Indiana daily times., 1920-03-05

CONTINUED From Page 0ne.)
taxpayer is shown by the state board to
be Illegal by the citation of the following
statutes, which are the only statutes gov
erning the fees which the treasurer may
charge:
sec SSs4a. The treasurer is entitled
TO the same fees and charges for levying
upon and selling the personal property
Of the delinquent as are allowed by law
to zconstabIes for making levy and sale
OF personal property on execution. He
Is also entitled to his expenses for tax
y ing care of the property levied upon.
Sec S55S Fees as allowed to consta-
blas for making levy and sale of prop
erty:
II, For making levy on property. IS
cents.
'.e. For advertising sale of property.
80 cents.
%. For sale of goods, whom value Of
goods does not exceed So. 25 cents.
a. Or all sums above SIS, s per cent.
IS. On all money collected on levy
without sale. One-half of the above com
mission.
"s. For each mile necessarily Travelled
in going and returning to serve process,
10 cents"
The state board Of accounts said on
Sept. %, 1919:
'In all cases where It Is possible 10
learn from the books Of the county treas
ureF Of excessive fees charged, the ex-
aminers Of this department will be re-
auired to charge to the treasurer the
excessive amounts, and wherever possible.
he viii be required to return the money
collected to the taxpayers who paid it,
III any taxpayer cites any overcharge
to us, we will instruct our field examin-
ers to charge the amount to the treas
urer," Mr.. Eschbach said. I'VE will do
everything in our power to stop the prac-
tIee Of collecting excessive fees"
NO LAW FOR
SOME OF FEES.
"There is clearly no law for some of
the fees collected. This is especially
true Of the 50 wagon fee Under no con
sideration can this fee be legally collect
ed unless the wagon actually IS used to
transport goods from the property of
The taxpayer to storage.
SBefore the county treasurer or any
one else is entitled TO a demand fee
there must be an actual personal de-
mand made on the taxpayer The only
costs to which the treasurer or the tax
collectors are entitled are those found
In sec. $3.50, Burns revised statutes, 1914,
covering costs to be charged by con-
stables.
'If any official charges excessive fees
and refuses to return them to the person
who paid them, civil action can be
brought. The law provides that dam
ages of not less than $40 nor more
thsE $50 can be recovered"
NATTER ITO GO
BEFORE COURTS.
Preparations are now under way to
lay the matter OF the collection Of these
unearned fees before the Courts In &C
eordance with the following section Of
the statutes which is said to apply to the
action OF Mr.. Lemeke:
when an accusation in writing vert-
hsd by the oath of any person, is pre-
santed to circuit court, alleging that
any officer within the Jurisdiction of the
court has been guilty Of charging and
collecting Illegal fees for services rem
dered, or TO be rendered, In his office.
OF has refused or neglected to perform
the official duties pertaining to his Of
fee, the court must cite the party
charged to appear before the court at
any time not more than ten nor loss
than I've days from the time the aceu-
sation was presented: and on that day.
or some other subsequent day not more
than twenty days from tho time the
accusation was presented, mus proceed
to hear, In summary manner, the ac-
cusation, and evidence offered in sun
port of the same and the answer and
evidence offered by the party accused
and II. on such hearing, it appears that
the charge is sustained, the court must
enter decree that the party accused
be deprived Of his office, and must en-.
ter judgment for FIVE hundred (s5Oo)
dollars in favor OF the prosecuting Of
ieer, and such costs as are allowed in
civil cases"