Indianapolis Times, Volume 33, Number 159, Indianapolis, Marion County, 12 November 1920 — Page 10

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BONES EXHIBITED IN MURDER TRIAL Kansas ‘Farm’ Proprietor, Convicted, Plans to Appeal Case. LYNDON, Kan., Nov. 12.—Attorneys for Rufe King, alleged proprietor of a “murder farm” here, today were preparing to appeal the conviction in first degree murder rendered by a jury here late yesterday. King was to be sentenced tooay to life imprisonment for slaying John Woody, a neighbor farmer, whose bones were found on King’s farm. A gunny sack of human bones was the most dramatic evidence at the trial. The sack was emptied on a table lg the courtroom and the bones sorted by experts, who testified they belonged to three alleged victims of the “murder farm.” One set was identified as the skeleton of Woody. The case is unparalleled in Kansas criminal annals, as six witnesses for the defense testified they saw Woody alive after the date on which the prosecution charged he was slain. The Jury returned a verdict of guilty, however, after forty-five minutes deliberation. STATE SHIPPERS TO JTAJCESTAND Give Tfteir Side at Hearing in Freight Rate Case. Indiana shippers were to be called upon to testify this afternoon in the case of increased rates for freight and passenger transportation by Indiana railroad companies In intrastare commerce which is being conducted In the Federal building by W. A. Disque, attorneyexaminer for the Interstate Commerce Commission. Representatives of the mill shippers of Kentucky were heard yesterday afternoon and today brick shippers from Illinois took the stand, at the conclusion of which the Indiana men were to be called, j In ruling out cerf-in evidence Mr. Disque read orders from the Interstate Commerce Commission pointing out definitely the testimony which he could hear. The substance of the instructions Is that he is to ascertain whether Indiana railroad rates on freight and passenger transportation were too low, and whether I the rates cause, or will cause, undue or | unreasonable prejudice, preference or ad- ! vantage between persons or localities in Intrastate commerce on one band, and if I they cause or will cause undue advantage or preference against interstate commerce. It is also specified that as representing the Interstate Commerce Commission. Mr. Disque will recommend what rates i will be charged by the petitioners to re- i move the discrimination, if any is found to exist. 2 Versions of Fight Given in City Court "He hit me such a on the jaw. judge, that I could not eat for three days,” explained Henry Moews in city court today, “and he pulled my ear half off.” William Johnson, 25, of 243S Brightwood avenue, was charged with assault and battery on Moews, as the result of a quarrel over harness. Johnson explained to the court. "I hit him only once and then I boxed him the rest of the time.” Special Judge Abrahams fined Johnson (5 and costs. Police Search for Driver of ‘Mad’ Truck The police are searching for two men who were in a heavy automobile truck that went wild at Indiana avenue and West streets late Thursday. The truck jumped the curb, broke down an electric light pole, live wires failing to the sidewalk, and crashed Into the front door of Ollie H. A. Gocke's drug store, hacked away from the debris and was driven away before the police arrived.

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GIRL’S TRAGEDY HIDDEN BY SONG Applauded While Heart Snaps for Dead Brother. ATLANTA, Ga„ Nov. 12.—Margaret Ford, singer of topical songs at a local theater, last night started to sing, but her voice began to break badly, her bright smile became ghastly and a childish voice near the front was heard sayin, “Mama, the lady is crying.” Miss Ford fled from the stage. When the manager found her weeping in her dressing room and asked the trouble, she pointed to a telegram which read: “Your brother was killed today in an explosion at a mine ia Gaffney, S. C." Against the protest of the manager, ten minutes later Miss Ford again faced the audience, sang faultlessly and retired while a storm of applause broke from the audience who knew naught of the tragedy behind the scenes. JERKED IN COURT FOR PEPPY SPEECH Member of Parliament Out on Bond Pending Hearing. LONDON. Nov. 12.—Lieutenant Coionet Cecil L'Estrange Malone. Liberal member of the House of Commons, who was arrested on the charge of making seditious utterances during a speech at Albert Hall, was arraigned In Bow street police court today, but the case wag postponed for a week. Lieutenant Colonel Malone was released on bonds of 1,000 pounds sterling. * The presiding magistrate ruled that Lieutenant Colonel Malone should not make speeches except in the House of Commons, pending the outcome of the case. The attorney for the prisoner claimed he had not been advised of the exact charge until the r arraignment and the postponement was granted to give him time to prepare the defense. Lieutenant Colonel Malone was cheered by a large crowd ns he left the courtroom. Runs Into Auto Patrolman John Mosby, negro, suffered a broken arm late last night when he ran into the rear of an automobile at Delaware and Washington streets. Mosby wjs running to catch a street car and ran against the rear of a passing automobile falling to the street and breaking his arm. He was taken to the City Hospital.

