USA > Indiana > Johnson County > History of Johnson County, Indiana > Part 9
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JOHNSON COUNTY, INDIANA.
sheriff. (See Fiske's Civil Government in the United States, pp. 51, 63.) In the collection, he proceeded to the "most usual and best known place of residence of each person charged with state or county revenue" to make demand of payment, and where collections were made the same were paid to the county treasurer, although in this respect many of the earliest financial transactions of the county business were very irregular. For example, at the May session, 1826, of the county board of justices, accounts were struck with the clerk by the following entry: "Samuel Herriott now produces vouchers for $27.5614 for books, papers, seal, etc., together with $2.44 allow for trouble in procuring the same ballances the thirty dollars re- ceived by him from John Smiley, collector of revenues."
The collection must have been accompanied with many difficulties. The roads were mere Indian trails and paths through the forest. The tax list was based on specific taxes, not on valuation. But the task was lightened by the scarcity of taxable property. In the year 1826 John Smiley, sheriff, col- lected all told $335.25, for which he received a commission of $18.6634.
Robert Gillcrees, acting under appointment of the board of county jus- tices, served as collector of state and county revenue for the year 1827, under a special statute to that effect. But in the years succeeding, until 1838, the sheriffs acted as such collectors. In May, 1838, Hiram T. Craig was appointed by the county board the collector of state and county revenues, and he was succeeded in 1839 by Arthur Mulikin. The office of collector was abolished in 1839, and its duties conferred upon the county treasurer.
The county treasurers of the earlier days had many difficulties in handling the various kinds of money then in use. Some money was good, other money was bad, and frequently notes of banks greatly depreciated in value .. When William C. Jones assumed the office of treasurer in 1842 he received of county funds "the sum of one hundred and forty-one dollars, being fifteen in treasury notes of 1841 and eighty in treasury notes of 1842, and thirty-six dollars in Illinois paper and ten dollars Urbana paper, Ohio." In 1850 William Bridges, retiring treasurer, was allowed a credit of twenty- one dollars for "depreciated bank paper remaining in his hands."
I apprehend that at a still earlier day, when money was not to be had, that taxes were paid in furs, merchandise or products of the farm, for in 1826 the board of justices ordered the county agent "to notify those per- sons indebted for public property that unless the debts due the county are paid by the 25th of December next suit will be brought on the same, and that after that time nothing will be taken but specie."
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JOHNSON COUNTY, INDIANA.
Prior to 1843 the county treasurer was appointed yearly by the board of county justices and commissioners; in that year the office was made elective, the incumbent to serve three years. In 1851 the office was made a constitutional office, and the term fixed at two years, where it has since re- mained. No person is eligible more than four years in any period of six.
Since December 1, 1907, under the provisions of the act creating depositories of public funds (Acts 1907, P. 391, and amendments thereto; Acts 1909, pp. 182, 324, 437; Acts 1911, pp. 425, 616; Acts 1913, p. 279), the county treasurer is required to deposit all county funds and other public funds in banks and trust companies selected by the county board of finance, and keep daily balances showing the amount and character of such deposits. The county thus gets the benefit of interest on all its funds and the treasurer has now no income from interest on public funds, nor may he convert them to his own use for any purpose.
The treasurer, upon receipt of the tax duplicate from the auditor, pro- ceeds to give notice to all persons of the several rates of taxation in the various townships and municipalities. Under our law, taxes for any year are collected the ensuing year; thus, taxes collected in 1913 are based upon the assessments and levies made in 1912. Taxes are payable in two install- ments, the first half becoming delinquent after the first Monday in May, and the second half after the first Monday in November. But all road taxes must be paid at the first payment, at which time, if the taxpayer has "worked out" his road tax under the direction of the road supervisor, he is allowed credit therefor by the treasurer. Under the recent act of 1913, however, the taxpayer may work out his road tax only to the amount of twenty dol- lars, and the excess must be paid to the treasurer in cash.
