The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1907-11-22

WAYNE county, consulted with Attor-
ney General Bingham at indianapolis,
regarding what seems to be the embar-
Yassment of certain cities by conflict
of the cities and towns law and the de-
pository law. The treasurer is re-
qnired to deposit daily all funds COM
ing into his hands, but can not draw
out the city's funds except at the time
OF the semi-annual distribution OF tax
es. Some way of meeting the current
city expenses under this condition of
affairs is desired Mr.. Bingham asked
Mr.. Newline to send him a written
statement OF the case, and promised to
give him an opinion then. Treasurers
in other cities of the state are making
the same complaint.
The indianapolis News editorially,
says on this subject:
1t seems to us that certain city Off
GERS show needless alarm over sup
posed defect in the public depository
law. The question raised, Is, OF
course, one for the lawyers, and yet
it does not seem to be difficult. The
only cities involved are those whose
treasurer is also county treasurer. as
in the case of indianapolis. The law
requires that such officer shall make
daily deposits Of all money received by
him, and that all taxes collected by
the county treasurer shall be deposited
as one fund in the several repositories
selected for the deposit of county
funds. until the same is distributed at
Pal al ,ih hnf iS,,
made by the county auditor. The
theory is that. under this provision. the
cities will not be able to draw on the
taxes due them oftener than once in
six months. Obviously such a restric-
tion might be very embarrassing 1t
is certain that the Legislature had no
thought of thus hampering the various
municipalities. no purpose whatever to
do 50. AS a matter of fact, did it do
so? Immediately following the words
quoted above are these words:
And no such officer shall draw any
check upon any such depository for
any purpose except for the payment of
warrant drawn by the Auditor of
state. or warrant or order drawn by
the county auditor, or the proper Off
Ger Of city, town, or school city, or
school town, or in payment OF a legal
claim against township or school
township. *All the warrants and
orders for the payment of public mon
ey, excepting state and township
funds shall be drawn by the proper Of
ficsr upon the proper treasurer and to
each warrant and order. when drawn,
may be attached a readily detachab Bile
slip, showing the number. date and
amount, name of payee, the purpose,
the fund upon which it Is drawn. and
the name and Office of the drawer.
Such warrants and orders shall be pre-
sented to the proper treasurer. who
shall detach and retain the slip, and
stamp upon the warrant or order the
name OF the depository by which such
warrant or order is payable. and cOun-
tersign the same, and no warrant or
order shall be effective until so stamp
ea and countersigned: Provided, how
ever, that the said treasurer. when
such warrant or order shall be pre-
sented for stamping and countersign.
ing. may after stamping and counter
signing the same. for convenience Of
The person presenting the same, pay
the amount thereof to such holder
presenting the same and take an as
signment of such warrant or order and
deposit the same in proper depository
in lieu OF the cash so paid out to the
holder of snch warrant or order
It seems to us that these provisions
cover the whole ground. Under the
law as 1t now is the city controller
draws warrants or orders on the city
treasurer-who is also the county
treasurer-and these are honored by
the officer on whom they are drawn.
This, as we view the case. may be done
indeed must be done. under the new
law. For in providing that no treas
urer shall draw a check on a public de-
pository except for the payment of Z
warrant drawn by the proper officer of
the city" it also provides that he must
draw a check in payment of such war
rant. The law in truth goes even fur
ther and provides that the treasurer
may pay such properly drawn warrant
in cash. turning in the assigned war
rant to the depository as cash The
p!pNlslou tlidt lueIe shall ne Only the
usual semi-anuual distribution of tax
es does not, as We think. conflict with
the provisions that We have set out.
Pending the distribution the treasurer
may honor checks drawn by the proper
offieer. in the ordinary course. aud ac-
cording 10 law. out of whatever funds
he may hold on deposit against which
the checks are legal and proper
charge. When such check is drawn
by the proper officer Of city'-in
these cases the controller it seems ID
us that the treasurer must honor it.
Fairly construed we can see no con-
tradiction In the new statute. Though
all taxes collected must be deposited
Al one fund, aud kent as such till tha