The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1907-12-05
This Has Been Decided by At
torney Gen. Bingham Who
Has Handed Down a DeciS-
ion on the Depository Law.
CHARLES NEWLIN ASKED
FOR THE RULING.
The Opinion Rendered Will A.
feet All Cities in Indiana
Question Has Been PuzzIing
To Officials Over the State.

James Bingham, attorney-general,
has given an opinion on a section of
the depository law which has puzzled
officials all over the state and on
which Charles Newlin, deputy Wayne
county auditor asked an opinion. 1t
is that section of the law which re-
lates to the payment OF city funds by
the county treasurers. 1t was thought
by some that the new law would pro-
hibit the payment of funds to the city
by the county treasurer oftener than
twice a year when the semi-annual
distribution to the different funds is
made. The Acknowledgement holds
that the law does not have this effect.
He says that the depository law does
not repeal that part Of the law of
1905, which provides that such funds
may be paid over monthly. The con-
structiOn of the law in this respect
has been of great concern to city Off
cials because they do not understand
how the city could be maintained
without money for a period of six
months.
relating to this subject is as follows:
''All taxes collected by the county
treasurer shall be deposited as one
fund in the several repositories Sc
lected for the deposit of county funds
until the same is distributed at the
following semi-annual distribution
made by the county auditor"
Purpose of the Law
The evident purpose of this por-
ton of the law" says the attorney
general was to give the single fund
moneys composing it rather than to
require that this fund should remain
intact until the following semi-annual
distributions if the latter were the OBJ
ject of the law it might greatly en-
barrass cities during the six months
succeeding the collection of taxes. In
other words. the interest upon all of
gregate fund until the separation into
school fund, township fund, etc. oc-
ours in January and July. In the
meantime, the principal upon which
such interest is calculated may be
reduced from time to time as was
provided for in the act of 1905, which
reads as follows:
"On the first day Of each month
he (the county treasurer) shall receipt
to the controller of such city in cities
in which such office of controller has
been created and to the city clerk in
all other cities for the amounts col
lected by him as aforesaid for the pre-
ceding month. itemiziug the moneys
so by him collected which amounts
so receipted for, shall at once be avail
able for such city's use. In cities OF
the fourth and fifth classes and in all
other cities which are not county
seats, such county treasurer shall pay
over such amounts to the city treas
urers of such cities respectively
My opinion, therefore, is that the
depository act does not repeal that
portion of the town and city code last
above quoted
The encouragement also holds that
the county treasurer shall receive his
6 per cent. fee for the collection OF
delinquent taxes at settlement time
The law provides" SAYS the attorney
general, that he shall receive this
| money as an addition to his salary
and it should be paid 20 him by means
of a warrant drawn by the auditor
exactly as the rest of his salary would
be payable. He should retain the
per cent fee at the time he deposits
| such taxes"