The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-01-13
A COUNTY'S DELINQUENCY.
Huntington County Fails to Make Its
Annual Settlement with the State.
Satisfactory Reasons Given for the Delay in
Reaching an Adjustment-The Causes
for the Apparent Delay.

The treasurer of Huntington county has
failed to make the semi-annual settlement witt
the State required on the LIST of January. and in
quiry in regard to the matter discloses the fact
that the money due from the county is not in the
hands of the treasurer. In explana-
ton, the State Auditor says that
the Huntington county treasurer reported
to him that the money had been paid out by
mistake, and that he had expected to raise funds
by negotiating bonds which had been issued
upon the authority Of the County Commission
ers; but il was found at the last moment that
they had not been advertised for sale in accord
ance with the law, and time would be re-
quired to comply with this provision of
the statutes. It is stated, further.
that the funds in the county treasury were ex-
hausted by the payment to the Chicago & At
lantic Railroad Company of SO, 900 appropriated
by a township in aid of the enterprise, when the
money had really not been collected. This was
irregular. the auditor states, because the treas
urer had no authority for using the
money belonging to any fund for
any but its specific purposes. The
County Commissioners have no authority to
divert the money in any fund; and in the pay
ment of a railroad appropriation, as in this in-
stance, they should first have made an investiga-
ton to see that all the conditions had been fully
complied with If the money appropriated had
not been received by the treasurer,
he should not have used other funds
to pay the claim. The use of
the funds belonging to the State and the failure
to make that settlement at the time fixed are
violations of the law. Section 6502 of the Re-
vised Statutes provides that leach county treas
urer shall, on or before the LIST day of January
of each year. pay over to the State Treasurer
all the moneys found due for State revenue,
school tax, and all other State purposes"
and Section 6503 further provides that eff
any county treasurer shall fail to nay into the
State Treasury the amount due to the State on
his account for the State and other taxes, before
or at the time required by this act, he shall for
felt and pay to the State of Indiana a penalty of
Is per cent. on the amount due, which shall, to-
gether with the amount due the State, be recov-
cred by an action of debt. in the name
dilatory treasurer. 1t shall be the imperative
duty of the Auditor of State to notify at once
the prosecuting attorney of the proper county of
such default, and such attorney shall bring suit
Immediately against such treasurer. y In
no case shall the prosecuting attorney fail to
bring such suit. unless satisfactory evidence from
the county board Is presented to him, showing,
by official action taken by such board, lawful
cause why the treasurer could not pay over, in
part or in whole, the amount due on such treas
0kN . UAtA LAX 0OotOs
When asked why suit had not been brought
against the treasurer of Huntington county, in
accordance with the law quoted above, Auditor
Rice replied: I can get the money without
bringing suit. We never find it necessary to
bring suit to collect the money due the State.
Besides, nothing could be accomplished by it.
If we should bring suit against every county
treasurer that failed to settle at the required
time we would be kept busy in the courts. They
can always show some excuse under the clause
relating to the County Commissioners. 1t some
times happens that they can't get their sheets
ready for settlement at the required time. There
is nothing to be accomplished by suing them if
they haven't got the money to pay. The counties
of Warren and Perry haven't settled yet. Marion
hasn't settled because the treasurer hasn't
is an immense amount of work in making
up . settlement sheet in a county as large as
Marion. Usually the treasurer here advances a
little less than the sum estimated to be due the
State, but the settlement cannot be made until
the sheets setting forth the exact account are
presented, and a quietus given by the auditor.
Now Perry county finds it to her interest to
settle as soon as possible, because she receives
more from the school apportionment than she
pays into the State treasury"
when a county treasurer uses State funds to
pay claims credited to other funds, is not that a
violation of the law warranting you to institute
legal proceedings?"
IF there is any irregularity in the official
transactions of the treasurer of Huntington
county. the County Commissioners ought to
know it, and it is their duty to investigate it. l
am satisfied that we will get the money due the
any fears about the matter l would order a suit
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