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The Indianapolis Journal
Indianapolis, Marion County, Indiana
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BOBS UP LIKE A CORK FEE AND SALARY LITIGATION AGAIN IN THE SUPREME COURT. Mrs. Beckner's Charges Against Justice of the Peace Habich—The Iron Hall Claims. Judge Wiley, of the Benton Circuit Court, has taken a fall out of the fee and salary law by declaring it unconstitutional. This latest county officers' litigation reached the Supreme Court yesterday. This time it is the suit of the Benton County Commissioners against Abram C. Boice, treasurer of that county, and his bondsmen, to recover $414.87 fees which they charge that Boice collected during the quarter ending Dec. 4, 1893, and refused to pay into the treasurer's fund, as provided by the fee and salary law. Boice claims that he is not bound to pay these fees into any fund, and that the law allows him to retain them as part of his compensation. He has refused repeatedly to turn the amount into the treasury as requested, although, so the commissioners claim, he knows his salary under the new law is $1,350. They made an order for the payment of his salary for the quarter ending Dec. 14 last, but he denied that his compensation is only $1,350, and asserts that he is entitled to take and retain as his compensation all fees received or collected by him for services rendered by him in his official capacity. The quarter's fees in dispute exceed his salary as fixed by the new law $77.37. The commissioners lost their case in the Benton Circuit Court, the defendant's demurrer to the complaint being sustained. This demurrer was to the effect that the complaint did not state facts sufficient to constitute a cause of action. The commissioners yesterday appealed the case to the Supreme Court on the ground that the lower court erred in sustaining the demurrer. Elliott & Elliott, of this city, and Brown & Hall, of Fowler, are the treasurer's attorneys, while George H. Gray, of Fowler, represents the commissioners. The fee and salary law is getting so used to being hustled about in the courts that it never knows just "where it is at."
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FEE AND SALARY LITIGATION AGAIN IN THE SUPREME COURT.
Mrs. Beckner's Charges Against Justice of the Peace Habich—The Iron Hall Claims.
Judge Wiley, of the Benton Circuit Court, has taken a fall out of the fee and salary law by declaring it unconstitutional. This latest county officers' litigation reached the Supreme Court yesterday. This time it is the suit of the Benton County Commissioners against Abram C. Boice, treasurer of that county, and his bondsmen, to recover $414.87 fees which they charge that Boice collected during the quarter ending Dec. 4, 1893, and refused to pay into the treasurer's fund, as provided by the fee and salary law. Boice claims that he is not bound to pay these fees into any fund, and that the law allows him to retain them as part of his compensation. He has refused repeatedly to turn the amount into the treasury as requested, although, so the commissioners claim, he knows his salary under the new law is $1,350. They made an order for the payment of his salary for the quarter ending Dec. 14 last, but he denied that his compensation is only $1,350, and asserts that he is entitled to take and retain as his compensation all fees received or collected by him for services rendered by him in his official capacity. The quarter's fees in dispute exceed his salary as fixed by the new law $77.37.
The commissioners lost their case in the Benton Circuit Court, the defendant's demurrer to the complaint being sustained. This demurrer was to the effect that the complaint did not state facts sufficient to constitute a cause of action. The commissioners yesterday appealed the case to the Supreme Court on the ground that the lower court erred in sustaining the demurrer. Elliott & Elliott, of this city, and Brown & Hall, of Fowler, are the treasurer's attorneys, while George H. Gray, of Fowler, represents the commissioners. The fee and salary law is getting so used to being hustled about in the courts that it never knows just "where it is at."
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Location
Benton County
Event Date
Quarter Ending Dec. 4, 1893
Story Details
Benton County Commissioners sue Treasurer Abram C. Boice and bondsmen to recover $414.87 in fees he collected but refused to pay into the treasury under the fee and salary law. Boice claims the fees are part of his compensation beyond his $1,350 salary. Lower court sustained demurrer; case appealed to Supreme Court.