South Bend news-times. (South Bend, Ind.) 1913-1938, 1920-08-04
CENSUS FOR
COUNTY MAY
CAUSE SUIT
Salaries of County Officials
Supposed to Increase With
Population.
LAW IS PUZZLING.
Litigation May be Necessary to
Get Ruling on Bill, Says
Attorney.

Announcements Of St. Joseph
county's population under the 1920
census as 03,3O4, a gain of 1892.
or 22.5 percent. is the beginning Of
q legal tangle which bids fair 10
reach the state supreme court be-
fore it is settled. This was indicat-
Cd by an interview with Stuart Mac
kibbin. county attorney. following
arrival OF the telegram from Wash
ingtOn. Passage OF senate bill 352
I'm the recent special session Of the
legislature, designed 10 clear mat
ters. only makes them more mud
died.
According 70 the statutes. certain
changes in the salaries Of { number
OF county officials depend upon the
census. These acts alone are suf-
ficlent basis for a lawsuit. il seems,
because they set forth that the sal
ary shall be set according to the
last preceding United States census -
The federal statute on the 1920
census says IL shall take effect jan
nary L, 1920. Is this preceding
the calendar year OF 1920 during
which salaries must be paid. or does
the preceding" clause mean that
the salaries are not TO be changed
until 1922 That Is the problem
which Is puzzling local county Off
cials today.
Law May Not Stand.
Only q few days before adjust
ment the special session of the leg
lslation Eassed senate bill 352, in
tended. II was said, TO affect only
Lake county The title indicates
that the bill provides that in no
county OF the state shall salaries be
diminished BY reason Of changed
census figures; the body of the law,
however. provides that salaries are
not TO be changed either TO more
or less by such census change. I'm
der previous rulings OF the supreme
court. any provision Of an act which
is not mentioned in the title is not
valid. and the act applies only in
sofar as its provisions are contained
In the title. This would seem TO in
licate that St. Joseph county is not
Effected. since there will be no dim
lnishing OF salaries. but suit viii
probably be necessary to obtain
ruling.
. According 20 an act Of 1913. the
salary OF the auditor Of St Joseph
county is $500. An act Of 1911
sets the salary OF auditors In coun-
lies of from 10000 to $50. O.00O-St.
loser his new classification ~ at
10000 per year This would indi-
-ate an annual increase OF $4,000
Tor Clarence Sedgwick. To deter
nine whether this increase takes et-
feet this year is worth $500 20 him.
and litigation may therefore ne re1-
sonahly expected. although Mr..
Sed zwick has said nothing To indi-
cate what he will do.
Commissioners InClndcd.
m =
are I'm line for increase because OF
he new census Under existing
avs. commissioners in counties
from 20. 900 TO 5000 are paid ST.
500 per year: those I'm counties Of
rom 10000 20 $50. 900 receive So
700 yearly. The question c. the APP
alication OF last preceding United
states census also arises here. and
$500 a year 20 three men may also
force the question into court.
Furthermore. In counties over
100. 600. the county coroner IS paid
A salary OF 5000 a year, while in
smaller counties the coroner IS paid
according 10 the cases he handles.
This Is another question which may
7rinr the problem TO court.
county Attorney MacKibben IS
7on-committal He IS preparing an
opinion on the situation. bL- is not
ret ready 20 announce a. From
conversation with him however. Z
: expected that he Will dec de that
salaries begin on January I for each
.ear. and hence IT will be 1921 be-
'ore "the lls. preceding United
states census" gives the county the
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