The Richmond palladium. (Richmond, Ind.) 1906-1907, 1907-01-11

the remaining 100000 within six
| months thereafter The necessities OF
the state absolutely require the com
pletion of the institutions now under
construction within the coming bien-
NAL period. The emergency is SO
great that | cannot urge upon you too
| strongly the importance of making
| adequate provision therefor
DefaIcation in State Offces.-Tn the
latter part Of August, 1905, the exec
utive was advised that the auditor
of state had failed TO make the semi
annual settlement with the treasurer
of state due July 1, 1905. Upon inves-
| tigation il was learned. through the
/ admissions of the auditor himself,
i that he was short in his accounts to
| the extent of s145, 600. Settlement
was demanded, and later the auditors
! resignation. September, IA, 1905, he
resigned Warren Bigler was immedi-
| ately appointed TO fill the vacancy
/ and suit was promtly begun upon the
1 official bond of the ex-auditor. The
amount of the admitted defalcation,
the magnitude of the public business
passing through the Office and the
lack and necessity of accurate infor
nation touching the condition of the
office impelled the executive to ap-
point a commission TO examine and
Investigate it's affairs.
From the report of this committee
1t appears that Mr.. Sherrick's defal-
cation, principal and interest, aggre-
gated on the day of his resignation.
s154.S9678. On March /, 1906, final
with in
to that date, the total amount re-
turned to the state treasury, principal
and interest, being 1856, 36731.
Subsequent TO his resignation Mr..
Sherrick was indicted, tried and found
guilty of embezzlement and sentenced
and committed to the state prison.
On November 1e, 1906, the supreme
court of the state reversed the judg-
ment of the Marion criminal court.
In which the case was tried, for error
of law occurring at the trial. Mr.
Sherrick is now at liberty on bond
pending a re-trial of the charge
against him. 1t is an unconscionabIe
miscarriage of justice that a public
officer charged by the law with the
duty of receiving reports showing the
amount Of taxes due from the insur-
ance companies to the state and of
auditing Them and with the further
duty of bringing suit to recover from
the companies the taxes so reported
where they fail to pay them into the
treasury, and who issues written
notices to the representatives of such
companies containing garbled state
ment of the law made to read so as
to require the payment of the taxes
to him, and who, pursuant, to such
notice, receives such taxes from the
companies over the counter of his
office. receipting for them as auditor
of state, should go acquit on account
of technical if not fictitious owner
ship. And that it may never occur
again in the state of Indiana, l rec
ommend that you enact statute, the
terms of witch shall clearly make I,
embezZlement for any public officer |
to convert to his own use money re-
ceived under color of his Office, while |
acting under claim of official authori- |
ty, no matter in whom the technical
legal title thereto may be held to
vest
In its investigation the committee
found inaccuracies. in the way of
overdrafts. in the accounts of the adj /
jutant general, John r. Ward, running
from May 10. 1908. to Jan. 6, 1905, +
and aggregating s976.75. Upon re- +
ceipt of the evidence in the case I {
demanded the immediate resignation
OF Mr.. Ward and the payment of the
sum of the overdrafts. The demand
for his resignation was promptly COM
piled with, and the overdrafts were
paid within a few days thereafter.
General Oran Perry was appointed to
the vacancy.
Inaccuracies in the reports made
to the auditor of state by Secretary
of State Daniel f. Storms, discovered
by the committee, led subsequently
to the disclosure of the fact that the
secretary had sequestered fees due
to the state and missapplied certain
funds appropriated TO the Office of
secretary of state for public purposes,
by converting them to his own use.
The committee was Immediately di-
rected to examine the books and ac-
counts of the office of secretary of
state, but upon appearing a. the Of
flee to take up the work they were
refused permission to examine or see
any of the books or accounts of the
office. The executive then addressed
to the secretary demand in writing
for full information touching the con-
dition of the affairs of the office of
the secretary of state. This the sec
rotary declined to give. Thereupon
the encouragement brought suit in
the superior court of Marion county
to remove the secretary from Office,
charging him with the embezzlement
Of public funds and malfeasance in
office.
The statute under which the pro-
seeding was brought was held invalid
oy the court. Having failed in the
courts to secure the removal of the
secretary. the executive was about to
the Sixty-fourth general as
'embly in special session. for the pur-
,ose of asking his impeachment, when
lie resigned. The committee immedi-
,tpIv took DOSSeSSio4, of hooks and |