Rensselaer Union, Volume 6, Number 24, Rensselaer, Jasper County, 5 March 1874 — A DEFECTIVE LAW. [ARTICLE]

A DEFECTIVE LAW .

A recent number of ibo La Fayette Courier says that Judge Vinton, of the Tippecanoe Circuit Court, in a recent decision held that the treasurer of a board of school trustees wai not accountable for the interest on the fund in his hands on the ground that his liability tvas covered and measured by hia bond —that he was in no sense a trustee of the moneys, bat in his relation to the same was simply a debtor or acoonntant to the public, and that the legal title to the money was in himself; his only duty being to disburse the actual moneys lie receives according to law. In brief, he is not a bailee, and the common law of bailment or trusteeship does not apply, aa in the case of guardians, etc. The treasurer is responsible on his bond for the money received if it should be lost by robbery, casualty, or unavoidable accident. We presume that this opinion is in accordance with the laws of our State, and would be confirmed by the Supreme Court, if brought to her notice; but it lays bare a weak place in the laws which gives opportunity for official peculation by which the public is injured both in a material and a moral point of view. To illustrate how the public is injured, in material at least, take the case of the railroad tax in Jasper county. In - two years about 148 ,000 was raised for tbe purpose of aiding a railroad company which never called for it, and the money was left in the custody of the ■ county treasurer. Say for tlie two years the amount for which he was accountable was $30,000 and probably the estimate is not too large. The legal rate of interest in Indiana may be ten per C6nt., but for the sake of obtaining first-class security suppose it was loaned at only six per cent., then there would be a revenue of SI,BOO a year to the lender, or $3,600 for two years.— According to Judge Vinton not a cent of this interest would accrue to the county, notwithstanding that she pays for holding the elections by which the tax is voted, pays for the extra duplicate upon which it is entered, pays the treasurer for collecting it, and, finally pays for disbursing it among the tax-payers again; but it may go into the pockets of the county treasurer. And, •las, for the weakness of poor humanity, hew few can resist such a temptation! The extra expense to the people of Jasper county attendant upon the voting, levying, collecting, and disbursing that tax will not fall much short of two thousand dollars; but, had the law. not been defective, the interest on the money would have paid all this expense, and left a surplus besides. This case is but an illustration of hundreds all over Indiana, and we might say thousands, for the rule extends in application from State officers down to township trustees, and, as we have seen, even to treasurers of school boards. The moral influence of this lack or weakness of our law is even still more deplorable. Men go into : these offices perfectly honest, some of them professors of religion who would suffer the terrible tortures inflicted upon the early Christians rather than be guilty of taxing anything that did not belong to them, and who would consider it gross injustice to take a thing that belonged to a neighbor and use it w ithout his consent or giving him pay. After betog in office awhile they see a chance for speculation. A little ready'money to invest will bring a quick return and large dividend. It is a 6nrething—ascertain as the revolution of the earth.— There is no possible chance for loss. He has no money of his own on hand at tbe time, but in his possession is money belonging to the public which will not be ealled for v nntil money of his own will be in "to replace it, or until his speculation will have matured and yielded its increase. He takes this public money, uses it to promote his private ends, is successful, and, while he has added to hia store of worldly goods, he has blunted his moral perceptions, and afterwards will look upon public property as a lass sacred trust. Speculation after •peculation may J>e successful, bat after awhile more hncardous risks ore taken and losses- begin to follow until, when tbe day of settlement comes, the bubble is pricked, and the Christian office-holder is published to the world aa a defaulter and goes forth a dishonored man. Sometimes, however, one of these unfortunately weak men baa , wealthy friends w ho assist him to

| make restitutiou; but this does not seem to mend matters much so for as he is concerned, andh blight appears to follow wherever he goes and so curse whatever he touches The knowledge that the law is defective and that large sums of public money is accumulated in city treasuries, at county seats and at State capitals which may be used for private speculation brings to these points a set of shrewd, unscrupulous men who form cliques and rings'for the purpose of getting control of these moneys for their own private advantages, often to the public injury. And in many other ways are evils felt,that result j from the imperfection of our laws for the protection of public funds. The law ought to be amended bo as to provide safe places for depositing public money, to prohibit officers speculating with it for private advantage, and to authorize its loan on ample security at reasonable interest for such tithes as it is not required for public use, the interest on such loans to go into the general fund in the absence of any other provision. An exchange says that Rev. E. P. Hammond, the noted Evangelist, in answer to the request of some of the inmates recently held a prayermeeting in a house of ill-fame in St. Louis. Several city clergymen and a number of well-known ladies accompanied him. ’lt is reported, as tbe result of their visit, that several of the girls signified their intention to reform. In commenting upon this episode, the Valparaiso Vidette observes “This is true religion—never to refuse to go where good is likely to be done, wren ii it be in a saloon.” llow marked is the contrast between Mr. Hammond’s course and that pursued by a couple of clergymen in this place, two or three years ago! Some of the patriotic citizens had arranged a Fourth of July programme and invited one of the ministers to officiate as chaplain.— lie accepted the appointment, and it was so announced in the bills.— Afterwards the young people made arrangements to have an out-of-doora ball on grounds contiguous to that selected for holding the celebration exercises on, but not to be opened until two or three hours after those exercises were concluded. This ungodliness so shocked our worthy chaplain’s 'sensitive ideas of propriety, that lie declined to officiate. The committee of arrangements then waited upon the other clergyman (it being time for exercises to commence), and he also declined “to act aa chaplain of a dance,” though he was present on the ground. Since then one of these gentlemen lias moved away, but thewther one remain? to draw his salary and accept annual donations with a resignation that is truly beautiful, and which does not enquire how much thereof come 6 from unregenerate purses.