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DELINQUENTS PAY EXCESSIVE FEES, CHARGE (Continued From Page One.) that in suen Instances more than one levy was made by the collector. “The law proviaes mat where a levy is made the delinquent must either pay or execute a bond payable to the State of Indiana to secure the payment within 00 days, with good freehold sureties acceptable to the treasurer, otherwise Immediate possession Is had of sufficient personal property to liquidate the taxes and costs. In fact, in the majority of cases the law is not followed./ The collector goes into a district and makes demand upon all delinquents therein and If no payment is made, he leaves a copy of notice’and bond and returns the original to the treasurer’s office as evidence of the fees due him. We cannot reconcile the need of more than one bonaflde levy. “The Supreme Court has in many opinions ruled that no office is entitled to any fee or compensation, other than that provided by the statutes. As there is no statute providing the $2 fee, all that part in excess of the statutory authority is Illegal and would be In violation of Sec. 2389 R. S. 1914. “It Is important that delinquents be compelled to pay their taxes and it is the duty of the treasurer to enforce payment l>y distraint, if necessary, but under the pin followed in this county, the fee seems to he the more important. “The record shows many cases where the penalty was remitted by the auditor's certificate of error and still ths treasurer added the $2 fee.” Regarding treasurer-s costs retained from partial payments of taxes In 191S # and 1919, the report states: “The records show that the treasurer accepted partial payment of delinquent taxes from taxpayers and received a fee for collecting same by deducting the amount of such fee from the amount paid, thus leaving a balance of taxes unpaid. “Section 7334a Burns R. S., 1914, provides fees allowed to the county treasurer In addition to any salary provided by law, with the following provision: ‘but such fees and expenses snail only be paid In the event they arc eo; looted from the person delinquent. In addition to the delinquent taxes or are realized from the sale of personal property after levy and sale.’ ” COSTS RETAINED FROM PARTIAL PAYMENTS. A summary of the treasurer’s costs retained from partial payments of taxes In 1918 and 1919. with the amount retained by Mr. Sourbler, follows: Indianapolis, $1,827.53; Indianapolis Wayne, $134.65; IndDnapolls Warren, $20.08; Indianupolls-Washingtou. $5.50; Center Township, $15.04; Woodrnff Place, $4.30; Broad Ripple, $17.85: Warren Township, $3; Franklin Township, $11.50;

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INDIANA DAILY TIMES, FRIDAY, NOVEMBER 12,1920.

Terry Township, $7.50; Washington Township, $2; Decatur Township, $3. Total, $2,039.05. “On the payment of the above total amount, the Items as shown In the foregoing list should be credited on the tax duplicates and the taxes distributed by the county auditor at the next distribution of taxes,” the report states. Illegal demand fees totaling $1,106.26 were collected by Mr. Sourbier, the report states. No specific fee was charged. It states, and the fee was levied against the property taxes instead of against the individual, as should have been the case. Regarding- the illegal demand fees, the report says’: “These fees were added to the taxes, penalty and advertising costs on real estate advertised for sale, as shown to be due by the auditor’s and treasurer’s sale notice for 1918 and 1919 and are illegal and excessive fees not authorized by statute. “Sec. 10324, Burns R. S. 1914, provides that ‘in case such delinquent tnx and penalty is paid upon demand, such treasurer shall charge and receive from such delinquent, in addition to the taxes and penalty, a sum of 50 cents.’ "The above fees added to taxes and tosts of advertising were not collected demand of the treasurer, but were l;nd by the owner on account of the ad•ertising for sale. “We can find no authority of law whereby a demand made upon a written jotiee by the treasurer, previous to the advertising for sale, would carry forward and be due the treasurer, as he certainly dbl not co.lect the taxes on any demand made by him. We further find to authority of law which provides for u demand fee for the treasurer on delinquent taxes against real estate, providing such taxes be collected by demand or. levy on such owner’s peronal property. “It will be noted from the tabulation of illegal fees, that in the majority of cases, a fee was charged and collected upon each lot advertised of from 25 to 50 cents. If two or more lots belonging to the same person were advertised, a fee of

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50 cents was usually collected for each lot. In some Instances the fee was reduced to 25 cents for each lot and In other Instances, only one fee was collected for a number of lots.” Hundreds of these Items appear In the report, and the board states since they are not public funds, neither the State nor the county can wemand payment of this sum Into the public treasury. Mr. Sourbler,- however, would be required to refund each sum to each individual taxpayer should the Individuals demand payment, t KRTIFICATES OF ERROR ISSUED. “The records show that certificates of error were issued as credits to the treasurer for penalties charged on delinquent taxes in the J,une and December, 1919 settlement, representing taxes in the sunt of $20,606.94,” the report continues. “The ! .Tune and December settlement sheet shows that the auditor deducted from the total delinquent tax collected on ae-

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count of no penalty being collected the sum of $16,282.95, with an amount of $4,323.99 remaining on which the treas urer was erroneously allowed 6 per cent, or the sum of $259.44. “On the payment t>y Mr. Sourbler of the excess received as treasurer’s 6 per cent fee, $259.44, the county auditor should distribute as taxes to the several corporations in the next distribution of

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tuxes, the amount! as set out in the above statement. “The records show that. E. G. Sourbier received warrant dated Jan. 17, 1920, for $4,599.80 as treasurer’s 6 per cent on delinquent taxes collected after the December settlement. The total tax represented by certificate of errors issued as credits to the treasurer for penalties charged on such delinquent taxes amount to $1.15739. This amount was deducted

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from the total delinquency collected on the June, 1920, settlement gheet and a warrant issued to Treasurer It. A. Lemcke for the remainder of the treasurer’s 6 per cent fee. “As the amount paid to E. G. Sourbier represented 6 per cent of the gross delinquent collections, there is due to ( the present treasurer from E. G. Sourtoier the sum of $69.44.”

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