The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1926-04-12
SCHLENSKER TO
MAKE APPEAL
FROM VERDICT
Court of Claims Refuses Re-
fund on 0verChargeS
Against Road Body.

Attorneys for Otto f. Schlensker,
automobile parts dealer, today an
nounced that an appeal probably will
be taken from decision of the Marion
County Court of Claims refusing
Schlensker a $4,000 refund on over
charges against the State highway
commission which he had sought to
make good.
Within the next thirty days a mo-
ton for a new trial will be filed with
the court in order that the appeal
may be carried to the State Supreme
Court, Homer Elliott, one Of
Schlensker's attorneys, said.
Decision was reached late Satur-
day by five judges of the Marion
Superior Court, sitting as a court Of
claims. Only one of the judges is
said to have favored giving
Schlensker any refund.
In a report by the State board OF
accounts, covering highway commits
sion transactions between May 10,
1921, and April 30, 1924, filed more
than a year ago, Schlensker was al
legged to have overcharged the State
large sums on automobile parts and
accessories. Learning that the board
vas going to cite irregularities in his
dealings, Schlensker gave a $50 900
check to Lawrence r. Orr, State eX.
aminer. Orr turned the check over
to the State treasurer, and 1t was
used with other State funds.
Alleged Good Faith" Deposit.
Schlensker then declared the
check was only good faith" de-
post and was not intended as a
redemption on any alleged over
charges. Suit was filed with the
court of claims to recover the entire
amount.
The decision is particularly signifi-
cant when viewed in connection with
other highway commission deals ex-
posed by the board of accounts. An
other accounts board report charges
that the highway commission al
lowed surplus war material, valued
by some at from $S.000,000 to $10,-
1000, to escape into the hands of
a group of local junk dealers for bare
ly more than the freight charges.
This report, now impounded
by Criminal Court, never has been
made public. On the strength of
the latter report the Marion County
grand jury, thirteen months ago, re-
turned embezzlement indictments
against Earl Crawford, Democratic
member of the commission whose
term expires Saturday; John D. VIII
liams, commission director, q Re-
publican; George BARLEY, former SUI
perintendent of equipment; Moses
and Victor Goldberg, junk dealers,
and c. William Whaley.
Not Called for Trial
Prosecutor William II. Remy has
shown no INCLINATION to call the
cases down for trial. In the mean
time the highway commission polit-
icai machine is laying the ground
work to have the indictments
quashed and to discount the board
Of accounts allegations, 1t is said.
In the Schlensker report the ac-
counts board declared that estate
finances have suffered for want Of
careful supervision by the commits
sion and its director in the expend-
iture of public moneys"
Incompetence Of the commissions
equipment division and indifference
Of the highway director are blamed
for the losses to the State by the
accounts board.
Purchase by the commission of
nineteen junked Nash Quad trucks
for $3.50 when the commission had
ten disable Nash Quads in storage is
made the basis of a charge by the
accounts board that the States in
terests were made secondary to
other interests"
The accounts boards summary
shows Schlensker's sales to the com.
mission aggregated $425. 346.17, al
though he was able to show invoices
on only $177956.31.