The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1910-12-02
Question as to Whether Full
ghum or Mathews Shall
Serve Until First of Year
Serious One.
ATTORNEY-GENERAL
WILL MAKE RULING
County Auditor and Treasur-
er Referred 1t to Secretary
of State, Who Cannot Of
fer Any Opinions.

County Auditor Coe, and County
certain whether J. c. Fulghum. the
incumbent, or William Matthews of
Centerville, county assessor-elect, is
rightfully entitled to hold the office of
county assessor until January J., in or
der that they will be fully protected
in accepting assessments and making
disbursements to that official. recent
ly asked for an opinion in the matter
Of the Secretary of State. Lewis Ell.
ingham. In letter received from
that official he admits the importance
of the question. but withholds his de-
cision until he has heard from the at
torney-general, who now is in posses
sion of all facts as presented to the
Secretary of State by Mr.. Coe.
Both men have commissions to
serve as county assessors and it may
be readily seen what trouble this
might cause in accepting assessments.
for example. II the State authorities
should hold that the illegal official
made the assessment, then the assess
ment would be declared void in legal
proceedings. If the county treasurer
and auditor caused to be paid to the
wrong man, the salary which goes
with this office for the period from
November Is to. January /, then the
county officials who made the pay
ment would have TO stand coed for it..
Both Advised to Hold Office.
AS both Mr.. Mattheys and Mr., Fulg-
hum have been advised they are en-
titled to the office, the county officials
decided it would be best to put the
question UP to the State officials and
abide by their action. Neither Mr..
Coe nor Mr.. Albertson have any per-
sonal interest in the matter, further
than that they want to protect them.
selves.
Four years ago William Marine was
elected to the office to serve four
years. His health failed and he re-
signed. J. c. Fulghum was appointed
county assessor by the board Of coun.
ty commissioners, about sixteen
months ago. His commission from
the governor did not specify the time
he was to hold office insofar as any
particular date was concerned. 1t
simply stated that it was for the un.
expired term of Mr.. Marine. There is
State law, however, which says that
in instances of this kind, the assessor.
elect shall assume his office as soon
as he receives his commission. Mr.
\ =,
IS, received his commission from Gov.
ernor Thomas r. Marshall, gave bond
! for $4,000 and otherwise made ar
rangements to take the office.
At first Mr.. Fulghum was Of the
opinion that he had TO relinguish the
office. but was advised by attorneys
differently and finally called up the
Secretary of State over the long dis
tance phone In this conversation
Fulghum was told to stay in office un
til January /. This was mere off
hand opinion, however, and the coun
ty officials were not entirely satisfied
| Both have commissions for the of
flee. Mr.. Matthews doesn't care
whether he begins now or on January
1. However, his personal desires de
not enter into the matter as the coun
ty officials who have to transact bust
mess with the county assessor want t.
know just where they stand for theiI
own protection. Mr.. Fulghum II
Threatening to certificate assessment!
on sequestered and new taxables. i
is understood. which former tax ferre
Lowe discovered but was not permit
ted to record. The auditor and treas
urer will not accept these certificate
of assessment until they know tha
Mr. Fulghum is properly acting al
assessor