The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-05-22
TEST CASE FROM vIGO
COUNTY TREAsURERs FORMULATE A
PLAN OF DEFENSE.
yigO Omcial for settlement
Under 1895 Act.

A secret meeting Of the county treasurers
OF the State was held yesterday at the
Grand Hotel. II was supposed TO be secret
and was, so far as admitting reporters
was concerned, but most of the business
transacted leaked out little by little after
the meeting adjourned. Among other things
it was decided to make one more attempt
to have the courts pass upon the fee and
salary law of 1891 in the hope that it will
result in construction that will give them
some pay for their services. The treasurer
OF Vigo county was selected as the man
to make the test case, the other treasurers
contributing to the expense. In addition to-
the regular attorney of the County Officers
Association. John r. Wilson, it was de-
cided to engage John E. Lamb, of Terre
Haute. to assist in the case. The attorneys
are so confident of winning the fight that
they have agreed to take the case on a
contingent fee.
Under the law Of 1891 the fees provided
by the law of 1879 for treasurers were done
away with and scale of salaries provided.
This law was declared unconstitutional in
the section grading the salaries of treasur-
ers, but was declared constitutional as to
the repeal of the old fee schedule The
law of 1895 provides for salaries. but saws
the treasGrers must collect enough money to
make their fees pay their salary, or no
salary can be paid. There is no provision
Tor fees. The advice of the associations
attorneys, as near as can be learned. is
mat the Legislature cannot repeal a law
that is an absolute necessity, and one that
Is made necessary by the Constitution
without providing new law to take it's
pIace. The office of county treasurer is
created by the Constitution, and IL is
claimed that it is the duty of the Legis-
.dture 10 provide for the compensation OF
the lncumbents. and that there having been
law providing for their compensation the
LEGISLATURE cannot constitutionally repeal
IL without providing a new law. This opin-
ION Is neld by many attorneys, but there is
no authority in the way of decisions to up-
hoId the opinion. 1t is looked upon how
ever, as simply a common-sense view. and
courts.
IL is also argued that the cutting off
"a ta salaries Is a virtual abolition of the
once when 1T is such an office as treas
uTer; winch requires mans time besides
RIaclng heavy responsibility upon him
Inc Constitution did not contemplate that
tredsurers should serve without paw. AS
the oii1ce is created by the Constitution
II would be beyond the power of the L.
lslature TO abolish it, and the cutting off Of
salaries is claimed to be a virtual aboli-
tlon or it. These points were nor hrouob+
before the Supreme Court i'm the % co tpiS
mas recently been decided because until
tndt decision was rendered the facts were
not such as to bring out these questions
II Is the arrangement TO have ali the
counties except Vigo settle with the State
Auultor under protest, and allow Audtor
Daiiy 10 bring suit against the delinquent
treasurer for a settlement. The amount
due under the old law will be tendered
ana or course refused This will bring the
matter TO an issue. II will then he sub
~ Ecu. 10 me court on an agreed statement
OF Iacts, and the case will be taken to the
supreme Court regardless of what the de-
cisioh OF the lower court may be.