The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1923-08-14
AUDITOR TERMS
EFFORT FOR SUIT
POLITICAL MOVE
Labor Leader One Of Two
Who Petition for Recovery
of So, 243,

Demand that county commissioners
sue Leo K. Fesler, county auditor, on
his bond. to recover $72,24S alleged to
have been illegally paid from county
funds was filed by Charles W. Kern,
president of the Central Labor Union,
before the election Monday night, Kern
said today.
Alleged discrepancies were discov-
cred, Kern said. while investigating
sums paid the Pittsbursh-Des Moines
Company" and the petition for suit
followed.
The petition. also signed by Charles
w. Roberts, demands that suit be in
stituted against Leo K. Fesler, his
bondsmen and concerns named to re-
cover sums paid out of the county
treasury contrary to the provisions Of
the county council act"
The auditor paid for work done at
Junetta from the wrong fund, it is
admitted by all concerned.
Fesler Says Politics
1T is q technicality," said Fesler
THE county is out no money. It has
had the work done. and value re-
ceived 1 believe this move is merely
an attempt by the county council to
= ge5 me in hot water and that politics
is behind It, All warrants issued
were on order by the county commits
sioners''
He then cited a State law providing
exemption for auditors who made mis-
takes in paying money lin good
faith"
The statute under which the petit
tion is filed makes 1t mandatory on
commissioners. on petition OF citi-
zen, to bring the suit if money Is be-
lieved to have been illegally dis
bursed If not done in thirty days
the petitioner can bring suit in the
. county's name.
Cassius L. Hogle. president of the
council, with whom Fesler is at war,
denied the council inspired the ac-
ton
1T was not necessary for him to
make those appropriations from the
Julietta fund" said Hogle. I'VE would
have authorized them. The council Is
not going to permit laxty in care Or
county affairs He has followed the
same practice for seven years. Fesler
violates the law by using money from
an appropriation made for another
purpose"
The trouble in a nutshell is this:
One hundred and fifty Thousand dol
lars was appropriated last year by the
county council to build additions to
sJulietta, county hospital for insane.
The contracts were let. Then "emer-
s.gency" work had to be done first, over
hauling the heating system, etc. Fes-
Ter paid for the emergency work OUT
sof the Julietta bond fund, instead or
the general county fund, creating a
deficit in the Julietta fund.
3 Non-UniOn Labor Used
The contractors for whom the
money was appropriated demanded
pay, and secured a mandate from Su-
perior Judge 7. ]. Moll to that effect.
Judge Moll ordered Fesler to draw a
warrant to himself from the general
fund and put it in the Julietta fund,
which was done.
The county council is deadlocked
( with the auditor because councilmen.
of opposing Republican faction, felt
sFesler had exceeded his power.
He had twenty-one days in which
TO call a council meeting to provide
an appropriation for the emergency
work" said one councilman. Then
all could have been done legally"
The Central Labor Union became
interested when d contract for part
of the Julietta work was given the
Pittsburgh-Des Moines Steel and Con-
struction Company, which used non
union labor.