Jasper County Democrat, Volume 10, Number 6, Rensselaer, Jasper County, 11 May 1907 — THE COURT HOUSE [ARTICLE]

THE COURT HOUSE

Items Picked Up About the County Capitol. The Newton circuit court convenes Monday. | —o—jPhe"county commissioners will hold a special session next Tuesday to sign up the RemingtonCarpenter township stone road bonds. J. D. Allman, county treasurerelect, goes to Indianapolis to-day to bring his brother George home to Remington, he having improved greatly and expressed a desire to be brought home. —ol— suits filed: No. 7165. State of Indiana, ex rel, George L. Parks, vs. William C. Huston et al; suit to recover funds alleged to be in hands of defendant received by him as trustee of Milroy tp. —o — Circuit judges are lining up with Judge Artman of Lebanon on the liquor license question, and this week the commissioners of, Morgan county held that the fight to license the business does not exist, and licenses were refused two applicants. An appeal will be taken to the circuit court. ] At the board of education meeting Monday John Barce, republican. of Rensselaer, was elected truant officer in place of N. Littlefield, democrat, the present incumbent, receiving 9 votes to the latter 7. Mr. Green, president of the Remington board, was not present, and the county superintendent casting a vote lined up the board on political lines.

Marriage licenses issued: May 4, Grover Smith, Jr., of Wheatfield, aged 23, occupation rural mail carrier, to Bonnie M. Biggs, also of Wheatfield, aged 17, occupation housekeeper. First marriage for each. May 7, Homer Allen Lambert of Remington, aged 21, occupation embalmer and clerk in furniture store, to Elnora May Morris also of Remington, aged 21, occupation housekeeper. First marriage for each. May 8, Harry J. Murray of Rensselaer, aged 28, occupation clerk, to Elva J. Fisher, also of Rensselaer, aged 23, occupation housekeeper. First marriage for each.

Suit was filed Saturday, ostensibly by Geo. L. Parks of Milroy tp., to recover township funds held by W. C. Huston, trustee of said township. The latter has some 1700 or SBOO of township money that the newly appointed trustee could not get wnen he secured forcible possession of the town-, ship books recently, and as the matter of determining who is the legal trustee of said trustee is still pending in the courts it would appear that this suit will not cut much figure until the other one is decided. Mr. Huston’s bondsmen are made parties to the suit of course, and a penalty or damages of ten per cent of the funds are asked for. The appelate court handed down another tax-ferret decision last week, in which it was held that the employment of ferrets on a per- centage basis was void unless the county council had made specific appropriations therefor. This decision will probably curtail the work of ferrets in Indiana. Practically all the several thousand dollars taken out of this county by the so-balled investigation of the tax payers made a few years ago by J. B. Workman under the old Fleener & Carnahan contract was illegal, as the appropriations were not made until after the work was contracted and done. But this is not the only instance by any means where money has been illegally paid out in this and probably many counties, as we could cite dozens of instances where work has been done or services been rendered where there were no appropriations to pay for such services. The courts have held in numerous cases that there must be an existing appropriation, and that where there is not the claim is void and cannot be collected.

The big Howe ditch matter came up in the circuit court Saturday and there being no objections to the ditch as a whole the same was ordered established with the county surveyor as construction commissioner. The assessment of the Monon railroad company was reduced from $335 to $135 on the main ditch, on their complaint that their assessment was too high, and Thompson & Lawler were released on 720 acres of land which it was claimed could not be drained into raid ditch, they being assessed for otttlet. This ditch covers practically the same route as the old Wakarusa, and the main ditch is 12 miles in length, and the estimated costs of construction is $34,583.42, while the lateral of about one mile in length it is estimated will cost $1,733.80. Other matters disposed of were: John F. Judy vs. William L. Wood; sent to Newton county on change of venue asked for by plaintiff. Rachel E. Knox vs. Mary A. Howe, administratrix of the estate of William C. Pierce, deceased; judgment for plaintiff in the sum. of $1,400. Emmet L. Hollingsworth vs. John W. Horton et al; E, P. Honan appointed receiver. —o— The county commissioners finished the work of the term Wed-nesday-and adjourned. Following is a report of their proceedings: Auditor directed to issue nine bonds of S6OO each and one of $555.42, to bear 6 per cent interest, in the Kankakee-Wheatfield stone road improvement; first bon<T|to become due and payable Dec. 1, 1907, and one bond each year thereafter. Auditor directed to give notice of letting of improvement for grade at Hebron bridge on first day June term. John J. Lawler, et al, petition for highway in Marion tp.; John Grooms and Elizabeth Gangloff remonstrate; George Daniels, John R. Lewis and John F. Payne appointed reviewers, to meet May 20. There was allowed $732.14 on the Moffitt ditch. Wm. Iliff declining to qualify as supt. of the Garrison-Horton ditch, Ule Iliff was appointed in hia stead. Drainage commissioners granted to June term to file preliminary report in the Jungles ditch. Wm. Parkison allowed $75 attorney fee in the Mary M. Potts ditch. E. P. Honan petition for ditch; referred back to drainage commissioners. E. L. Williams petition for ditch; final report set aside and petition referred back to drainage commissioners; H. L. Gamble resigns as drainage commissioner and matter referred to M. B. Price and Dan Waymireto make report as to source and outlet of ditch to Hodge ditch, etc.; remonstrators object to action of board. Final /report filed in Holmes ditch.

Thos. E. Reed petition for ditch; referred to drainage commissioners. Jerry Hees et al, petition to vacate portion of highway in Barklep tp.; R. B. Harris, Robt. Michal and Chas. Dean appointed viewers, to meet May 20. Notice ordered given for letting contract for supplies for poor farm for next three months on first day next term. John J. Lawler et al, petition for highway on county line between Newton and Jasper counties, Warren Robinson and Clay Harris, respectively, appointed viewers for Jasper and Newton counties, to meat at Roselawn May 20. Notice ordered given for letting contract first day next term for two new bridges in Barkley tp.; also for coal for use of co unty, 300 tons or less.