The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-11-25

CONCLUDED FROM FIRST PAGE) 2
the commissioners should avoid errors in
the future. The laws the subject are
many and decision on the meaning of
some of them and the construction to be
put on all of the sections. is necessary, he
says.
County Commissioner Thomas f. Spaf-
ford said yesterday that he does not believe
there has been any illegality In any or the
allowances All of the warrants for the
sums named in the complaint were on good
authority he thought, and the commission
were justified in making the allow
ances. The advice of the county attorney
was used in each case and he is sure that
there has been nothing done not justified
by law. Mr.. Spafford said that IL the
county commissioners have been wrong he
would be glad to have il so decided, as in
the future an Interpretation of the law by
a competent authority should be followed
as a precedent. so as to preclude ante-elec-
ton stories and finally decide the rights of
the Board in the matter.
WANTS THE SUIT FILED.
County Auditor Harry B, Smith said yes
terday: 81 want the suit to be filed. This
talk has gone so far that the only possible
way to stop it and settle it for all time
to come is by a decision from the courts
which will clearly establish my right to all
the sums / have received. For plating
and indexing and other services to the
county have been remunerated for mon
eys | have paid out. In compliance with
the law L have caused to be filed all of the
contracts for the work in the commission
ers' court: For postage. the. allowances
made me have been legally due and there
should be no question over them. The law
authorizes my pay as a member OF the
Board of Review. 1t makes provision and
stipulates the salary of each member of
the board and names me as a member. II
does not say that / shall not be paid and
neither can my membership of that board
be construed as one OF the duties or the
auditors ofiice-it is entirely independent.
I'm the election expenses for which /
have been accused of illegally drawing
money | will say that all of them are 10
reimburse me for money / have paid out.
The small and incidental bills in the prep
aration for elections have come TO me and
/ have paid them, secured receipts for the
money and later been given warrants on
the county treasurer in payment for my
expenditures The money has all been paid
out by me TO avoid confusion in the office,
to lessen work all around and 10 expedite
the business of the Office There is nothing
wrong in any of the accounts, and / am
legitimately entitled to every dollar l have
been allowed.
of Marion county is compelled 10 pay out
of his own fund-his salary-for the plat
ting and indexing done during his term he
will not realize anything from the Office.
He exhibited a number of plat books worn
out and old which were unserviceable and
replaced by him. He said that If he had
TO pay for ali OF the work he had caused
TO be performed in the office his salary
would not amount 10 much.
The exact date which the suit will
be filed is unknown but IL Is understood
that when Ii is filed il will be placed on
the calendar for immediate trial. IL is
highly probable that the case will not rest
with the county courts, but will go on an
appeal TO the higher courts for construc-
ton of the laws by that tribunal Suits
against Sterling r. Holt and William III.
schmidt. formerly treasureys of the county.
arc now awaiting the decision OF the APP
pellate Court.