Decatur Democrat, Volume 42, Number 52, Decatur, Adams County, 9 March 1899 — Page 7

REFORM bills e , v County and Township Laws. COIXTY Bll.U Senate Bill No. 110-N'ew: An Act C 0,,.., rnins: County Business. , i Creates a county council.] [Section - at withlll twenty days after Se ', irinir effect of this act. the board of thv ‘.V commissioners of each county *?“n meet and make and spread of record „ order dlviu.ng such county Into four a „nHlmanlc districts of contiguous tercotinclim nearl eQUttl In population as «ib'le Provided. That no township P r 1 be'dlvided In forming such districts >na ‘ Lvthprx of the county council shall one councilman from each Scilmanic district, to be elected by the counuon district, and three counat large, to be elected by the votof the whole county. The county aushall call the board of county com- ' f.ioners In special session. If necessary, for he purpose of forming the council- ‘ nt districts. The board of county "tntmis'loners shall not thereafter Se the boundary of such districts nftener than once in six years. 3 provides for salaries of councilkn In counties of 35.00 population or 'tin each oer annum; 35.00 and not more tha" ‘ s '‘ luo - ,ll ’ ; and above 75>000 ’ S 'qL 4 No person shall hold the office ..'.m’ncilmen in such council while holding any state, county, townF?. ‘ or municipal office or who is not a qualified voter and resident fp ’ holder of the county: or In case “:L‘ r than councilman at large, who is not a qualified voter and resident freeholder of the district from which elected ■r unpointed. If any person shall be or become ineligible under the provisions of This section, it shall operate to immediately va -ate his office as such councll5 election of county councilman shall take place at the general November election in 1900. and in 1902. and everv four years thereafter. The term office of eounclimen elected in 1900 shall he two years, and at all subsequent elections four years, beginning on the tenth dav after the election. Vacancies occurring in the office of councilmen shall be filed by election of the council at the lirst regular meeting after their occurre"ce A person appointed to fill a vacancy shall hold until the expiration of the term in which it occurred. ti. Provides for councilmen taking qualifying oath.] Ser.; Provides that all meetings shall be held at county seat: names the day and hour; provides for animal meeting; the election of vffi. rrs of the council and notices of meetings.] [Sec 8. Provides for adjournment of the council from day to day until its work is completed.] iSec. 9. Provides county auditor shall be clerk of the council and keep an accurate minute and journal of its proceed,ri|S~ec. 10. Provides the sheriff or deputy shall attend sessions of council.] [Sei. 11. Provides for a quorum of council.) (Sec. 12. Provides for counicl expelling its own members.] Sec. 13. No member of the council shall either directly or indirectly be a party to. or in any manner interested in. any contrait or agreement with the county. Any contract in contravention of the foregoing provision shall be void. Whoever shall knowingly violate the provisions of this section shall be fined not more than one thousand dollars, to which may be added imprisonment in the county jail for any period not exceeding six months. See. 14. No councilman shall purchase either directly or indirectly any bond, order, claim or demand. whatever, against the county during his continuance in office, for any less sum than the amount specified therein: and any bond, order, claim or demand so purchased by any such person in contravention of the provisions of this section, shall be forfeited to the county, and no action shall be maintained thereon.

Set 15. The power of fixing the rate of taxation for county purposes, and for all purposes where the rate not fixed by law is required tc be uniform throughout the county, snail be vested exjlusively in the county council; and neither the board of county commissioners, nor any county officer or officers, shall have power to fix the rate for any such purpose whatever. The power of making appropriations of money to be paid out of the county treasury shall be vested exclusively in such council, and. except as in this act otherwise expressly provided, no money shall be drawn from such treasury but in pursuance of appropriations so made. Sec. 16. Before the Thursday following the first Monday in Augu&t. of each year, ►very county officer shall prepare an estimate. itemized with as greet particularity as possible, of the amount of money reaulred for his office for the ensuing calendar year; every clerk of a court or courts of a county s-hail prepare a separate similarly Itemized estimate of the amount required for such year for each court of Which he is clerk, and when a court consists of two or more judges who preside In separate rooms, or over separate divisions of the court, a separate similarly itemized estimate for court expenses in each room so presided in. and every board of county commissioners shall prepare a separate and similarly itemized estimate of all money to be drawn by the members of said board, and of all expenditures to be made by the board, or pursuant to its orders, during such year for any and all purposes whatever. To each of such estimate there shail be appended a certificate verified by the oath of the officer preparing the same to th*- effect that in his opinion the amount fixed in each item will be required for the purpose indicated thereby. Ihe estimate of the amount of money reqi"n , lor any cour * or division thereof shall be subject to modification anti approval by the judge of such court or division thereof. and shall be submitted to him for that purpose before being presented to the county auditor. In addi- ;! on t 0 above estimates the clerk of ' lrc uit court shall prepare an estihiate of the following matters: (1) Amount required for expenses of insanity qUiSitlons during the ensuing calendar nn?U tem zins the same; Amount required to pay expenses of cases tried in tner counties on changes of venue, such „.. are taxable under the law against the from which the change is taken. kvery estimate required by the ,ing _ seetion to be prepared by any nE 5 k^. cer Gs money required for his t!