Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1922-03-02

The statute which imposes this duty
on the judge Of Circuit Court is as fol-
lows:
"The Judge Of such Circuit Court
shall. on the first day OF every term.
examine such clerks Office. and in
writing, report the manner in which
the books and papers thereof are
kept, TO the truth of which he shall
take and subscribe an oath, to be
administered by such auditor. which
report shall be entered on the order
book Of the board of cOmmi ssiOners."
Section 1921, Burns, 1891.
HOW STATUTE
DEFINES TERMS.
The statute which defines the terms Of
the Circuit Court Of Marion County IS as
follows:
THAT the terms Of the Circuit
Court OF the nineteenth judicial cir
cult Of the state of Indiana. which
circuit IS composed OF the county Of
Marion alone, shah commence and he
held on the first Monday Of each cal
endar month except the months Of
July and August" Section 1462,
Burns, 1921.
So far as is known. the defalcations
for which Mr. Sipe Is now in the county
Jail awaiting trial were Of the trust
funds placed in his hands on the orders
Of the various courts. The authority
under which he became the custodian OF
these funds is a statute reading as fol
lows:
THE clerks OF the several courts
throughout this state are hereby
authorized to receive money in pay
ment OF all Judgments, dues and de
mands OF record in their respective
offices and all such funds may be
ordered to be paid into the respective
courts Of which they are clerks by
the Judges thereof; and said clerks,
with their sureties, shall be liable on
their official bonds for all moneys so
received by said clerks and so paid
into such courts under the order of
the Judges thereof, TO any person
who may be entitled to demand and
receive such money or funds from
them" Section $3.50. Burns, 1914.
FACTS DETERMINED
BY INVESTIGATIONS.
Investigators into the Sipe episode were
impressed by the fact that although the
clerk was authorized to receive these
large sums Of money there seemed to he
no authorization for an accounting for
them other than that implied in the
statute ordering the judge OF the Cir
cult Court to examine such clerks Of
fee" This provision. attorneys say, IS
broad enough to confer on the judge
power to demand an accounting Of trust
funds, but they also point ont that
there is no specific mandate to the judge
TO demand such an accounting.
However, Il is apparent from the exist
ence Of this statute that the responsible
ity for the clerks conduct Of his office
is placed at the door of the judge and it
was unQuestionably the legislative in
tent that the judge should be the spOn-
sOr FOR his clerk, concerning whose con-
duct Of office the judge is inundated to
make and spread OF record on the order
book Of the commissioners, a sworn
statement
Whether the carrying out Of these pro-
visions OF the statute would have pre-
vented Slpe from dissipating more than
one hundred thousand dollars from the
trust funds is q matter Of conjecture.
The absence Of any record Of any such
examinations by the judge OF the court
is evidenced that the statutory provi-
sions have not been carried out in Mar
lon County.
NOBODY PAYS ANY
ATTENTION TO THAT
When shown the section os the law
which requires the judge Of the Circuit
Court to examine the books of the
clerks office Judge Harry Q. Chamber
lain remarked that nobody ever paid
any attention TO that"
did you ever comply with at pro-
yisiOn?" he was asked.
NO" he replied, and to my knOwl-
edge nobody ever did"
Judge Chamberlain said he had moth
ing further to say
Ruling case law, volume 10, page 54J,
section 81, contains the following.
Duties which are purely ministerial in
Continued on Page Eight.)