The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-06-05
CIRCUIT COURT
HOLDS POWER
OF REMOVAL
Authority Over Any Neglect
OF County Officers Is
in 1897 Law.
0FFENSES ARE LISTED
Charges Must Be in Writing;
$500 Penalty Also Could
Be Assessed.

county oLlCldl5 Eu4llF OF mlSCOH-
duct in Office are subject to removal
BY Circuit Court and in addition
must pay $500, according to an In
diana statute passed in 1897 and
frequently invoked
Accusations must be in writing
and removals may be made If officers
are found guilty OF charging illegal
fees for services rendered, or to be
rendered. Refusal or neglect to per-
form official duties pertaining TO the
Office also are causes for removal
The section ol the laws of 1897
making removals possible provides.
Admits Gray Bought Tickets
when an accusation in writing.
verified by the oath Of any person,
is presented 10 a Circuit Court. alleg-
ing that any officer within the jur-
isdiction of the county has been
guilty of charging and collecting
illegal fees for services rendered.
or to be rendered. in his Office, or
has refused or neglected to perform
the official duties pertaining TO his
Office, the court must cite the party
charged TO appear before the court
at any time not more than 10 nor
less than five days from the time
the accusation was presented, and
on that day, or some other Subse-
quent day not more than 20 days
from the time the accusation was
presented. must proceed to hear, in
a summary manner. the accusation,
and evidence offered in support CO
the same, and the answer and EVIL
dence offered by the party accused;
and if. on such hearing, it appears
that the charge is sustained, the
court must enter a degree that the
party accused be deprived of his
Office, and must enter a Judgment for
FIVE hundred dollars in favor of the
prosecuting officer, and such costs
as are allowed in civil cases"
Monday. County Auditor Charles
A. Grossart threatened to prevent
The indianapolis Times reporters
from examining public records in
his Office, unless The Times discon-
tinued publishing articles regard
ing the conduct of county affairs.
Tax Sale Called on
Yesterday Mr.. GroSsart confirmed
a statement made 10 The Times by
Mark r. Gray. publisher Of the In
dianapOliS Commercial, that he had
purchased Mr.. GrOSSart's railroad
tickets TO Florida before the auditor
left on his Florida vacation last
January.
Mr.. GrOsSart. however supplied
further details Of the ticket pur-
chase.
Mr.. Gray had said Mr.. GroSsart
had given him the money for the
railroad tickets.
Auditor GrOSSart yesterday de-
clared he had gwen Mr.. Gray the
money for the tickets after they had
been purchased.
Mr.. GrOSSart also insisted he left
for Florida two days before Mr.
Gray's concern had been paid from
Mr.. GroSSart's Office for advertising
the proposed 1885 delinquent tax
sale. which never was held.
The Commercial was paid S426l
on Jan. Is. The day before that
the 1885 General Assembly had COM
pleted its action which made the
1885 tax sales unlawful
Indiana laws also provide that all
state officers and all judges and
prosecuting attorneys are liable to
impeachment for any misdemeanOr
in Office The proceedings must be
taken before the Senate and House
OF Representatives.
However. II a judge or prosecuting
attorney is convicted of corruption
or any other high crime. the Attor-
ney General must bring a prosecu-
ton in the Supreme Court for re-
moval from Office.
Questions Still Unanswered
Another statute permits accusa-
tons in writing 10 o. made against
any county township or municipal
officer. or justice of the peace. or
prosecuting attorney. 10 a grand
jury.
Judge Frank P Baker today con-
tinued to maintain silence regard
Ing his answers TO nine questions
submitted 10 him by The Times on
the falling Of Lee Barker. convicted
boOtlegger. on contempt of court
attachment issued out of Judge
Bakers court. Barker was released
IS DAYS after his arrest on an order
signed Frank P. Baker and initiated
j. A. B"
His release came four hours after
Mrs. Barker had placed $50 in es-
crow and after a prominent Indian
apolis physician telephoned Joel A
Baker that The money had been