The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1879-05-23

court The fact il. that af the time hi
commission was charged. the suir 10 re-
cover this land was st;l pending IN,
was not finally disposed OF FOR more INA,
iour years after Mr.. Denny went out j
once, and the suit was pending when h.
came into Office. The suit was prndinc
during part of the terms of Office n
Tour attorney generals, and II Mr.. DEM,
wss entitled 70 commission 80 were
the Others. The suit was compromised
py me present attorney general.
On the 2ist OF October. 1874. war
claim ~ the srm Of si65, 1856 81 was al
lowed BY the Cli'cd States Government.
~ iavor ofthe State Of Indiana. Mes.rs.
lrimbell Il Trimbell were PROSECUTING
The claim a. agents of the State. under
appointment Of Governor Hendricks
on contract for 10 per cent. comini.-
sions- They were, no doubt. materially
assisted by documents furnished Them
ny Mr. Denny and By his presence IN
Washington. This we believe 10 have
ueen duty, as "A salaried officer Of the
STATE, aud his travelling expenses were
pain Dy The State, which was clearly
wrong " he was collecting under COM
mission. Oa the allowance OF thi. claim
The Government deducted from II S52
oo4 "A, the amount Of claim then due
from the State, and forwarded a dram
Tor the balance, SIP .267 So. This was
Endorsed 10 Nr. Denny. Tri,nbell 4
irlmbeli. were paid their commission or
~ per cent. on .he whole amount of the
allowance. a j. the practice ia the treas
'iry department. The draft Wa received
pn the ~ day Of November. 1874. and
after dedncling liis own commissions an
me whole amount Of SIG5.l35 ~.
10 s. f56 -. he paid The bal
suce into the Treasury the 9th OF Deccrp-
'er. 1874. nearly three months after Ills
crm Of Office had expired. lie Va. not
'niitled To any commissions on this nav
neni. but u ne was Il was clearly wrong /.
or iiim TO charge commission on the ,
money that was never received by the (,
state. As matter Of fact. the Govern !
nent was only indebted 10 the State /.
sll2.2S1 56. and only that amount was !.
objected. The agents who were ap-il,
'ointed by the governor were acting
Inder contract that was 10 be construed i,
u the light ~ the prevailing practice inir
ne department. The attorney general !.
Fas acting as an officer of the State. and !,
u commissions. il allowed At an. should \
My be allowed for the amount actually y
ne 10 the State. N
We desire 10 call attention. generally. nj
, the deficiency in Mr.. Dcmny- accounts. ~
: shown by his own report and the cer- y,
fed statement 20 the auditor Of state. N
Ie shows bv hi> report on page eight Il.
lat ne collected. Of money that should ~
PAID into the state treasury. viz: un- II !
aimed witness fees. circuit court dnrkef n,
r aud money unclaimed ia estates. ~
1928 ~. His commission on this ~
mount. allowing him the mil 80 pcrihs
mt. would be Sl3s70 10. This would y;
ave balance due the State Of S3a.- n
'S -. or this amount he has paid into IN
= treasury only Sls.4ss -, leaving him ~
dehtcd 10 the State Sl2.s6l 81. n
Ills own report shows that Ne paid nj
Ter S2i3l35 81 This was not true. - IL
9 auditors statement shows only the ~,
mount above named was paid. but tax. ~.
= his own showing he would be in ~
fault S., $50 as. m,
In making this comparison Of his re- N,
'rt with the certified statement OF paw u,
ents made by Mr. Denny, furnished ~
by the auditor uf state. we have al-lr.,
wed him his full commissions on All oflsr,.
ese collections. by so doing we do ~
4 wish "a be understood a. admitting An
a the statute should be 20 construed Il !,
10 give him such commissions: buf II
has been 20 frequently asserted thar III;
ere is nothing in tho investigation but IN
question Of the right 10 charge COM re
~~ion~. that in making this compari- fan
b We conceded them to him for the M,
rposc Of showing that aftcr allowing -;
u All the commissions he has ever nm
lined. he i still in default more than lcar
nble the amount Of his bond. We dol,ha
care TO repeat in this report whaf M,
: said in onr report 20 the House Of rio
A. 20 the construction Wl
statute should receive. but simply 10 ,he
iiirm what was there said. and
The dcfalcatipn found bv the CON- 80
Itee viii; he about $4,000. OF which WI
',3s2 - Is on account OF mi-ceIanc- III
collections. the balance on accountlIe
made Ii the counties. Tn
-.A.-. 49,. the
We learn from Mr. G.. II. Montcom-