The county treasurer must also receipt and account for all other money due the county, including principal and interest of school funds, fees collected by county officers, proceeds of sale of county bonds, fines and forfeitures, and many license fees. He makes settlement with the state semi-annually, on the first days of July and January. He also pays twice a year to the township trustees the revenues belonging to the townships. He collects all taxes due incorporated towns, and makes semi-annual settlement with the town treas- urers.
Since the act of 1909, abolishing the office of city treasurer in certain cities of the fifth class, the treasurer of Johnson county has acted as treasurer of the city of Franklin, collecting all taxes and special assessments and pay-
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ing out the same on warrant of the city clerk under order of the common council. He also serves as treasurer of the funds belonging to the Franklin public library.
The treasurer is ex-officio a member of the county board of review, and for his services as such receives a per diem of three dollars. The city of Franklin pays him an annual salary of three hundred dollars as city treas- urer. His salary as county treasurer is one thousand nine hundred dollars, and he also receives six per cent. on all delinquent tax collections, which amount to about three hundred dollars. The total cost of the office to the county in 1912 was $2,836.76.
The following named persons have filled the office of county treasurer :
Joseph Young
1823-1827
John Adams
1827-1836
Robert Gillcrees
1836-1841
Madison Vandivier
1841-1842
William C. Jones
1842-1844
William F. John
1844-1845
William Bridges
1845-1850
Henry Fox
1850-1853
William H. Jennings
1853-1856
Jacob F. McClellan
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1856-1861
John Herriott
1861-1863
Hascall N. Pinney
1863-1865
William S. Ragsdale
1865-1869
George Cutsinger
1869-1874
John W. Ragsdale
1874-1878
George W. Gilchrist
1878-1882
David Swift
1882-1886
James Jacobs
1886-1890
Thomas E. Valentine
1890-1894
William H. Breeding
1894-1896
William B. Jennings
1896-1901
William A. Bridges
1901-1905
George W. Wyrick
1905-1909
Thomas J. Forsyth
1909-1913
Harry Bridges
1913- '-
John W. Wilson was elected to succeed George Cutsinger in 1872, but
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he died March 2, 1873, before his term of office began, and Cutsinger held over until after the general election in 1874.
William F. John, the first treasurer elected by the people, qualified September 4, 1844, and died during his term. His successor, William Bridges, qualified September 1, 1845. See Commissioners' Record, page 169. Bridges resigned January 7, 1850, and his successor, Henry Fox, was appointed on the next day.
CLERK OF CIRCUIT COURT.
The clerk of the circuit court receives and files all pleadings presented to the court and makes a record of their entry; attends all sessions of the circuit court and administers oaths to witnesses; issues all writs and processes under seal of the court; records all judgments and entries of the court. He may in vacation of court issue letters of administration upon the estates of deceased persons and admit wills to probate, as well as issue letters of guard- ianship over the estate of minors. He collects all money due the county for fees for services rendered by himself or the sheriff; handles all funds be- longing to estates for distribution; collects all judgments, and makes quar- terly settlement with the treasurer for fees of his office collected.
He issues marriage licenses, hunting licenses, and many other special licenses. In insanity cases, he makes record of the proceedings and applica- tion for admission to the asylum and furnishes suitable clothing to the in- mate. He is ex-officio a member of the board of election commissioners, filing all certificates of nomination, preparing all ballots and supplies, re- ceives all returns, and keeps a record of the same. He is ex-officio a jury commissioner, in the filling of the grand and petit jury panels. He certifies to all transcripts and copies of records in his office.
He is required to keep his office open at the county seat every day in the year ( Sundays and the Fourth of July excepted), between the hours of nine A. M. and four P. M. He must in our county furnish a bond in the sum of fifteen thousand dollars, to the approval of the board of commissioners. He is allowed a salary of two thousand, two hundred dollars; an allowance of two dollars per day for attendance in court, certain mileage and allow- ances in election cases, and since the act of 1913 is allowed to retain the fees charged for transcripts to be used on appeal to the circuit court. The clerk's salary for 1912, including all fees and allowances, amounted to $2,836.76.
