South Bend news-times. (South Bend, Ind.) 1913-1938, 1913-11-25
JUSTICES MAY HAVE
SALARIES CUT SAY.
LAW IS CONFLICTING
One Act Provides for Salaries
for Zinky and HiIdebrand, the
Other for Payment on Fee
SyStem-State Office Issues
Order.

The remuneration Of the Office OF
justice of the peace in Portage town
ships stands TO be returned TO the fee
basis if a recent ruling of the state
board of accounts remains unchanged.
Should the change be made Andrew
y. Hildebrand and George w. Zinky,
justices for this township. will receive
approximately S4OO or $500 less than
the annual salary provided. which is
$1,000.
The matter was brought up by
recent examination of the township
trustees books by field examiners from
the state board of accounts. 1t in
wolves the Interpretation Of two acts
Of the last legislature. The local JUS
tices take the position that the acts
are conflicting and that the word
"one" was inserted where two" was
intended, while the state board OF &C
counts holds that one act supplements
the other and they are to be con-
strued together.
Both acts in question were passed
on the same day of the legislative ses-
sion. The first is entitled IAN act pre-
senting the number and fixing the
compensation Of justices OF the
peace" 1t provides that I'm any
lOWnSnlD having q CITY VI llOA 1853 AAAc1h
40, 600 and not more than 100000 pop
ulatiOn" there are to be but two JUS
tees. the fees collected by the justices
are to be turned over to the township
trustee. and each of them, in lieu
thereof shall receive a salary at the
rate of 81. 600 per year, besides 500
for office rent if the county does not
furnish the office.
The second act concerns justices in
townships having lone or more cities
with a combined population of not
less than $4,000 or more than $4,000.
1t provides a salary of 81, 900 year
but attaches a string TO this salary IN
these words: I'm no event shall the
CONDENSATION provided herein exceed
the amount pail TO the township trus-
tee bv the justice of the peace.
The latter act was passed to apply
especially TO North township in Lake
county. There were two cities in the
township and each wished two JUS
tees of the peace. The legislature
granted this demand but, supposedly
to prevent a burden on the taxpayers
of the township. put in the proviso
that no more salary should be drawn
than the amount of fees collected. 1t
is said the justices of the township
are willing to serve on the fee basis
because of the volume of their busl-
ness.
Have instructed hrueScr.
The state board of accounts main
tains that this act applies to Portage
township and instructed trustee
Samuel Kruger TO this effect. 1t
seemed probable that the matter
might find its way into the courts for
judicial Interpretation Of the statutes.
Court action, if taken, however, Will
probably begin on the side of the state
as the Justices, having but one year
more in office, indicated they probably
would not initiate action themselves.
If the state board of accounts hles
suit for the return of the salary IN
stallments paid since the act was IN
effect this action will be contested.
however. Justice Hildebrand said
Tuesday. The salary $ paid in quar-
terly installments and two payments
have been made since the act went in
TO force.
1--WE think there is a conflict in the
two acts and that a mistake was made
in the text Of the one which was pass
ed. especially for North township, Lake
county" said Justice Hildebrand. The
Intention of the legislature seems to
have been that the act should apply
10 townships having two or more
cities with a combined population OF
not less than 5000 or more than 60
600 instead of one or more as the act
reads"