/ s embrace in Items separate S, eac \ °L her <'a~h of the following Kt (1> Sa,ary of the officer as fixed im ls wya W e out of the county treasdavi L 1 ) 01 ’ A ? estimate of the number of o/athLT 1 * 1 * 1 time of service required. maS n farts ' shGwin S basis of the estiv?ar compensation for the law rn officer at the rate fixed by hirL’ u amount of deputv out nt BUCh is under the law payable forthA co , l i nty treasury; (3) Supplies be f pa ' ment for any such can de u°' lt °£ the eou nty treasury unorier of thL' >? he !i he U with or without an »’s tn th., board of county commlssionthe onlnm itemizing particularly and th? each kind of supplies, and .n e X° bable <’° s < thereof; (4) Any are bv i’. b ® r ’“’batises of the office which treasure wY.s Payab ! e , out of the county board of ° r w, thout an orde, of the est?™ mmlsrtoners to that latest tml sF and s P e< ’lfying vcith the expenses' b ‘ e P art i<nilarity all of such f ‘ s . t .! ma,e required by said fconey the amount of thereat in?.. d t or any collrt or division from each 3 '* ® mbrac *. in terms separate mauers h <n t o er i’ Paeh of ,he following much therpof ? al ? ry of ‘he judge or e of law as ' s payable by authority Salar? o ° f * b ‘ tbe bounty treasury; (2) “tpensw m -T. commissioner, if any; Itemizing ~p r° bate commissioner, if any. amount 'm a U* e: <3 > The estimated estimate Xum ??? baili " hire; (4 > Tbe “mated am. °I Ju . ry feps; < 3 > The < B ' law may b? of witness fees that by ury; (Ri rpi. out of the county treastor Dav nf , est . lr ? ated amount required n > a t.‘d > amso f o ,?? t eclal J,Y d <e«: <"> The estlthe court Item- °a a . other expenses of areatext part? n ed -. and s P eclfl ed with ths See. in f . u *anty practicable. Said section ..^F y estimate required by the board of xt, en 'l® l to be prepared by embra.-e <n °° u nty commissioners shall other . ''. IM separate from each As IU each bmVf fol,owl »K matters: (1) U| building or institution nxain-

f lined or supported by the county, such luj court house, county asylum work <,r othe \ Gilding or institunlr Whatever character, maintain, d or supputed in whole or in part by money paid out of the county treasury, the estimate shall show in items separate fr. rn each other and separately for each Institution: (ai the amount required for construction of new buildings, it any; <b) Fl 1 ® rei iuired for repairs of premises. Itemizing the same as far as posslinstlr'mi ,n‘ e ■ aniL ’ U . nt tor su PP>ies for the institution, itemizing the same; (d) the amount required for employes and agents h itemizing the X: V »**■ < ot *? er expenses connected with m l Th nStltut,on - itemizing the earn-; ' amount required for building of bridges, itemizing the same by giving lqt.a‘i®ll ,* Uld umou "t for each bridge; (3) Amount required for repair of bridges itemizing the same; (4) Expenses of com 2 (5) Sa"arv „r C °VF‘' it,n “ zil ‘« 'He same, \ o ' bala, > of the county attorney (G» t°J sa,ar >' or compensation of pauper attorney, if any; (?) Exppnses of A < Snnn? f f healtn ’ itemlzin K the. same; <x> exThisive if r p 1 air ~f free Bravel roads exclusive of bridges, itemized by naming ZunT'i ‘^J enßth thereof/ and the rXb'd T.TT' , th ‘‘refvr; .9) Amounts ~f election expenses, showing i, nUmb t r of Precincts, and by ea?n M e ti lte ? S o‘ h ® amoun ‘s required for h i.m 10Wing ‘, hlnsß: Pay of inm^i«° r t’ Jages ' clerks, sheriffs, rent ba e |h.r , i ov U ” B nd repair of booths and ballot-boxes, advertising, bill posting P|F,J/! ng a 'i' d s ‘ utlone ry. expenses of election commissioners, expense of constructsi nnU 1 " s PU .'i' ha A H "’ g furniture and itLEP/m i u %-) m "unt required for paving m 1 a '? d ‘ nteres ‘ cf bonds and loans vL lr t^ m ? Urinff .R the ensuing calendar ar, itemizing the amount required tor I , an and issue of bonds; (ID Amount ® d to pay Judgments, adjustments of suits, and costs; (12) Amounts required sot the support of inmates of state benev-!.n-st‘,ut* 011 s. or other benevolent or for L I n r“ tU . tit ’ ns; < l3 ’ Amounts required for publication ot delinquent tax lists viZL Amounts required for the compensation of employes, which are payable out ot the county treasury, if any; (15) Amounts required for the payment of expenses of county board of review; (IK) All other items of expenditures to be made by the board, or pursuant to its order during the year for which the appropriation is to be made. Itemized with particularity, nf ..V ,e ' m Unde L the law - the expense ot any- office of a county officer, or any part therof. is authorized to be paid out of the county treasury, but requires an order of the board of county commissioners to that effect, the estimate of the expenses of such office shall be embraced in the estimate required to be furnished by the county officer, but shall not be embraced in the estimate furnished by the board of county commissioners. The power of fixing the rate of taxation in each township for the purpose of raising funds for the payment of the expense of making the tax assessment of such township shall be Vested exclusively in the countycouncil. and neither the board of countycommissioners nor any other officer shall have power to flx the rate