Samuel Herriott was the first clerk of the circuit court, serving as such from the first organization of the county until May, 1839, when he resigned
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and the vacancy was filled by the selection of David Allen. Herriott was one of the first three men to engage in the mercantile business in the city of Franklin, locating here in 1825. He built the first jail and turned over the keys therefor to John Smiley, sheriff, in January, 1827. On the 9th day of March, 1830, he and John Herriott made a contract with a committee, consisting of Abraham Lowe, Thomas Henderson, Mahlon Saybold and George W. King, representing the board of county justices, to build a court house in the town of Franklin. The work on the court house was com- pleted and final payment was made to the contractors in May, 1833. It was without doubt the largest public contract carried out up to that time, as the payments made to the contractors indicate a contract price of about one thousand dollars.
According to Judge Banta the new county-seat town received its name of Franklin at the sugggestion of Herriott, who had by reading a biography of Dr. Benjamin Franklin become a sincere admirer of the greatest civilian of colonial history. Samuel Herriott and Joseph Young, partners in the mercantile business, erected the first frame building in Franklin township, a store room on the northwest corner of the public square. He was a Whig in politics and the leader of his faction. He was also a leader in financial affairs, being the organizer and president of the Franklin Insurance Com- pany. And when the insurance company, in 1856, took the form of a bank- ing organization, he became the first president of the Indiana Farmers' Bank at Franklin. He died in Franklin on May 1. 1863, at the age of seventy-two years.
David Allen, the second clerk of the circuit court, serving from 1839 to 1844, was also sheriff of the county from 1845 to 1847. During the latter part of his term as sheriff, he organized a company of soldiers for service in the Mexican war and was made captain. He died of illness during his service in the war, in the early part of the year 1847. His name is given by Judge Banta and others as clerk during the year 1847, but Order Book 4, at page 86, of the records of the circuit court, shows that Isaac Jones died in May, 1847, during his term as cierk and that on the 29th day of May, 1847, Royal S. Hicks was appointed clerk pro tem. to serve until the August election, at which time Jacob Sibert was elected to the office.
Of those who filled the office in later years perhaps none was better known than William H. Barnett. Born in Bourbon county, Kentucky, on October 10, 1820, he came with his father, Thomas, to Johnson county in October, 1822. He came to Franklin at the age of thirty-two and became
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deputy clerk under Jacob Sibert. From 1855 to 1863 he was clerk and for the next eight years was auditor. He served one year in the Legislature, beginning in January, 1881. In 1886 he was elected recorder and served one term.
One of the interesting episodes connected with the clerk's' office grew out of the election of Isaac M. Thompson in the year 1870. Mr. Thompson was the candidate on the Republican ticket, his opponent being Capt. W. A. Owens. Mr. Thompson, according to the board of canvassers, received a plurality of one hundred and fifty votes in the county. Mr. Owens con- tested the election, and the cause was tried before the Hon. Samuel H. Bus- kirk, a judge of the supreme court of Indiana, who handed down a long opinion with his findings in the cause. A part of this finding we set out to show how irregular was the method of voting then in vogue. After setting forth the agreement of the parties to limit the evidence to be considered to that concerning the election in Blue River township, the court proceeds : "8. That the election board in Blue River township was composed of the fol- lowing persons, namely: Isaac M. Thompson was the trustee of said town- ship and by virtue of said office he acted as inspector of said election. James Ward and Adolf Dambert acted as judges, John Ward and William Strawn acted as clerks. James and John Ward belonged to and acted and voted with the Democratic party, Adolf Dambert and William Strawn belonged to and acted and voted with the Republican party. James and John Ward were opposed to the nomination of William A. Owens as the Democratic candi- date for clerk, but recognizing their obligation to vote for the nominee of their party, they voted for Mr. Owens, but they secretly and at heart desired the election of Mr. Thompson, who was their personal friend but political opponent. But the evidence does not satisfy my mind that Mr. Thompson knew of their secret wishes when he selected them to act as judge and clerk of said election. The said James and John Ward had acted in the same capacity in the said township for many years prior to said election and on all of said occasions had been selected by and represented the Democratic party.
