The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-05-03
TEST OF SALARY LAW
MADISON COUNTY CASE REACHES THE
SUPREME COURT.
Alleged Unfairness Of the Act To-
wards Officers Of Certain COun-
ties Set Out.

The suit of the County Officers Associa-
ton to test the constitutionality of the fee
and salary laws of 1891 and 1895 yesterday
reached the Supreme Court. The suit comes
from Madison county and was brought by
the County Commissioners against Moses ID.
Harmon. who was county recorder from 1894
to 1898. The petition states that he collected
S24, 740.6S as fees during his term OF office
and paid into the county treasury 81, 456. so.
leaving q balance unpaid of $.2S3.1S, for
which the commissioners ask judgment.
The attorneys for the defense are ex-
Judge McCabe, Charles l.. Henry, Byron
McMahan and James A. Van Osdol. In the
answer they state that all fees were paid
under protest because they deny the con-
stitutionality Of the fee and salary laws of
1891 and 1885 on two grounds. They are local
and special in their natures, it Is claimed,
and do not grade the compensation of Off
GERS in proportion to the population and
services required. From the taking effect
OF the act OF 1891 Madison county increased
In population from 1900 to 5000 when the
act of 1895 went into effect. and it now has
70, 600 inhabitants. The work of the auditor
and recorder las increased 40 per cent, and
of the other count officers 30 per cent.
Grant county increased from 10000 popula-
ton to 1000 population. end then to $1,000,
while the work Of the county officers in
creased 20 per cent. Lake county grew
from 1000 to $1,000. and then to 10000, and
the work of the county officers increased
rs per cent. There were like increases in
Blackboard, Jay, Vigo. Vanderburg and other
counties. The answe states that there have
been no increases In Bartholomew. Decatur,
Martin, Brown. Dearborn, Clark, Crawford
and other counties. In Over county alone
the work of the auditor has increased 90 per
cent. and Of the treasurer and recorder %
per cert. In Pulaski and White counties
the work Of The auditor has increased Is per
cent. and Of the treasurer and recorder 10
per cent.
operate with unjust Partially and unequal
ity among county officers. They fail to
comply with the constitutional requirement.
that local or special fee salary laws shall
grade the compensation of county officers
In proportion TO the population and serv-
ices. MIR. Harmon says he has collected
twice as much money as necessary TO pay
his salary and he is allowed but so cents
for mortgages, while other recorders are
allowed 81. He performs twice the service
for the same amount of money. The answer
furIner says that the acts make an un-
founded and unconstitutional classification
of county officers, exempting one class from
it's operation and thereby denying 10 a part
of the county officers the equal protection
Of the law. AS an instance. when the law
of 1891 went into effect the recorders of
Henry, Grant and Wayne counties as well
as in other counties, were in office and were
held to be exempt from the provisions or
that act. although it applied TO those who
went into office later. The commissioners
filed a demurrer to the answer which vas
sustained by the lower court and judgment
In their favor was rendered for $3,2S3.7S, and
the case was appealed by Mr.. Harmon.
Ex-Judge Mcbride will file his brief to-day,
and it is expected that the case Will soon
be submitted to the court.