for any such purpose whatever. Before the Thursdayfollowing the first Monday in August in each year each township assessor shall prepare an estimate, itemized with as great particularity as possible, of the amount of money required for his office for the ensuing calendar year. Such estimate shall embrace, in items separate from each other, each of the matters required by section sixteen of this act in the case of estimates by county officers. Sec. 20. Ail of the above provided for estimates when so prepared, other than the one prepared by the county auditor, shall be presented to said auditor on or before the Wednesday following the first Monday in August, and they, together with the ones so prepared by' him, shall be kept on file in his office subject to inspection by any taxpayer of the county from the time they are filed. * • • At the regular annual meeting of the council on the first Tuesday after the first Monday in September, the auditor shall present all of said estimates thereto, and make any such recommendations to the council with reference to the estimate as may to him seem proper. And it shall be his duty before such meeting of the council to prepare an ordinance in proper torm, to be adopted by the council, fixing the rate of taxation for the taxes to be c ollected in the ensuing calendar year, and also an ordinance making an appropriation by items for such calendar year for the various purposes for which all of the above estimates are required. The counmeeting shall act upon such ordinances, and by adopting the same or amended or substituted ordinances fix the tax rate within the limit prescribed by law. and make the appropriations. Each ordinance shall l>e read upon at least two separate days before its final adoption The council shall have full power to require any estimate not sufficiently itemized to be so itemized by the person who prepared the same, and to appropriate for any purpose a sum not greater than that estimated in the item therefor. Bv a three-fourths vote of the council, and‘not otherwise, an appropriation may be made for an item not contained in any estimte, or for a greater amount than that named in any item of an estimate. Sec. 21. If at any time after adjournment of the regular annual meeting in September, an emergency should arise for further appropriations, for any purpose for which the council is authorized to appropriate by this act. such further appropriations may be made at a special meeting of the council, on estimates prepared and presented as hereinabove provided, by an ordinance passed by at least a twothirds vote of all the members of the council, and not otherwise. Sec. 22. Funds due the State or anv township, town or city of the eountv from the county treasury may be paid in the manner and upon the authority prescribed by law other than this act, but except as to such funds no money shall be paid from the county treasury otherwise than upon a warrant drawn bv the county auditor. Except as to salaries of county councilmen this act shall not he construed as authorizing the auditor to draw anv warrant that is not authorized by existing or other laws than this act. Appropriation by the county council shall not be necessary to authorize a warrant drawn and payment made out of the county treasury in the following instances, namely; Os any money belonging to the state; of any money belonging to any school fund, whether principal or int rest: of any money belonging to any fund of any township, town or city of the county: or of any money due to any person, company, or corporation which has been paid into the county treasury pursuant to assessment on persons or property of the county in territory less tltn that of the whole county for any public improvement or purchase thereof, such as ditches and drains and repairs thereof, straightening water courses, making levees and repairs thereof, or establishing and constructing highways, turnpikes, gravel or macadamized roads; of any money due to any person, company or corporation, which has been paid into the treasury to redeem from any tax or other sale; or of any money so due that has been paid in pursuant to authority of law as a tender or payment to the person, company or corporation; or taxes erroneously paid. In all the above enumerated instances payment may be made out of the county treasury upon the authority and in the manner prescribed by law without appropriations by the county council. In all other instances no warrants shall be drawn upon,, or money paid out of the county treasury, unless an appropriation by the county council therefor has been made. for the calendar year in which the payment is made, and which appropriation remains unexhausted. [Sec. 23. Provides that eountv auditors shall keep Separate accounts of each specific appropriation and shall not allow the appropriation to be overdrawn or used for anv other purpose than that for which appropriation was made, under penalty of fine or imprisonment.] Sec. 24. When any item of appropriation shall remain unexhausted at the end of the calendar year for which the same was appropriated, the amount thereof shall immediately revert to the genera fund of the county, and no warrant shall be drawn on such appropriation after the end of such year. Sec 25. No board of county commission ers officer, agent or employe of any counw shall have power to bind the county by anv contra't or agreement or in ant other way. to any extent beyond the amount ot' money at the time alreadj a.propriated by ordinance for tne purpose of the Obligation attempted to be Incurred. and ail contracts and agreements express or implied, and all oun gatiOTS of nny and everv sort beyond I fuel! existing appropriation, are deciaxed to be absolutely void.

