Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-05-13


ish war veterans, no World War veterans
and 1,107 Civil war veterans in tine bone.
In & brief accompanying his letter
Colonel Harrison sets out the following:
Peter Osmar. who has served the In
diana State Soldiers Home faithfully
and Loyalty as commissary of subsist-
ence for seven years, was promoted to
adjutant in May, 1920 for a term of
three years from July l, 1920. Therefore.
his removal on April 4, 1921, without
cause before his term of office had been
completed, was unlawful. Section 1O0S1.
Burns statutes, Ed. 1914, concerning the
term of office of, the adjutant. is as fol
lows (law has not been changed:
The appointment OF the commandant
and adjutant shall be entered upon the
records of the proceedings of the said
board of trustees, and a certificate of
such appointment, attested by the presi-
dent and secretary, shall be forwarded to
the Governor, and upon the receipt Of
such certificate the Governor shall com
mission said officers. and they shall hold
their respective offices for a period Of
three years, unless sooner discharged for
cause. as hereinafter provided
NOT REMOVED
FOR CAUSE
"The minutes Of the meeting Of the
board of trustees on April + and 3, 1921,
do not show that Adjt. Peter Osmar was
removed for cause in the manner author
lied By law. The removal could only be
made by strictly following the law as to
the removals as clearly stated in said sec
lion 10OS1 Of Burns Statutes Ed. 1914
Claw unchanged at this time).
mo order Of removal required by law
in mi 0F no
Of trustees meeting April 4th and 9th,
1921, and no certificate required by law
was forwarded to the governor On the
contrary Adtutant Osmar was appointed
commisary sergeant Of the home show
Ing that the attempted removal was not
on account Of his inefreciency or mis-
conduct.
Trustee Charles W. Scott nominated
himself for the position OF adjutant and
voted for himself. Without his own vote
there would have been only two trustees
voting for him, as one trustee was in
dying condition and wholly unable to at
tend said meeting of the board Of trus-
tees. or take any part whatever in the
deliberations and business before the
trustees meeting.
by this unlawful action the minutes
of the board of trustees purport to show
that Charles ". Scott, n years Of age,
was elected adJutant of the Indiana Sol
diers' Home for a term Of one year.
''That the appointment or election Of
Trustee Charles W. Scott as adjutant for
a term of one year was unlawful. The
lawful term Of office is three years ana
the trustees have no authority 20 de-
crease. or extend a term Of office.
THAT Trustee Charles W. Scott after
nominating and electing himself as ad
iutant unlawfully continued to act as
trustee, thus holding two Offices-a sit
uation not permitted by law.
THE law governing and controlling
the Indiana State Soldiers Home does
not authorize or permit the board Of
trustees to appoint or select a trustee
member Of the board to the office Of
eommandant or adjutant. The board
Of trustees can not lawfully elect
trustee member OF the board as adjutant
and then permit the member OF the board
10 continue to act as trustee.
There was no order of removal pre-
sented to or acted upon by the board Of
trustees and no charge or charges Of in
efficiency or misconduct made against or
fled against Adjutant Csmar. No at
tested certificate Of removal required By
law was forwarded to the Governor. On
the contrary Adjutant Osmar was COM
pIimented on his faithful work, efficiency
and qualifications"