"That between II and 12 o'clock on the day of the election the members of the board at different times went to their homes and got their dinner. James Ward, Mr. Dambert and Mr. Strawn first went to dinner. They left Mr. Thompson and John Ward. When they returned Mr. Thompson and John Ward went to dinner. These different parties were absent from twenty to thirty minutes. The polls were kept open and votes were received during
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the time when portions of the board were absent. When the three members were absent Mr. Thompson received the votes and Mr. John Ward kept both tally papers; while Messrs. Thompson and John Ward were absent, Mr. James Ward received the votes and Mr. Strawn kept both tally papers. There were about forty-seven votes received during the times when portions of the board were absent. There was no evidence tending to show that any illegal votes were received or that any legal votes were excluded during the time when portions of the board were absent or that the ballot box was in any manner interrupted with.
"That after the polls were closed the ballot box was unlocked and opened and about twenty-five ballots were counted when the members of the election board separated and went to supper. . Mr. Dambert took with him the ballots that had been counted and placed on the string. Mr. Thomp- son locked the ballot box and put the key in his pocket. Mr. James Ward took the ballot box under his arm and went home with Mr. Thompson for supper. When they arrived at home at the residence of Mr. Thompson they went into the family sitting room, where sat Miss Keifer, of Indianapolis, who was visiting Mr. Thompson. Mr. Ward placed the ballot box on the bureau in the sitting room and then took a seat and engaged in conversation with Miss Keifer. Mr. Thompson immediately went into the kitchen. In a short time he passed through the sitting room and went out and obtained a beefsteak. On his return he passed through the sitting room without stop- ping and went to kitchen; from there he went to his stable; during the time Mr. Thompson was absent Mr. Ward and Miss Keifer remained all the time in the sitting room and were so seated that the ballot box was all the time in their view. When Mr. Thompson announced that supper was ready Mr. Ward and Miss Keifer went into the adjoining room, leaving the ballot box on the bureau, and the door between the two rooms was left open. Just as the party were sitting down at table, Mr. Thompson remarked that the ballot box had been left in the sitting room and stepped to the door and reaching into the room took the ballot box and placed it in a safe in the room where they were eating their supper, and it remained there until they were done eating, when Mr. Ward took the box under his arm and in com- pany with Mr. Thompson returned to the place of holding the election and passed through the business part of town after being absent from thirty to forty minutes. From the above facts I am satisfied that the ballot box was not opened or in any manner interrupted with during the time it was absent from the place of voting.
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"The election was held in a room fronting on one of the principal streets of the town of Edinburg. The room was fifteen by fifteen. There was an open glass front, which was not closed by shutters. A pane of glass was taken out, through which the tickets were received. The ballot box was placed on a stool about two or three feet from the window. During the night the room was lighted by two oil lamps that gave a very imperfect light and during the latter part of the night the light was very dim. During the latter part of the night Mr. Strawn was sick and during a part of the time Mr. John Ward had to keep up the entries on both tally sheets. Several times during the counting of the ballots it was ascertained that the tally sheets did not agree. When this was discovered the counting was stopped and Mr. Strawn's tally sheet was corrected by Mr. Ward's tally sheet.
"That when the counting was completed and the returns made out, the tickets and papers that did not have to be returned to the board of can- vassers at the county seat were placed in the ballot box and, that being locked, was delivered to Mr. Dambert, who took it to his house, where it re- mained until the next morning, when he took it to Mr. Thompson's house and left it with him. The ballot box was retained by Mr. Thompson until the Monday succeeding the election, when it was sealed in the presence of the judge of said election, the contents had been looked at, but no careful ex- amination having been made thereof, before the sealing.