Every cotlnty officer, and every mt-m >er of a hoard of county commissioners. who shall Issue, or cause to be any oond. certificate, or warrant Payment of money which shall | to be an obligation of such counD. and be beyond the unexpended balanee of any such appropriation made for such purpose, or who shall attempt to on:d such county by any contract, agreement, or m any other way. to an extent oeyona the amount of money at the time already appropriated by ordinance for such purpose, and reamining at the time unexpended, shall be liable on his official h. n !i any l^ ers °n injured thereby, and snail be fined in any sum not more than one thousand dollars and imprisioned in the county jail not more than six months, bee. 2i. No court, or division thereo-f. or anj' county, shall have power to bind such county by any contract, agreement, or in any other way. except by judgment rendered in a cause where such court has jurisdiction of the parties and subject matter of the action, to any extent beyond the amount of money at the time already appropriated by ordinance for the purpose of such court, and for the purpose tor which such obligation is atempted to be incurred, and all contracts and agreements, express or implied, and all Obligations of any and every sort attempted beyond such existing appropriation shall be absolutely void. Sec 28. No judgment against any county shall be enforoible except out of moneys appropriated for that purpose; but the county’ council may be compelled by mandamus procedings to make the necessary provisions for levying ami collecting by taxation and to appropriate the necessary sum for the payment of any judgment, in which case the council may be sued collectively by' its legal name service of process being had on any' member thereof, and all members shall be bound by' such judgment, and in such proceedings the board of county commissioners and county auditor shall be joined as parties defendant, in order to secure complete and adequate relief in the premises. Sec. 29. Except as to payment of the salary' of councilmen herein specifically provided for. this act shall not be construed as authorizing the appropriation of any* money to‘be paid out of the county’ treasury, or the drawing of any’ warrant therefor, or payment or any money’ out of sue’' treasury, for any purpose whatever which such payment out of the county treasury’ is not authorized bv law other than this act. The intent of this act is to place limits and checks upon payments out of such county' treasury, and not to extend or increase them. Sec. 30. The treasurer shall keep an account of all money received by’ him for taxes collected pursuant to the rate fixed by the council, as required in this act, and as required by law. and on the first day of each month shall certify’ to the auditor the gross amount collected by him for the preceding month, and the portion of said amount so collected that is county funds shall be available for the use of the county, and may be drawn upon for the purpose of paying any item of appropriation for such year or any part thereof.

[Sec. 31. Provides for the complete settlement by the county commissioners with the treasurer at January meeting.] Sec. 32. The county council shall have the exclusive power to authorize the borrowing of money for the county, but the total amount of county indebtedness shall not exceed an amount equaling two (-) per cent, of the taxable property of such county, as the same may appear on the tax duplicate for the year in which such loan shall be effected. The ordinance authorizing such loan may direct the issue of bonds or other county obligations, negotiable or otnerwise, bearing interest at a rate not exceeding six per cent, per annum, and running not to exceed twenty (20) years. It shall be lawful to provide that the bonds of any series may mature by installments payable annually, or otherwise, if deemed for the public interest. It shall be lawful to issue and sell bonds for any lawful cori>orate purpose, except that no bonds shall be issued or sold to pay for any current expenses of such county incurred after the passage of this act. Temporary loans may be authorized to meet current running expenses to an amount not exceeding the revenue for the current year, and only as an anticipation of such revenue. It shall be the duty of said council each year to levy an annual tax within the rate prescribed by law. sufficient to pay all current running expenses of the county, including such temporary loans and interest on county indebtedness. and shall also make a levy as heretofore required to be made by the county commissioners under section 5753 of the Revised Statutes of 1881. if the county have any bonded indebtedness. If for any reason the amount of revenue in any year should fall short of the sum expected to have been raised, and thereby a deficit shall be incurred for current running expenses, then it shall be the duty cf said council to provide for such deficit in the next tax levy. Whenever any bonds are authorized the ordinance shall state the purpose for which said bonds are Issued, so that the record may show that such bonds are issued either for the purpose of paying any county indebtedness incurred before the passage of this act or for county expenses authorized by law other than current running expenses, or for the payment of bonds issued for said lawful purposes after the passage of this act. Sec. 33. Hereafter the board of county’ commissioners, or any authority, shall have no power whatever to maxe any allowance for voluntary services, or for things voluntarily furnished, and no power to pay or cause the same to be paid for. out of the county’ treasury; they shall have no power to allow, pay or cause to bo paid any money out of the county treasury to or for the relief or support of any pauper or poor person whatever, or liable to become such, if such person be at the time not an inmate of some county institution. They shall have no power to contract for services of any physician to attend upon any poor of the county other than inmates of the county’ institutions; and they shall have no power to pay. or cause to be paid, either per diem or mileage or other compensation to any justice of the peace for making returns or reports to the county auuitor or other county authority, or for dockets or other supplies for justices of the peace. All laws or parts of laws conferring power upon any authority to make payment out of the county treasury for any of the matters mentioned in this section, are hereby repealed. Sec. 34. No sale or conveyance of any’ real estate of the county of the value of one thousand dollars or more, and no purchase by the county of any real estate of such value, shall take place, except pursuant to an ordinance of the council authorizing such sale or purchase and fixing the terms and conditions thereof. Sec. 35. No supplies or materials of any sort to be paid for out of the county treasury shall be purchased, contracted for or procured by any one except by’ the board of commissioners, or persons authorized by’ them, and no warrant shall be drawn on the county treasury and no funds disbursed In payment for any supplies or materials unless the same have