South Bend news-times. (South Bend, Ind.) 1913-1938, 1918-05-02
CONTINUED FROM PAGE ONE

NCO.N iANUED FROM PAGE On r.
priation Is required by Burns
Stat. Sec. 1862.
3-Because all the work done
for which the &1.485 Is charged.
was performed in advance OF
the appropriation made by the
cosnty council (June 10. 1910.
and approximately half Of IL in
advance OF the declaration Of
indispensable necessity and
making OF contract (Jan. 8,
1s1T).
The county council twice refused
20 appropriate the $500 wanted
by Graham and Houlihan for era
ham & Cranes fees. This was be
tween Jan. S. and June 18th. 1917
hut hearing on June eth, they reaC
some law 10 the council which NJ
one else has since been able 20 find
and the council finally undertook tC
confirm the commissioners action
Notice Left With Auditor.
The notice served on Auditor
ers. accordingly reads:
South Bend. Ind.
May ?. 1918.
The undersigned hereby in
forms the board OF commission
ers OF the county Of ST. Joseph.
ia the state of Indiana. that he
is a citizen and taxpayer Of St.
Joseph county. state of Indiana.
And he further informs the
said board that on Aug. 8, 1917,
the sum Of fourteen hundred
eighty-fve (s1.485.OO) dollars
was paid ont Of the county
treasury Of said St Joseph
county. Indiana. 20 the partner
ship Of Graham & Crane, COM
posed Of Archibald G.. Graham
and George A. Crane, both OF
the city Of South Bend. Ind.
contrary 10 law. and contrary
10 an act Of the general assem-
bly, OF 1899. acts 1899, page
343. and as the same is amended
and modified. The said sum Of
money was paid to said persons
by warrant No. 2O211. The said
sum was paid contrary TO law
and said act for the following
reasons:
That the contract between
said county and the said persons
on which said sum purports 10
have been paid was entered into
Jan. 6, 1917, and that said con-
tract is in the form OF a resolu-
tion adopted by the board Of
commissioners of St. Joseph
county and recorded in commits
sioners record No. % at page
$50. That at the time said con
tract was entered into there was
no appropriation by ordinance
OF the county council for the
\ purpose OF the obligation at
! tempted 10 be incurred:
That a large amount Of the
services which were performed
by said. persons and in compen-
sation OF which said sum was
paid. was performed by said per
sons voluntarily and during the
years 1915 and 1916 and for
Thich there was no contract or
agreement whatever between
said persons and the said board
Of commissioners of St. Joseph
county binding said county or
authorizing said persons 10 per-
form said services; that said
persons we're not public officers
Of the said county, or any town
ship. of the state or any other
subdivision thereof, and Wee
not required by law 10 perform
said services.
Therefore, I respectfully de-
mand that your board OF COM
missioners Of st. Joseph county.
Indiana. institute a suit. or
cause the same to be instituted.
to recover in the name OF the
state OF Indiana, on relation OF
the board Of commissioners Of
ST. Joseph county, against said
Archibald G. Graham and
George a. Crane. "a partnership
composed of said persons and
doing business as Graham &
Crane. said sum OF money.
which was unlawfuly paid 10
them out OF the county treasury
OF st. Joseph county.
In witness whereof have
hereunto set my hand this
second day OF May. 1918.
JOHN HENRY ZUVER.