The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-09-21
Democratic Candidate VIII Open His
Campaign i'm the Eighth Ward ON
Wednesday Night.
HITZ ASKED TO WITHDRAW
KEACH'S SCHEME TO SECURE VOTES
FOR DEMOCRATIC CANDIDATE.
The Effort, However. Will Not he Sue
cessful-PrOpOsitiOn Said to BE
Approved by Ants.

John w. Holtzman, Democratic candidate
for mayor of Indianapolis, will open his
campaign formally Wednesday night of
this week at meeting in the Eighth ward
at Massachusetts avenue and Bellefontaine
street His keynote, it is announced au-
thoritatively, will consist largely of an at
tempt to answer Mayor Bookwalters open
ing speech and an arraignment of the ad-
ministration. In fact, it is anticipated that
he will pay so much attention to Mayor
Bookwalter's record that he will entirely
overlook his own official record
Mr.. Holtzman 3erved as prosecuting at
torney of this city for two terms of two
years each, 1880 to 1894, and it is an in
teresting phase of his record in that Office
that he filed claims against the county and
received allowances for additional COM
pensation prosecuting attorney amount
ing in all to $1,000, over and above the
salary provided by law. He made affidavit
to each of the five claims, and it is the
opinion of prominent attorneys, both Dem
ocrats and Republicans that in so doing
Mr.. Hoffman laid himself liable to prose-
cution.
Mr.. Holtzman first elected prose-
cutting attorney in November, 1890, for the
term of two years beginning Nov. %. 1890.
In November, 1892 he was reelected for the
term beginning Nov. %, 1892. During his
first term Mr.. Holtzman filed no claim
against the county, as shown by the county
records But N less than thirty days after
he was elected the second time he began
to file claims against Marion county for his
services as prosecuting attorney On Dec.
2. 1892, he filed claim for $1,000, sworn
to by himself, which is in this form:
Marion County, Indiana-To John w.
Hoffman, Dr.-For services prosecuting
attorney from Nov. -, 1890, to Nov. %,
1S92-$l,0 900"
Mr.. Hoffman subscribed and swore to
this claim before Thomas Taggart, the
then auditor of Marion county. This claim
was allowed by the County Commissioners
mssioners Record %. Page 37S), and Mr..
Hoffman received from the county the full
SUN of $1,000.
HIS SECOND CLAIM.
On the 4th day of August, 1898, Mr.
Holtzman filed a second claim against the
county in these words: Marion county.
Indiana. to John w. Hoffman, DR.. For
services prosecuting attorney in the
Criminal Court of Marion county from
Nov. %, 1892, to May %. 1893, $780," This
claim was allowed Oct. q, 1893. (See Com
missioners' Record so, Page IO5)
On the 9Th day of February, 1894, Mr..
Holtzman filed a third claim as follows:
Marion county, Indiana, to John w. Holtz-
man, DR.. To services as prosecuting at
torney In the Criminal Court of Marion
county from May %, 1893. to Nov. o. 1899
$50. This claim was allowed Feb. g. 1894
lSee Commissioners Record 80, Page 1877
On the twentieth day of November. 1894
two days before his second term expired
Mr.. Holizman filed fourth claim against
the. county for $500 for services as prose
cutting attorney in the Criminal Court OF
Marion county from Nov. o. 1893. to Nov. 2a
1894. This claim was allowed on the same
day it was filed. Record 80, Page, 476.)
On the same date Mr. Holtzman fiIad :,
TO services in the prosecution of Parker
and McAfee in Johnson county on change OF
venue from Marion county $500" This
claim was not allowed i'm full. the com
misSioners cutting il to $780, (Record 20
Page 476)
For this last claim it is conceded that Mr.
Holtzman cannot be criticised, except for
the amount asked, provided that the Coun-
~ Commissioners had employed him 10
go to Johnson county to assist in the prose.
cution of that case. The law does not re.
quire the prosecuting attorney to follow a
case TO another county on a change OF
venue, and the County Commissioners might
have employed Mr.. Hoffman or anv other
attorney TO do this work. However. there
is no record showing that the commission
erS had employed him i'm this instance n
is inferred that Mr.. Hoffman followed the
case to Johnson county of his own yOlition
and then put in the bill against the county
for such extra services.
WHAT THE LAW SAYS.
However, it is claimed by ATTORNEYS who
have gone carefully into the law that Mr.
! Hoffman had no more right to file claim
against Ma rion county for his services as
prosecuting attorney in this circuit (suct
as the first four claims) than he would
have had TO file claim for such services
against any bank business establishment
in this city. The law provides expIicitl,
how the prosecuting attorney shall be pait
for his services. He is paid $500 per yea,
salary from the State treasury and in ad
dition he shalr receive certain fees fror,
parties successfully prosecuted by him
When he filed claim against the count,
for additional compensation for his serv
ices as prosecuting attorney. whether i'm tn,
Criminal Court or any other court he wa:
doing "A thing for which no law provide:
and which he had no right TO do. When n,
took the money from the county treasur,
he took that which belonged to the people
rot to him, and to which he had not tn,
shadow of just claim. Not only had h,
no right to file these claims or to take tn,
money from the county, but the statutes o
Indiana make il criminal offense for hin
TO do so, and the same laws were in fore,
and effect during all the time he was IL
Office.
Section 20ls, Revised Statutes of 1881. pro
vides that ''any officer under the Constitu
tion or laws of the State, who by color o
his office asks, demands or receives any fe,
or reward other than as allowed by law
/ TO do his OffipfaI d,tu
shall upon conviction be fined i'm any sun
not more than 500 nor less than $40 an,
for "a second offense shall be imprisoned il
the State prison not more than three year
nor less than one year.
Section 2205. of the same statutes pro
vides that any person who files u false o
fraudulent claim against county shall
upon conviction be imprisoned in the Stat
J uQre than fourteen no