been so purchased. Sec. 36. The board of commissioners, having the exclusive power to purchase materials and supplies of any and every sort which are to be paid for out of the county treasury, shall purchase such supplies or materials only upon the written requisition Os the officer or employe for whom or for whose work such supplies or materials are deemed necessary. The form of such written requisition shall be prepared by the auditor and approved by the board of cpmmlssioners. and printed blanks furnished to the various countyofficials and employes entitled to make such requisitions. The same shall describe with reasonable particularity the kind and quantity of all supplies or materials needed, the purpose for which they a »-e needed, and the place where they’ are to be used. It shall be the duty of all officers ad employes of the couny who need anv supplies or materials to be paid for out of the county treasury, to present to the board of commissioners on or before the first day’ of September in each year, their written requisitions as hereinbefore provided, for all materials and supplies required bv them, and each of them, divided under apprpriate headings, properly classifving the same, for the ensuing calendar year, ft shall be the duty’ of the board of commissioners, having required and received such requisitions from each officer or employe of the county entitled to make the same, to prepare full and definite anv specifications on or before the first Tuesday after the first Monday of October of •’ach year, of the kind and Quantity of aU materials and supplies needed for the county for the ensuing calendar year. Drawings, models or blanks t l be prepared when needful to make definite any specifications. In preparing

such speelficatloys the l»ard of commls- | signers may reduce the amount of any requisition submited to them as they think proper, but said commissioners may not purchase, contract for nor procure any materials or supplies not called for in such requisitions on fib* with them as herein required, unless by the vote of two commissioners entered in their record stating the necessity' therefor. After the preparation of sin h specifications of materials and supplies so required for the ensuing year, the same shall be placed on file and kept in the auditor’s office, where they shall be open to public inspection. The commissioners shall caustj a brief notice to be published one time in each of two leading newspapers of general circulation published in the county, if there be such, representing respectively' the two political parties casting the highest number of votes in such county at the last preceding general election, in the month of December of each year, informing the public of the general nature of the supplies and materials required by the county' and of the fact that specifications for the same are on file in the auditor’s office, and calling for sealed proposals for such supplies by a day stated in said publications and not earlier than ten days after said publication. No bids shall be received for any materials or supplies differing from the exact specifications prepared and filed as hereinbefore required. Said board shall, after a satisfactory bid is received, let a contract to the lowest responsible bidder for each line or class of supplies or materials required. One line or class shall consist of blank books, records, special ruled blanks and similar materials, and another class shall consist of legal cap stationery, tablets, pens, ink, pencils, and other similar materials required, and another class shall consist of letter heads, envelopes, printed stationery and such blanks as can be printed and ruled at a single impression, ana similar materials. The purpose of such classification being to secure the freest competition and the lowest prices from dealers: Provided, That they may reject any and all bids and readvertise for new bids. Bids shall be submited separately’ and contracts shall be let separately upon pach line or class of material or supplies. In every case the contract so let shall flx not only the price but the exact amount or quantity’ to be furnished, except that in the case of contracts for meats, groceries, dry goods, fuel, and house furnishings required for the subsistence of inmates of county’ institutions, and blank books, blanks and stationery’ for the use of the county, the board may in its discretion let contracts for such articles at stated prices, leaving the amount or quantity to be furnished to vary with the needs of the county. All such contracts for materials or supplies required for the isuing calendar year shall be made for the entire year for the particular line or class of articles or materials embraced in the contract, and it is declared to be unlawful to make partial contracts for a portion of the year’s supplies, except that county' asylum, poor farm and workhouse supplies may' be contracted for quarterly instead of annually. If after such letting an emergency shall arise for the purchase of additional materials or supplies, before the next period above fixed for another letting, the board of commissioners shall have power to receive requisitions, make publication and receive bids for such additional materials or supplies in the manner above provided for the annual letting of contracts, but such power for the purchase of additional materials or supplies made necessary by such emergency shall not be exercised except a certificate be signed by two of the three commissioners certifying that in their judgment an emergency exists for such additional purchases and what the emergency is, which certificate shall be filed in the auditor’s office and spread upon the records of the county commissioners. Sec. 37. In all cases in which the board of commissioners are now’ or may hereafter be authorized by' law to contract for the execution of any' public undertaking, said board shall cause to be prepared and placed on file in the office of the auditor complete and detailed specifications of the same, including full and complete drawings if the same consists of the construction or reconstruction or material alteration of any bridge, jail, court house, asylum or any’ other public structure. Likewise such specifications shall be supplemented by full and complete drawings or models in all other cases where the same are needful or desirable to completely and definitely ueflne the work so proposed to be undertaken. Upon the filing of said specifications and drawings in the office of said auditor, said board shall cause a brief notice to be published * * * informing the public of the general nature of the proposed undertaking and of the fact that drawings and specifications are on file at such office, and calling for sealed proposals for such work by’ a day fixed in said publication, but not earlier than two weeks after said publications. In all cases where the amount involved exceeds two thousand ($2,000) dollars, such advertisement shall be published twice in each of such newspapers, and the time for receiving bias shall be not earlier than four weeks after the first of such publications. Further publications may also be made when deemed for the public interest. Sec. 38. No