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"That the tally papers of the election in Blue River township shows that Mr. Thompson received in the said township 383 votes and that Mr. Owens received 95 votes. The ballot box was produced in open court. It was admitted in open court that the box produced was the one used at said election in said township and that it was in the same condition that it was when produced before the board of canvassers, and the evidence showed that when produced before the board of canvassers it was in the same condition that it was when sealed up on the Monday succeeding the election. The tickets found in the box were taken out and counted in open court, and under the direction of the court the following facts were ascertained: There were 315 ballots that had the name printed or written the name of Isaac M. Thompson : there were 35 ballots that had the name thereon 'I. M. Thomp- son,' which were counted Isaac M. Thompson; there were 10 ballots that had the name William A. Owens printed thereon; a pencil mark had been drawn across the name of Mr. Owens in such a manner as to mark the erasure plain and distinct and there was no uniformity in making the eras- ures. The name or word 'Thompson' in different hand writings and
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variously spelled were written with pencil. These ten ballots were counted for Isaac M. Thompson. There was one ballot without any number on it with the name of Isaac M. Thompson printed thereon, and was properly counted to contestee; counting all these ballots for Mr. Thompson, they only make 351, being 32 less than the number counted for him as shown by tally papers and returns of election board and certificates of the board of canvassers.
"There were in the ballot box 96 ballots that had the name 'William A. Owens' on them; there were 2 ballots that had the name 'Owens'; there were 5 ballots that had the name 'A. A. Owens' on them; there was I ballot that had on it the name 'Wm. Owens'; there were 23 ballots that had the name 'William A. Owens' printed on them. Across the name of Mr. Owens on these 23 ballots, a small and delicate mark was drawn with a pencil. The marking seems to have been done by the same person. There is great uni- formity in all the marks. The marks are not made in a careless and hurried manner, but were made with deliberation and precision. The marks seem to have been made with the deliberate purpose of having the legal effect of de- stroying the ballots as votes for Mr. Owens, and that the marks should not be so obvious to the voters that they could readily see it, but that it would escape their attention and cause them to vote under the honest belief that they were casting their votes for Mr. Owens who was their choice. The ex- amination that I have made of these marks in daylight and by gas and with different shades and reflections of light, the evidence of experts examined on this trial and experiments that have been made by others in my presence have satisfied me that these marks were made on these tickets before they were placed in the ballot box and that the voters who deposited them in the ballot box intended to and believed that they were voting for Mr. Owens and that they did not discover the marks, and therefore they honestly and in perfectly good faith and with the highest regards for truth testified that the name of Mr. Owens was not marked on the ballots they had deposited. That if the 5, the 1, the 2, and the 23 ballots hereuntofore referred to are added to the 96 ballots found in the ballot box for Mr. Owens it would make his vote in Blue River township 127, which deducted from the ballots found in the box for Mr. Thompson would leave a majority for the contestee in said township of 225 votes instead of 288 as certified by the election board.
"That while the persons composing the election board in Blue River township were guilty of irregularities in receiving votes when a part of the members thereof were absent, in separating at supper time, in taking the
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ballot box away from the place of holding the election before the ballots were all counted, in assorting the ballots and counting by fives instead of counting them one by one as taken from the ballot box, in leaving the ballot box containing the ballots and other papers unsealed until the Monday suc- ceeding the election, and in counting for Mr. Thompson more votes than there were ballots in the ballot box, there is no evidence from which I can find that these things were done fraudulently or corruptly."
"That there is no evidence in this cause that will justify me in finding that any member of the election board in the said township of Blue River was guilty of fraudulent or corrupt conduct or in any manner tampered with the ballot box or the ballots by scratching any ballots or by taking out legal ballots and putting in illegal or fraudulent ballots, nor that the contestee was a party to or had any knowledge of the fraud that was practiced on the voters by marking the name of Mr. Owens in such a manner as to escape observa- tion.
"Upon the foregoing facts, I find for the defendant."
Not a few lawyers got their training in the legal profession in service as deputy clerks. Fabius M. Finch, one of the early leaders at the bar and twice honored with a place on the bench, was a deputy under Samuel Her- riott. Royal S. Hicks and Charles Byfield were admitted to the bar but did not engage in the practice of the law. Edward F. White began his training for the profession as deputy under Samuel Harris and David Fitzgibbon, and was followed in office by Thomas Williams, deputy for three years under the last named clerk.
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