The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-10-09
M'CASLN CASE ARGUED
JUDGE feathers HAS HIS DECISION
UNDER AMUSEMENT.
LAWYER. of Both sides Cite Authori-
t~ies-Receiver for Farm
Other Court Cases.

After hearing the oral argument In the
case OF @. III. McCaslin against Armin -
Koehne, treasurer OF Marion county, yes
terday, Judge Leathers took the case unoer
Amusement until Saturday morning. Inc
argument OF the plaintiff, by MS attor-
neys, ex-Judge Pliny W. Bartholomew and
Charles Remster, on the application OF
their client for a mandate from the court
compelling Koehne TO open the doors or
the treasurer's office to McCaslin, that he
might make an investigation and audit the
books Of the office in search of alleged
campaign material, occupied much Of the
morning. In Judge Bartholomew argu-
ment he stated that McCaslin as a tax
payer had the legal right OF access &c
the books OF the office, and because Of al
legged imperfect accounting he insisted on
permission to go over the books. He ar
gUed that Koehne has no right to exclude
from his office any legal resident of the
county; that 1t is his duty to invite such in
spections, and when application is made to
him for assistance in the prosecution Of
them he should lend all Of the assistance
possible to facilitate them.
Judge Bartholomew said that Koehne's
refusal TO allow McCaslin in the Office and
back of the counters, where he could get
such information as he wished, looked sus-
picious, and that Koehne should be ordered
by the court to not only permit such an in
vestigation, but TO help McCaslin In his
work That the search of the records was
the result OF the Democratic political or
ganiZation's desire for political capital did
not make any difference, and the question
was a purely legal one, he said. He cited a
number OF presidents in this and other
counties to show that as a legal right NC
Caslin was entitled to the writ of mandate.
TrpQGIrpF knahna'g attorney TRnn26 TO
the OF Messrs. Bartholomew and
Remster by saying that II was the duty OF
Koehne on his bond and to the citizens OF
this county to properly conduct his office:
that to properly conduct his office 1t Is
necessary for him to be enabled to make
such office rules as may be necessary; that
when IL is necessary for him to reserve the
limited Office room for the use Of his clerks
and assistants he Is and ought to be legally
allowed to do so. The attorney said that
IL every taxpayer in Marion county wished
access to the books at any and all times,
and every one who thought there was error
In his accounts got the notion to, go into
the office and personally search for them,
the work would be delayed and there would
be no peace for the treasurer. He admitted
the legal right OF McCaslin as a taxpayer
to entrance to the Office to prosecute such
search as he believed justified by his sus-
picions, but he denied the right OF any
citizen to enter the Office for this purpose
when the time was not consistent with the
exigencies of public service. The applica-
ton for admission behind the counter OF
inc treasurer , OmCe, COMING at I0lS time,
Is inopportune for Treasurer Koehne, he
said. The treasurer is now engaged in re-
ceiving the second OF the ~semi-annual pay
ments Of taxes, and the entire office force
is buster than at any other time. =
III there Is anything wrong in Mr..
koehne's accounts, IL there were any spe-
cihc allegation made or even If there was
the slightest ground for a charge of mis-
conduct in Office, the attorney said, there
would be some authority for the court to
issue a writ. but as the case stands and the
only significance to the application for the
writ Is a political one there will be no ex-
cuse for the treasurer being compelled to
violate his own office rules. He cited many
decisions OF other courts showing that it
Is within the province Of a treasurer or Of
any other public officer to conduct his office
III the manner in which his judgment di-
reefs.
The court decided to take the case under
Amusement, and IL is predicted by those
familiar with the case that the application
for a writ of mandamus will be denied.
: The alternative writ of mandamus having
been answered, Mr.. Koehne will refuse to
allow McCaslin in the office until after the
rush Is over,