The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-01

bill as it has ever since remained in the
custodian. appears with reference to said
Section SO In manner and form as hereit
last above set forth.
ant William r. Myers, such Secretary
of State. is the custodian of such original.
as such custodian; that the defendant Henry
Nicer was elected at the general eie- -son
held in 1892 to the Office OF treasurer OF
from and after Sept Is, 1898: and the de
PENDANT John Marshall Wilson was at ii,e
flee for the period of two years from slft
after Sept. 10. 1895; that the deceu la1L
in the year 1891. was duly liis electe@ me :
corder of Shelby county for the periOt ~
four years. from and after Nov, !, vs.;
election duly elected auditor of said sl1slby
county for the period of four .a.'s from
William E. Shilling was likewise, at saii
last named election, elected as recorsier or
smtS w eeun Elected the fa af Tsrd
county; the defendant Sterling r.. Holt WAS
elected at the general election in 1892 as
treasurer for period of two years com
mencing on Sept. T. 1893 and the defendant
Schmidt was, at the election in 1894, elected
two Years, commencing enc on sept. l. iss5; and
said last named county officials and each
of them are claiming and giving out that
said act of 1891 was and is unconstitutional,
imperative and void so far they and each
OF them are concerned, by reason of the
of said enrolled act no provision whatever
is made for the compensation of the auditor.
Shelby, and because Of that fact said act
of 1891 is unconstitutional so far as it af-
fe r either or any Of the auditors treas Ta
ana elected subsequent to the passage OF
said act.
A CHANGE WAS MADE.
plaintiff AYERS and charges that while it
is true that said enrolled act it now
appears of record in the office of the Secre-
tary of State is as hereinbefore set forth.
and does not make provision for the COM
pensation salary of the auditor, treas
urer and recorder of Shelby county, vet
such omission to make provision for said
officers and to provide the salary and COM
pensation for them and each of them re-
suits by reason of either the gross care
lessness, the mistake and inadvertence of
the clerk whose duty lit was to correctly
enroll said bill No. 275 in manner and form
as the same had been engrosSed and passed
as herinbefore set forth, or by reason of
the fraudulent substitution of a false sheet
in said enrolled bill, upon which the COM
pensation FOR auditor. treasurer and re
knowingly and designedly omitted in order
that the said bill enacted by the
General Assembly might be and be held to
be unconstitutional affecting said Off
GERS in Shelby county and other similar Off
not able at this time to state with definite
ness and certainty the manner in which said
attempt was contaminated, but shows that
whether said omission was procured and
obtained by the carelessness and neglect of
the clerk charged with the copying was
the result of fraudulent substitution for
that purpose and to thai end the effect of
such omission. or mistake, such fraud
ulent substitution, is identically the same
and constitutes fraud upon the State of
Indiana and upon each and every county
within the State, with the result of having
the law which, as passed and as intended
to be passed by said General Assembly, was
constitutional and valid, to be unconstftu-
tional, invalid and imperative, and to de-
prive thereby said several counties of the
revenues. in and by said bill provided for
them and due to them.
Plaintiff therefore prays the court to
inquire into the facts herein set forth and
to ascertain and determine in what man.
petrated. That said enrolled act as it now
appears of record and in the custody of
said defendant Myers be reformed, purged
OF its unconstitutional features and restored
to the manner and form in which it
passed by said General Assembly, and that
said Section SO of said act be- adjudged and
decreed to be in the words and figures fol-
lowing: Section 80. In the county of Shell
by the annual salary of the clerk of the
Circuit Court shall be twenty-three hundred
dollars, of the auditor twenty-five hum
dred and fifty dollars of the recorder thir-
teen hundred dollars, of the treasurer TWEEN
ty hundred and fifty dollars, and of the
sheriff twenty hundred and fifty dollars
And that the enrolment in that respect be
corrected and reformed.
by reason of their interests in said liti-
CATION said plaintiff makes defendants here
in the parties above named others than the
defendant William r. Myers, buE does not
make the recorders treasurers and auditors
in the various counties throughout the
State parties defendant hereto, inasmuch
as the questions presented to them will
be ddentically the same and their interest
is not otherwise different from that of the
defendants hereto, and plaintiff prays for
such other and further relief may to the
premSeS''