The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-06-13
A SUGGESTIVE REPORT.
The Republican Club Calls Upon the Prosecu-
tor to Investigate a Matter.

Nearly two hundred members of the Re-
publican club were present at the meeting
last night, when many were added to the
list. Reports submitted from all the wards
show that organization is being effective in
nearly every precinct in the city. The COM
mittee on public good submittedt the follow
ing:
We beg leave to report the following statement
OF facts, with the law pertinent thereto, and rec
ommend that the same be referred to the Hon.
James l.. Mitchell, prosecuting attorney for the
Nineteenth judicial circuit. with the request
that he do his full duty in the premises
without regard for any obligation, except his
oath of office. The register OF orders of the
County commissioners Court shows the follow
ing claim, allowed on March IL, 1889: mo.
1074S, Isaac King, advertising. pOsting,notices
OF sale of lands and lots mortgaged to State.
etc, $50" 1t was the duty of the county auditor
to pay for the services thus charged against the
county, the warrant for which was made out by
the sheriff. or In his name, and was allowed by
the Board OF County commissioner and paid by
the county treasurer. AS to the auditors duty. see
Section 5000, Ind. X. g., 1881, which reads: 1.-THE
Auditor shall receive one per centlm for the
management OF the permanent school fund of
the county. held in trust or loaned. and no other
compensation therefor" AS to the liability to
nnient claim to the Board of County commissio8-
ers. Section 2205, Ind. II. s., 1881, provides:
''Whoever. knowing the same to be false or
OF dGa %cerIifies as sa Correct Sa' etc. etc presents '0 ah H@s cIalm.
. and whoever, knowing the same
to be false and fraudulent, receives
payment of such claim, : shall be impris-
Oned in the States prison not more than four
teen years nor less than two years, and fined not
more than 81 900 nor less than 80" AS to the
liability Of the county board for making this
allowance, see Section 5766, Ind. r. s., 1881:
'The Board of County commissioners shall, I'M
less in cases Of indispensable public necessity,
cause 10 be found and entered of record as part
of its orders, and make no allowance not official
ly required by law TO any county auditor,
clerk, sheriff, assessor or treasurer. either
except i'll cases above provided, employ any per
son To perform any duty required by law OF any
officer, or for any duty to be paid by commits
sions, or percentage. For a violation of these
provisions. each member OF such board favoring
the same shall be guilty OF a misdemeanor. and
upon conviction shall be fined in any sum not
less than double. nor more than five times tho
amount OF such allowance, to which may be
added imprisonment in the county jail for a
period not more than sixty days. and the office
of such commissioner shall he declared forfeited"
We respectfully that the Hon. Jas.
l.. Mitchell be referred TO the case of the Board
90 Ind, 492, for further citations OF cases and
an able exposition OF the law pertinent TO the
facts above set forth.
The report was unanimously adopted. and
ordered presented to the prosecutor. 1t
was further decided that in case that officer
did not investigate the charges, a committee
from the club should 60 before the grand
jury and present the facts as set out in the
report. The club decided to have enter
tainments at frequent intervals, and a
standing committee thereon was appointed.
1t is composed of Mayor Denny, w. II. III.
McCurdy and Charles Lincoln. Hon. Henry
II. johnson, of Richmond, is to be invited
to address the club at an early date, per-
haps in two weeks.