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

The Legislative Commission Find
Ex-Attorney General Denny
in Default to the state to
the Above Amount.

tBe ABOVE Amount
Indianapolis seaunsi.
The legislative commission. compose,
Iof Messrs- Works. >.eeth and IIuthsfein
'1er. which has been investigating the affos
lney generals Office during the admins
iration ot Judge J. g. Denny, finishe,
~ laDors Yesterday. and we give tn
following extracts from this report:
INDiANAP0IIs, Nav. 1879.
10 his Excellency. James -. Williams
Governor Of tie State Of Indiana:
SIR In compliance with resolution
Iadoptcd bv the House OF Represenativ,
of the Fiiiy-iir>t General Assembly. ".
have investigated the Office Of afforne,
general during ,thc term OF office 81
.laincs &. benny. and submit 10 Won on
report. A. directed by the resolution
We have prepared 4 iabulatcd statement
~ moneys collected ia the several conn
lies. on account oi what funds. the
amount of commission charged and en-
titled 10. the amounts paid over and The
ainuti,l due 10 each fund. We give.
iir~i. moneys belonging to The counties.
VIZ: Common nlca~ court docket fer-
and jury fees: The school fund and
~s'ls1'i revenue. consisting Of fines aud
fnfieiinrr-. unclaimed witness fe-s AMI
c~rlsrai- aud moneys belonging Ia the
state. beng rircuit court docket fee and
MONEYS unclaimed 40 estates. the com
mission charged aud deducted iroin each
and tiie commissions thar should have
d - rlIar-rd. N any. are stated salmr-
HelN. - tllal IL. condition 81 each fund
j. shown
III makinw mp Ills statement we have
given the statute flic same construction
Hist wn> given il by Mr. Denny when
Ia otii'e. ~ that ii cam not be claimed
The question involved l. only question
Df tile amount ot commissions he Wa
entitled "a charge. At The out-et of the
during The session of ihe
,encral Assembly. ne expressly admii-i
ed that the statute gave him no right 10
.liar-e commissions Tor collecting money
hal belonged % fhc counties. A. hi
Stale officer he had 40 right 10 collect or
samtlic The funds of TIC counties. He.
.lainrd That such charges hal only been,
made 10 4 few instances. sud then only I
where special contracts were made with
he counties We find that neither: Of
hssr statements were true Ia ever, Z
Instance where money was collected for
he countie~ commissions have been,
harwca. ard IN very many instances the
have BEEN taken out OTIS
money belonging TO The state. IN no.
Instance. that we are aware OF. was the I;
charged by virtue oil con u
rart with fhs county. II was an open Il
iolarinn ~ his duty a. an officer. In i a
latier about which lie could not well v
ave been mistaken. ii
Commissions were charged on mis- g,
slIanrou> collections. including unoncy n
elected from tile General Government Il
D certain war claims. aud money duelrs
Ic state on notcs and mortgages. Were
I'VE mol allowed these commissions. Il
hcv are clearly not imrInded III the art o
1873. Besides the limitation. as tot,
me tho act limits the collections underh
10 certain class. The law III force ai II
q time this act was passed. and ofnl
hich Il !. merely supplementary. gavca
Z attorney general ample power. and ~
sdc II hiS duty to prosecute AL claims y
favor of the State. The present ac,Ity
tends his authority TO the collcctionJu
unclaimed witness fees. court dockciw
=. license, moneys unclaimed IN es-ltli
Ics or guardianships. fines or forfeit p
6. or moneys that cschcat ~ the ~'atepc
t want Of heirs, or from anv ofherro
urcc where the same il by aiy N re- Iie
irei to be paid 10 The State or ans Of cn
rr in trust for the State" co
II will be seen that the collections srelis
w authorized where the MONEYS are Cal
equircd by law 70 be paid ~ rhclc
ate. etc This excludes the idea that "
was the intention TO authorize thes io
ormous commissions ~ bc CHARGED ls'
I collecting money due the State ono