer, nor shall they employ or authorize the
employment OF any deputy, bailif or clerk for
such officer; and for violation OF the proviS-
ions of this section each member of such board
favoring the same shall be guilty of a misde-
meanor, and on conviction shall be fined In
any sum L OF less than double nor more than
five times the amount of such allowance, to
which may be added imprisonment IN the
county jail for any period not more than sixty
days, and the office of such commissioner
shall be declared forfeited.
Moriarty, with whom the commissioners
contracted, was at the time of the making of
the contract deputy county auditor; Han
ma, who succeeded Morisrty in the contract,
was a deputy county treasurer, and Mr..
hanway, who took Hanna's place, is the
treasurer himself We suppose Mr.. FAINT is
a deputy treasurer, as he is usually during
business hours to be found behind the tire as
urer's counter, but be this as it may, he is
his clerk, and therefore is precluded from
receiving pay from the county commission
ers for work done for the treasurer. BY al
lowing the money to FAINT the other day the
commissioners did an illegal act, and one
which renders them liable to severe penal
ties. II they were bamboozled into making
the allowance they are TO be pited; If they
did IT with their eyes open they should be
made to feel the full penalties of violated
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