warrant shall be drawn by the auditor and no funds shall be paid out of the county treasury in payment of any’ claim unless the same has been fully itemized and its correctness verified by tho claimant, or some one in his behalf, and filed with the auditor more than five days before the first day of the session of the board of commissioners at which time the same is allowed. No warrant shall be drawn and no funds shall be paid out of the county treasury in payment of any claim for materials or supplies unless the same have been purchased pursuant to the provisions of this act. nor until the same has been approved by the commissioners. The commissioners shall not approve any claim for materials or supplies until they are satisfied that the same have been delivered to the county’ in compliance with the contract. In every case the person authorized to receive such materials or supplies on behalf of the county shall check up item by item the invoice or bill for the same immediately’ upon receiving them, and shall certify in writing upon said invoice or bill the materials or supplies therein listed have been furnished and delivered to him in accordance with the contract; or in case there shall be any’ deficiency, either in quantity or quality, or any discrepancy between the materials or supplies delivered and the contract, or any failure to comply with the contract in any particular, such person shall certifv the facts in writing upon said bill and shall deduct therefrom the just amount. Such bill or invoice, with such certificate shall be immediately filed with the auditor, but the same shall not be allowed by the commissioners unless the auditor certifies in writing that the same corresponds as to quantities and prices with r’le contract. Such certificates shall not be conclusive, but it shall be the duty of the commissioners, before approving any claims, to otherwise satisfy themselves that the contract has been complied with. Sec. 39. In all cases where a claim is filed upon a contract with said commissioners for work to be conducted under the supervision of the county surveyor, or of any architect, engineer, superintendent or inspector appointed by said commissioners, said board shall not allow such claim until such surveyor, architect, engineer, superintendent or inspector shall certify in writing upon said claim that the work therein mentioned has ben performed according to cont-act. and that the amount of said claim is due and owing by the terms of said contract. Such certificate must be filed with the claim, but the same shall not be conclusive, and it is declared to be the duty of said commissioners to inform themselves as to whether said money is due and owing under the contract, before allowing such claim. No warrants shall be drawn and no funds shall be paid out of the countytreasury in payment of any claim on any contract with the commissioners for the execution of any public undertaking, except such contract has been let pursuant to the provisions of this act. nor unless said claim has been filed and allowed by the commissoners in the manner herein required. [Sec. 40. Provides that when bonds are to be sold the auditor shall place on file printed copies of the ordinance authorizing the bonds; a statement of the indebtedness of the county and amount of assessment of property.] Sec. 41. In all cases where any county officer is authorized by this act to receive bids for any purpose, it shall be the duty of the county auditor to prepare and furnish to possible bidders printed forms on which all bids shall be submitted. No alteration or erasure in the form of said bi<l from that prescribed by the auditor, with the approval of the commissioners, shall be permitted, and no bid shiJil be

received which does not comply with thi.i provision. In the of the sale of bonds, each bld «liall state the full amount in ca.’h which will be paid by the bidder for the total issue of bonds, and shall be accompanied by a certified check of three per cent, of the par value of the bonds to be sold, drawn against i money deposited in any reliable bank in said county, if any, or if there is no such bank in the county, then in some bank in the state. Such check shall be payable to the board of commissioners, and shall be held as a guaranty of the performance of said bid should the same be accepted. i Such check shall be returned to the bnlI der if his bid shall not be accepted, but if I accepted the bidder shall forfeit the amount thereof to said county snould he fail to perform his bid. Similar requirements for a deposit of certified checks may be required in any other case where bids are received pursuant to this act, if in the discretion of the commissioners receiving such bids it shall seem for the public interest. No bid for any contract for any public undertaking shall be received unless accompanied by good and sufficient bond, payable to the board of commissioners of said county, signed by at least two resident freehold sureties, or by sureties, or by a surety company, resident or non-resident, to the approval of said board. Said bond shall guaraty the faithful performance and execution of the work bid for according to the plans and specifications and according to the time, terms and conditions of the contract. in case the same is awardM to said bidder, and that the contractor so receiving said contract shall promptly pay all debts incurred by him in the prosecution of such work, including labor, materials furnished and the board of laborers. Similar requirements for bond and surety may be made in any other case where bids are received, if deemed for the public interest. In all cases bids shall be publicly opened for the first lime in the room of said county commissioners, during business hours. All bids received shall be endorsed by the auditor “accepted” or ••rejected.'' and shall be preserved on file in the auditor’s office and be subject to the inspection of any citizen. Upon the acceptance of a bid. a formal contract embodying the terms thereof, shall, wherever the same is desirable or necessary, be prepared by the auditor, with the advice of the county’ attorney, for the approval of the commissioners, and the same shall be executed by both parties. [Sec. 42. Provides that bidder for contracts shall file with proper officer an affidavit that he has not entered into a combination relative to price to be hid for such contract; if guilty of such collusion bidder forfeits contract.] [Sec. 43. Makes it the duty of the county auditor to prepare blanks and furnish to all persons entitled to use them for the purpose of carrying out the provisions of this act.) Sec. 44. Whenever the auditer shall draw a warrant for any claim pursuant to this act, he shall charge tne same against the amount of the appropriation made for such purpose. In case any claim shall embrace materials or supplies or labor for more than one officer or institution the same shall be divided and the proper amount charged against the fund appropriated for each officer or institution receiving such materials or supplies. Similar apportionments of charges shall be made in ail other cases where any claim should be apportioned between different appropriations. Sec. 45. In