Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-03-11
MAY
NOT BE ABLE TO
ACCEPT $4,000
Legal Bar Between Him and
Fund Voted Him for Work
on Coal Board.
ONE RECEIVED $4,000

Jesse e. Eschbach, chief examiner
of the State board of accounts, chair
man Of the special coal and food
commission, former Speaker Of the
House and State budget commits
sioner, probably will not be legally
able to accept the $4,000 voted him
by the recent Legislature for his
services as head of the coal commits
sion.
Although Mr.. Eschbach did most
Of the work of the commission, and
although attorneys were paid as
high as s17,50O for their services in
assisting him, a constitutional bar
may stop his extra compensation.
This restriction is the one that pro
hibits a member Of the Legislature from
accepting an office Of profit created by
the Legislature Of which he was q mem
Der during the term for which he was
elected.
The Constitution has the following to
say on this subject:
No Senator Representative
shall, during the term Of office for
which he has been elected. be eligible
to any office, the election of which Is
vested in the General Assembly; nor
| shall he be appointed to any civil
office OF profit, which shall have
| been created, or the emoiuments of
| which shall have been increased, dur
ing such term, but this latter pro-
vision shall not be construed to
apply to any office elective by the
| people
SUPREME COURT CASE
APPEARS TO APPLY.
! This provision, together with a Su-
preme Court decision In the case OF
Baker vs.. Kirk. SO. Indiana, 0l7. which
declares the provision applies to the
actual term OF the office and not the
term Of service, appears to apply to M
Eschbach's case, according to the belief
OF many.
Mr.. Eschbach was appointed by. for
mer Governor james p. Goodrich as
chief examiner of the state board Of ac-
counts. but did not relinquish his posi-
ton as a member OF the Legislature
from Kosciusko County.
Mr.. Eschbach served as Speaker Of the
House on the famous one-day suffrage
session while stin holding his position
/
but when the Goodrich session was called,
he resigned from the State board to be-
come Speaker Of the House.
Immediately after this session, which
created the coal and food commission,
Mr.. Eschbach was reappointed on the
board OF accounts and his term ss Rep
resentative automatically expired with
the election ~ his SUCCESSOR last fall.
Goodrich then added 10 Mr.. Eschbach's
many duties that Of head Of the coal and
food commission, but was unable TO pay
him any salary because no such clause
was contained in tho act.
1t was charged at the special session
last summer that Mr.. Eschbach was in
eligible to the Speakership and also to
his seat In the House because OF a CON
stitutlonal provision preventing q man
from holding two rcmunerative positions
under the State government but Good
rich's control was such that nothing came
Of the feeble attempt TO unseat him.
McCRAY ALSO MOVED
BY SYMPATHY?
In appreciation Of his services as head
OF the coal commission and due, It is
said, to the iusistence Of both Goodrich
and McCray The present Legislature
voted "a $1,000 bonus to Mr.. Eschbach.
1t is said Governor McCray was actuated
in this move by sympathy because he
expects to GUST Mr.. Eschbach within a
short time and appoint In his stead Fred
b. Robinson, one of his campaign man
ayers and political advisers. Mr. Robin
son formerly was connected with the
State board Of accounts.
Governor Goodrich, just before be re-
tired from office, signed warrants au-
taorizing the payment Of $500 to James
W. Noll and $4,000 to Howard Young at
torneys who represented the State in the
suits brought against 1t to prevent en-
forcement of the coal commissions or
ders
There is also question, in the minds
OF many interested people, whether the
State Legislature could authorize pay
ments for services rendered a commits
sion whose provinces largely have been
declared unconstitutional by the Federal
Court.
Mr.. Eschbach, however, If he is en-
abled to retain his office, will have $1,000
added to his present salary of $4,000 by
virtue of becoming head Of the State
budget commission. The law creating
this body has been signed by the Gov
ernor. The actual work Of compiling the
data provided for in the measure will
be done by a chief clerk whose salary is
fixed at $1,000, but because the chief
examiner is made the tltular head OF the
oor mi bfa oIe