The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-09-12

national banks nearest to the townships which
issued them, and had the trustees come there
and personally examine them and certify to their
validity"
1t is held by some legal authorities that if the
orders are illegal the trustees bondsmen are
liable, and if they are not illegal the township
is liable, this opinion being based on the act of
March 5, 1885, which provides:
Any township trustee who shall contract any debt
contrary to law shall be personally liable and liable
mis- official bond to the holder of any contract any
other evidence of such Indebtedness to the amount
thereof.
Court in the case of Milliard VS.. White River
township, Gibson county. has bearing upon
the liability of townships for warrants issued by
trustees. The plaintiff brought suit to recover
the value of township warrants given in pay
melt tor tellurianS. Referring to sections 6OO6
and 6O07 Revised Statutes, which provide that
trusutee has not power to borrow money with
out the order Of the commissioners, Judge Howk
says:
We of opinion that these sections have no
application to the ordinary debts incurred by the
trustees for furniture apparatus and other supplies,
such as the debt incurred for the telurians Besides
the sections of the statute did not enlarge but
intended to limit the power of the trustee to contract
debt binding upon his township. This court has re-
peatedly held that notes executed by a township
trustee for borrowed money did not evidence debts to
the township, unless it shown that the money
borrowed had been used for the legitimate purposes of
the township.
Yesterday afternoon Journal reporter visited
the county commissioners to inquire if that
serene body intended to demand of the township
trustees OF this county a showing of accounts
and Indebtedness for the purpose of enlightening
taxpayers, now somewhat perturbed over the
township order swiudle and the recently
acquired knowledge that the power of trustees
to create debts is almost Supreme. The COM
missloners said they did not like to do anything
of the kind unless they had reason to believe
there was crookedness-a belief they did not
hold. They received the following communica-
ton from the trustee of this township:
Gentemen-In view of the uneasiness in the public
mind arising from the recent disclosures with refer
ence to township affairs this State and the large
frauds that have been disclosed deem it my duty
trustee of Center township to say to you that l am
ready at any time to make showing of the affairs of
my township, and await your pleasure in the matter
Respectfully yours, ERNEST KITZ,
Trustee Center Township.
While MIR. Kitz has largely increased the in
debtedness of Center township, it having arisen
from about 81, coo to more than 500 600 during
his administration, no one believes he has
bought any Chicago supplies or given any order
for which he cannot give fair and satisfactory
accounting Mr.. Kitz out of the city yes
tarday on business, and could not be interviewed
regarding dispatch from Greensburg which
said that a few days before he left Pollard
offered for sale these four 81 eco warrants issued
by Trustee kitz, of this city, but did not dispose
of them