any ease where money is paid out of the county treasury contrary to the provisions of this act, the same may’ be recovered by suit in the name of the state of Indiana, on the relation of the board of commissioners of the county against the officer or officers unlawfully disbursing or assisting therein, or against the person receiving such funds, or both. In case said commissioners shall fail to institute such suit, any citizen or taxpayer may, after thirty (30) days, demand in writing upon said commissioners that such suit be instituted, and. upon the failure or refusal of such commissioners to comply with such demand, institute such suit in the name of the state of Indiana, on his own relation, for the benefit of such county. In any’ such suit, whether on the relation of the county or of a citizen or taxpayer, there shall be recovered in addition to the amount of money paid out of the treasury in violation of this act, interest at the rate of six per cent, per annum, and the just attorney s fees and necessary expenses of the plaintiff in the bringing and prosecution of said suit, to be determined by’ the court. Sec. 46. The board of county commissioners, at its first session in every year, shall make a fair and accurate statement of the receipts and expenditures of the preceding calendar year, and shall cause the same to be posted up at the court house door and at two other places in the county, and published once in each of two hading newspapers of such eountv, if any there be. representing respectively the two political parties casting the highest number of votes in such county at the last preceding general election, and it shall be unlawful for the board of commissioners to pay for publishing said statement in more than two newspapers. [Sec. 47. Fixes rate to be paid for advertising at $1 per first insertion, and 50 rents for each additional insertidft of 250 ems.] [Sec. 4S. Provides for the appointment of the councilmen by’ the circuit court to hold office until their successors are elected and qualified and for filling vacancies.] See. 49. The provisions of this act requiring appropriations to be made by the county council and prohibiting warrants upon the county treasury being drawn, or money paid thereupon, except pursuant to such appropriations, shall be construed to apply only to warrants so drawn or money so paid on and after the first day of the first calendar year for which appropriations can have been made by’ such council pursuant to the provisions of this act: and shall not be construed to prevent the drawing of warrants or payment of money in the meantime pursuant to authority of law other than this act. And all powers which are by’ this act vested in the county council, but by other law’s are authorized to be exercised by other bodies or officers, shall continue to be so authorized until such time as the council is required to have been appointed or elected and qualified under the provisions of this act. [Sec. 50. Provides that the board <r’ county’ commissioners’ regular sessions beginning on the first Monday of each month, and continuing only so long as the necessary’ business of such session absolutely requires. The county commissioners serving under this act shall receive for their services the compensation now or hereafter fixed by law.] Sec. 51. In all cases where by’ law a notice, report or statement of anv kind'is required to he published for the cost of publication of which the county’ is liable, it shall be unlawful for the board of commissioners to allow or pay’ for publishing the same in more than one newspaper unless said publication is expressly required by law to be published in more than one newspaper. And in no case shall any publication be made or paid for in more than two newspapers in the same county. Any member of the board of commissioners violating any of the provisions of this section shall be fined in any sum not less than sso nor more than SSOO. [Sec. 52. Repeals all conflicting laws.] TOWNSHIP BILL. Senate Bill No. 31—New: An Act Concerning Township Business. [Section 1. Provides for the creation of a township advisory board of three members; provides for filling vacancies, and requires annual meetings, and says: “At such meeting the board shall consider the various estimates of township expenditures proposed by the township trustee. and shall have power to concur in such estimates, or in any part thereof, or to reject any proposed item, in whole or in part. Any existing indebtedness need not be paid until due. And the advisory board at the first annual meeting may apportion the payment of any existing indebtedness other than to the county or for current expenses for a named term not exceeding five years. When they shall have determined upon the estimates and amounts for which taxes should be levied upon the property and polls within said towmship for the ensuing year, they’ shall then determine and flx the rat-s of taxation ujK>n such property and polls as to the estimated purposes severally. The rates so determined by such board they shall then certify to the county’ auditor, who shall place the same upon the tax duplicate and the same shall be collected and enforced as prescribed by law. The rates so prescribed snail be deemed a levy and lien upon the property of such township from and after the first day in April of such year, and such levy’ shall be deemed an appropriation for the specific purposes for which such esU*

nates are fixed. Said board shall keep a record of their proceedings In a separate > »k to be furnished by such trustee, and kept as a part of the records of the township, to be known as the record of the advisory’ board of such township, and to remain In the custody of the chairman of such board. Said board shall elect, one of its members secretary for Said board, who shall record the proceedings thereof at any meeting, in full, under the direction of the board, which shall bo signed before the board adjourns. Any meeting may adjourn from day to day till the business Is completed.] [Sec. 2. Provides that taxpayers may attend meetings of the board.] Sec. 3. Annual meetings, expenditures, and tax levy.—The trustee shall at least thirty (30) days, and not more than forty (40) days, before the annual meeting of the advisory board, in each year, jKist <*t or near the door of all postoffices in the township a statement of the several estimates and amounts of the proposed annual expenditures and the rates of taxation proposed for levy against the property within such township, for the several funds to be expended for his township during the calendar year, and also copies of such notice shall be puSlished one time in the issue printed in the first week of August of each year in the two leading newspapers published in the county, representing the two political parties casting the highest number of votes in such county at the last preceding general election, and one publication in a newspaper published in the township interested, if there be a paper published therein. The cost of such publication shall not exceed two dollars in any one year to any one paper, and the cost of necessary copies for posting and delivery to the board shall not exceed $1.50 in any one year. And he shall furnish within like periods to each of the members of the advisory board a statement of such estimates and amounts. (Here follows blank form.] The trustee shall procure and lay before the advisory board at the annual meeting thereof, the assessed valuation of the taxable property of the township for such year, and also the number of taxable polls in such township. 