Stiffler v. The Board of Commissioners of Delaware County

• Decision Date: 13 May 1891
• Docket Number: 15
• Parties: STIFFLER v. THE BOARD OF COMMISSIONERS OF DELAWARE COUNTY
• Court: Indiana Appellate Court

27 N.E. 641

1 Ind.App. 368

STIFFLER v. THE BOARD OF COMMISSIONERS OF DELAWARE COUNTY

No. 15

Court of Appeals of Indiana

May 13, 1891

From the Delaware Circuit Court.

Judgment affirmed, with costs.

J. N Templer, for appellant.

W. W Orr, for appellee.

OPINION

BLACK, C. J.

The appellant presented to the appellee a claim which the appellee disallowed. The claimant appealed to the circuit court. The appellee demurred to the complaint, and the court sustained the demurrer. The only question before us relates to this ruling of the court.

The claim was an account for services rendered by the appellant as auditor of Delaware county, in filing and preserving in his office, "under sections 5895 and 5908, R. S 1881," certain papers, in the years 1886, 1887 and 1888.

By section 5895, R. S. 1881, it is provided that the auditor, by virtue of his office, shall be clerk of the board of county commissioners of his county, and shall keep an accurate record of all the corporate proceedings of such board; and that he shall preserve the documents, books, records, maps and papers deposited in his office, and, at the expiration of his term, deliver the same to his successor.

By section 22 of the act of March 31st, 1879, Acts of 1879, pp. 130, 137 (section 5907, R. S. 1881), it is provided that the county auditor shall be allowed a defined salary "for his services, and no more, except as provided for in this act." Under the same section he is to be allowed a specified sum per year for making all reports required by law to the auditor of state.

Section 23 of said act (section 5908, R. S. 1881) provides that, in addition to the compensation provided for in the preceding section, auditors may charge certain fees specified in said section 23, for certain services therein designated, "to the persons for whom such services are rendered."

The claim in this case is for $ 188.87, for filing and preserving 18,887 papers, and it is professedly based upon the last subdivision of said section 23, providing as follows:

"The auditor shall file and preserve all papers and vouchers coming into his hands as such auditor, necessary to be filed, and for filing each paper required by law to be filed, he shall receive one cent."

By section 24 of said act it is provided that for services rendered by the auditor in any matter litigated before the board of county commissioners, the same fees shall be taxed and collected by him as are allowed clerks for similar services, including proceedings in highways, turnpikes and ditches; but that the auditor shall not be paid any fees for services in such cases where the county is the losing party, and the costs are taxed against the county in favor of the successful party; also, that auditors shall receive one per cent. for the management of the permanent school fund of the county held in trust and loaned, and no other fee or compensation therefor.

Section 25 of said act provides that "Auditors shall furnish all blanks and stationery for affidavits or other documents for parties in which he receives a specific fee for the service rendered in using such blank or stationery: Provided, That the county shall furnish all books, stationery and blanks required in doing the public business pertaining to the auditor's office."

By section 39 of said act it is provided that the board of county commissioners shall, unless in cases of indispensable public necessity, to be found and entered of record as a part of their orders, make no...