Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-11-19

in one day. The indictment against Or.
Devine reads in part as follows, ana
that against Mr.. Northup is similar:
The said w. S. Divine on or about
| the Sd day of November, a. d. 1901, IN
the county aforesaid then and there
being u county officer. to-wit., mem
| Der of the board of commissioners OIL
insanity, in and for Marshall county,
Iowa, duly and legally appointed there
to by Obed Caswel, a judge OF the
district court of said county. and then
and there acting as said officer, ala
then and there unlaw fully, corruptiy,
wilfully extensively and by color OF his
office, extort, demand and receive OF
and from said Marshall county $f3,4V
as and for fees and compensation due
him for services performed by
him on one day, viz: The 2Sth day OF
October, 1901. 9 I" 8 whereas. in truth
and in fact, the lawful and legal fee
and compensation for said services so
performed on said 2Sth day of Octo-
Der, 1901, was the sum of $500, and
no more, contrary TO and in violation of
law and against the peace and dig
nifty of the state of Iowa, and to the.
CIV IL SNiiIlJlS VI Gil OliASAo ~ 'AiN~ Ne%~SS
offending.
DIR. Devine, who is on a hunting trip
into the wilds of Minnesota and beyond
the reach of the mails and telegraph. Is
not yet aware of the investigation and
Indictment. Mr.. Northup. who is an at
torney, says the law contemplates that
the commissioners shall receive one
days pay for each case investigated,
but that the grand jury put different
construction ON the section of the code
relating to the commissioners fees. In
these cases County Auditor Hargrave,
Clerk knisely and Treasurer c. IA.
Smith appeared before the grand jury
as witnesses.
THE SHERIFFS FEES.
The indictments against Sheriff Shoe
maker and Sheriff Mcpherson are
similar and are for making alleged ex-
tortionate charges for taking insane pa
tients to the asylum at Mt. Pleasant, for
which they charged SIS when the grand
jury says they should have drawn but
$14 One of the deputies who was in the
sheriff's office during several admins
.trations, says the fees were similar to
those charged by all the previous sher-
ifs, except that in the last year of
Sheriff Mills term the supervisors
sought to retrench in the sheriff's office,
and the present schedule was one
agreed upon by the board Of supervis-
ors Auditor Hargrave, NJ. S. McFar-
land and Treasurer Smith were the Wit
nesses before the grand jury in these
cases.
The particular case for which Sheriff
Shoemaker was indicted was the taking
Of two insane patients to Mt Pleasant
and the bringing back of another pa
tent who was ordered returned here. As
the sheriff's fees are $4,000 per year and
all above that amount are turned back
to the county treasury. and as the sher-
ifs office at the present time has
enough fees to pay that salary and turn
over a balance to the county, 1t would
make little difference to that official
whether he charged thirty-five hours or
not In the instance cited one of the pa
tients was Story county charge, and
unless the sheriff had filed his bill With
the supervisors Marshall county would
have had no means of recovering the
expenses entailed from Story county. In
regard to his Indictment Sheriff Shoe
maker said:
II have been 1ndlcteu lor an over
charge Of $14 in fees. 1t has been 4 rule
OF the office. established by the super
visors, to allow thirty-flve hours. or
three days. for taking patient to the
hospital. and allowing a fee OF s14, or
thirty-five hours at 40 cents per hour.
took two patients to Mt Pleasant on
one trip and brought one back. Now the
to be determined is, am al
lowed a fee for taking two down or one
down and one back.
DEMAND IMMEDIATE HEARING.
Sheriff Shoemaker and Commissioner
Northup have demanded immediate
hearings of the charges brought against
them, and hope to have the cases dis
posed, of this week. and perhaps in two
DAYS. What the desires of the others are
is not known. as they are all absent
from the city today.
Attorneys disagree as to the erect OF
the indictments on the official acts OF
the officials. and while some have held
that an indicted official is suspended
from office temporarily. others say not.
County Attorney Stone holds to the lat
ter view.