'Sec 4. Require trustees to attend meetings of advisory board and furnish an itemized estimate for all expenditures of any nature whatever, and specify number of teachers en>ployed; estimates of bridge and road work and supplies furnished justices of the peace.] [Sec. 5. Provi(p‘s for compensation of board not to exceed $5 per annum.] I Sec. 6. Provides for called meetings of the board, the call to stipulate what business is to be transacted.] [Sec. 7. Requires township trustees to keep in a financial record an itemized account of the financial affairs of the township in a form of books adopted by the auditor of state.] Sec. 8. Annual settlement with the board.—The trustee shall present to the advisory board at the annual meetings thereof, complete reports of all of the receipts and expenditures of his office since the last annual meeting, with the balances to the credit of each fund under his charge; and if he has any money from any source in his hands, or under his control, which is not included in any particular fund as shown in such report, then he must state all the facts concerning such moneys in his report. Each item of expenditure shall be accompanied by the verified receipt of the person to whom the sum evidenced thereby has been paid, stating particularly for what article or service the payment has been made; that the sum receipted for is the exact sum received and that no part thereof has been retained by or returned to or has been agreed, directly or indirectly to be returned to the Trustee, or to any other person, and the trustee is empowered to administer oaths to the persons giving such receipts. The report so presented shall be verified by the oath of the trustee, showing that the* sums with which he is charged in said report are all of the sums received by him, and that the various items of expenditure credited have been fully paid in the sums stated, and without express or implied agreement that any portion thereof shall be retained by or repaid to him or to any other person. And the trustee shall subscribe and take oath that he has received no money nor article of value in consideration of any contract made by him as such trustee. The board shall consider and approve, in whole or in part, the report of the trustee so made, and any sum appropriated and remaining In the hands of the trustee, unexpended, and for which no liability exists against the township, shall be deemed and credited in favor of the fund for which it was appropriated, and shall be considerered In the ensuing levy. The expenditure of any fund, in whole or in part, to any account for which it was not appropriated by said board, shall be deemed by the board a balance of such fund unexpended and in the hands of tne trustee, for which he shall be liable upon his bond. Any member of the board may administer oaths, and said board may send for persons, books and papers if necessary in such examination of said report, and when the examination is closed they shall enter of record their action thereon, specifically stating such parts and items as may be altered or disallowed. Such annual reports shall remain under the control of such board, the ‘‘ustody thereof to be held by the chairman, and at anj time shad be subject to Inspection by any taxpayer of the township. On the annual final settlement beint? made, the trustee shall, within ten uv) days thereafter, file a copy of such report as adopted by the board, with the accompanying vouchers in the office of the county auditor to be preserved; and upon failure the trustee, shall forfeit five (>a.oo) dollars per day for each day until so filed, to be collected by suit of the board for the benefit of the township. In case tho term of the trustee shall expire, or he shall resign or die;'then he. or his administrator. shall at once make final settlement with the loard.

Sec. 9. If a trustee finds it necessary to erect a new school house, he shall procure suitable specifications therefor, to be used by the bidders in bidding ana in the construction of said house. It he desires to purchase any’ school furniture, fixtures, maps, charts or other school supplies, excepting fuel, and literary periodicals in such amounts as may be year, he shall make an estimate of the authorized by the advisory board, in any kinds and amounts, itemized particularly to be used by’ bidders therefor. If it is necessary to make repairs on or about the school houses other than current or incidental repairs, he shall likewise make an itemized statement of the nature and character of the work to be made for the use of bidders. He shall in like manner, make a schedule of such work as may be necessary in the repair or construction of bridges in his township for any one year. All contracts shall be let, after notice given, by posting for three <3) weeks in fixe <5) of the most public places in the township, and also at or near the door of each postoffice therein, stating briefly the buildings, repairs or supplies sought to be let, and when and where bids will be received and opened therefor; and if the contemplated expenditures in any one class shall be five hundred (Ssoo> dollars or more, he shall post notices as aforesaid, and also publish notice thereof for one (1) time in two leading newspapers published in the county representing the two political parties casting the highest number of votes in such county at the last preceding general election: Provided. That one of such publications shall be made in a newspaper published in the township interested, if there be a newspaper published therein. The advisory board shall attend the letting At the letting all the work or supplies in any one class shall be included and let in a single contract. All bids shall be in writing and be opened and read publicly at the time and place fixed in the notice. The trustee may take time to examine and satisfy himself as to wnlch Is the lowest and best bid. and shall advise with the advisory’ board thereon; and said board is hereby empowered to reject any and all bids. The trustee shall endorse on the bids whether rejected or accepted and preserve the same. When a Nd is accepted, a proper contract shall then be reduced to writing for such building, ri - pairs or supplies, as the case may be. and be signed by’ the successful bidder and the who shall require the bidder to give bond with security, to be approved by him. for the faithful execution of such contract. ISec. 10. Provides township trustees shall receive for their services the compensation now or hereafter fixed by law.} Sec. 11. All contracts made in violation of this act shall be null and void. [Sec. 12. Provides for appointment ot advisory board to serve until successor* are elected and qualified.] This township reform bill does not repeal the law of ISDS requiring township trustees te publish their annual io. orU.