The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1924-08-26
DEPRESSION HITS
FIRE MARSHAL'S
OFFICE;;IT'SggROkE
Auditor BraCken Announces
No Money Left in
TIL,

The State fire marshals office is
broke" according to State Auditor
Robert Bracken, and it's employees
will receive only about half the pay
for the month of August and none
for September. The new apprOpria-
tons are available Oct. 81. Back
salary can be paid only by leglsla-
tive appropriation.
Newman T. Miller, fire marshal,
presented to Bracken salary claims
OF S2.793 for the month of August.
Bracken today said there was only
S1.453 left in the fund appropriated
for his use.
The last State Legislature apprO-
priated SEQ. 900 for Miller's office ex-
penses this year. The money comes
out Of the State fire marshars fund.
which is raised by fees for dry
cleaning inspections and a tax on in
'surance companies. With the
$50, 900 appropriation taken out,
there is still $50, 4O9.53 left in the
fire marshal's fund. Miller contends
that the department is still entitled
to the use of this balance. Bracken
says Miller cannot spend any more
than is appropriated by the Legis-
lature.
legal Opinions
AIiIer'S contentious are backed by
opinions from Attorney General Eli
Stansbury in 1919 and Attorney Gen
eral L. S. Lesh last March that both
the insurance company tax and the
dry-cleaning fees are available, de-
spite any appropriation.
Stansbury went so far as TO say
that where any Legislature raises
any specific fund for a specific pur-
pose without making any provision
for its use or disposition, its acts
would probably be unconstitutional.
There is no reversion clause in the
fire marshal fund law which would
return any balance over and above
the specific appropriation to the gen.
eraI fund as in the case in most ev-
cry other fund in the State treasury.
Lesh held that the 1923 act Of
legislature making the $500 ap-
preparation for the State fire mar
shaIs department did not repeal any
part Of the dry. cleaning law
and that the appropriation was made
from ANY moneys in the State treas
ury not otherwise appropriated" He
pointed out that the appropriation
was from a Specific fund" and GER
tainly not otherwise appropriated"
The Law
But the law also states that the
dry cleaning inspection fees shall be
placed in a special fund and shall
be disbursed in the same manner
as other moneys in the fund are dis
bursed. Bracken holds this means
that they shall be disbursed only as
appropriated and refuses to pay any
warrants from the Fire Marshal's
office in excess Of S1,453. The $780,
600 appropriated was divided into
personal and contractual service and
supplies. Miller sent down claims
for S545 personal service separate
from the s2,793.33 salary claims.
The personal service fund contained
lust that much. He asked for the
other claim from the special fund. ="
It was pointed out that in the ap-
preparation act was included penalty
sor over drafts Of fines and jail SEN
tence. Where an officer, 1t appears,
contracts any indebtedness above the
appropriation he is said to have com
mitted a misdemeanor. Whether, in
the presence of controversy as to the
extent of the fire marshals use OF
funds specifically devoted to his de-
partment, any action could be taken
against Miller under the penalty
clause is open TO considerable con-
lecture. il is stated