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ISlilll 




Gc 

977.2 
H62ic 
no. 79 
1157807 



GENEALOGY COUJECTION 



ALLEN COUNTY PUBLIC LIBRARY 



3 1833 02408 4789 



Digitized by the Internet Archive 

in 2012 with funding from 

Allen County Public Library Genealogy Center 



http://archive.org/details/inventoryofcountv79hist 



~*m 




INVENTORY OF THE COUNTY ARCHIVES 



OF INDIANA 



Prepared by 

The Indiana Historical Records Survey 

Division of Community Service Programs 

Work Projects Administration 

Sponsored by 
Indiana Historical Bureau 



No. 79. TIPPECANOE COUNTY 



(LAFAYETTE) 



The Indiana Historical Records Survey 

Indianapolis 

1941 



THE HISTORICAL RECORDS SURVEY PROGRAM 
Sargent B. Child, Director 

George W. Hubley, Jr., Regional Supervisor 
Roger A. Hurst, State Supervisor 

RESEARCH AND RECORDS PROGRAMS 
Harvey E. Becknell, Director 
George W. Hubley, Jr., Regional Supervisor 
John D. Stuckey. State Chief 

DIVISION OF COMMUNITY SERVICE PROGRAMS 
Florence Kerr, Assistant Commissioner 
Mary G. Moon, Chief Regional Supervisor 
Mildred E. Schmitt, State Director 

WORK PROJECTS ADMINISTRATION 

Howard 0. Hunter, Acting Commissioner 
George H. Field, Regional Director 
John K. Jennings, State Administrator 



F OK E WOKD 1±57807 

The Inventory of the County Archives of Indiana is one of a number 
of guides to historical materials prepared throughout the 
United States by workers on the Historical Records Survey 
Program of the Work Projects Administration. The publica- 
tion herewith presented, an inventory of the archives of Tip- 
pecanoe County, is number 79 of the Indiana series. 

The Historical R»cordg Survey Program was undertaken 
in the winter of 1935-36 for the purpose of providing useful 
employment to needy unemployed historians, lawyers, teach- 
ers, and research and clerical workers. In carrying out this 
objective, the project was organized to compile inventories 
of historical materials, particularly the unpublished govern- 
ment documents and records which are basic in the administra- 
tion of local government, and which provide invaluable data 
for students of political, economic, and social history. 
The archival guide herewith presented is intended to meet 
the requi rements of day- to-day admini s trat ion by the of f ic ials 
of the county, and also the needs of lawyers, businessmen 
and other citizens who require facts from the public records 
for the proper conduct of their affairs. The volume is so 
designed that it can be used by the historian in his research 
in unprinted sources in the same way he uses the library card 
catalog for printed sources, 

The inventories produced by the Historical Records Sur- 
vey Program attempt to do more than give merely a list of 
records—they attempt further to sketch in the historical back- 
ground of the county or other unit of government, and to de- 
scribe precisely and in detail the organisation and functions 
of the government agencies whose records they list. The 
county, town, and other local inventories for the entire 
country will, when completed, constitute an encyclopedia of 
loeal government as well as a bibliography of local archives. 

The successful conclusion ©f the work of the Historical 
Records Survey Program, even in a single county, would not 
be possible without the support of public officials, histor- 
ical and legal specialists, and many other groups in the 
community. Their cooperation is gratefully acknowledged. 

(iii) 



iv TIPPECANOE COUNTY 

The Survey Program was organized by Luther H, Evans, 
who 'served as Director until March 1, 1940, when he was 
succeeded by Sargent B. Child, who had be*»n National Field 
Supervisor since the inauguration of the Survey. The Survey 
Program operates ns a Nation-wide series of locally sponsored 
projects in the Division of Community Service Programs, of 
which Mrs. Florence Kerr, Assistant Commissioner, is in 
charge . 



HOWARD 0. HUNTER 

Acting Commissioner 



PREFACE 

The Historical Records Survey, one of the projects of 
the Division of Community Service Programs of the Work 
Projects Administration, was organized in January 1936 with 
Dr. Luthpr H. Evans as National Director. The survey of 
local public records wa* begun in Indiana on February 19, 
1936 as part of the Federal Writers' Project. Samuel J. 
Kagan was assigned to direct public records work, and was 
named State Director of the Survey in September 19S6 when 
it became independent of the Writers' Project. On September 
1, 1939 the Indiana Historical Records Survey became a state 
project under the sponsorship of the Indiana Historical Bu- 
reau, and Roger A. Hurst was appointed State Supervisor of 
the Survey in January 1940. Dr. Evans was succeeded as 
National Director by Sargent B, Child in March 1940. 

The objectives of the Indiana Historical Records Survey 
are to discover, preserve, and make accessible historical 
materials of a public or semi-public nature. Inventor ies of 
the records of counties, cities, towns, and churches, and 
guides to manuscript depositories and collections have been 
or will be published. The Survey also transcribes certain 
early county records as a measure of preservation. 

The Inventory of the County Archives of Indiana will consist of a sep- 
arate volume for each county. A list of inventories published 
to date appears at the end of this volume. Numbers are as- 
signed according to the county's position in an alphabetical 
list and thus the Tippecanoe County volume is number 79. 
The field work of the Survey in Tippecanoe County was begun 
March 2, 1936 and completed June 28, 1940. Much of the field 
work was performed under the supervision of Jul i an Jacobsoo , 
District 3 Supervisor of the Survey. Many field trips have 
been made since to check information used in this book and 
the final recheck was made by Claude Mallott in June 1940. 

The inventory proper is preceded by essays on the his- 
tory, government, and record housing of the county. The rec- 
ords themselves are described in entries giving the following 
information: Title of record, dates available, quantity, la- 
bel ing , variant ti ties , descr ipt ion of contents, arrangement, 

(v) 



vi TIPPECANOE COUNTY 

indexing, nature of recording, size, and location. The vari- 
ous" county bureaus~both existing and dp f unc i~ are arranged 
in functional order: governing boards; major administrative 
offices; judicial offices; and financial, election, education- 
al, heaHb, public wp! fare, engineering, and other groups. 
Wh erever applicable natural groupings under separate head- 
ings are made within each bureau. 

Field work for this volume was submitted to a state ed- 
itorial staff, of which the depar tment. heads were: Marshall 
Cowgi 1 1 , record entr ies and of f i ce essays ; W Davi s Hami 1 ton , 
legal research; Harry Graves, historical sketch; Howard Oates, 
proofreading and indexing; and Charles Griffin and William 
Spurgeon, cartography. This volume was mul ti graphed by Sur- 
vey personnel directed by William Deupree, who also served 
as managing editor and prepared the housing essay. 

The Survey is deeply indebted to many Tippecanoe County 
officials; to Dr. Christopher B. Coleman, Director, Indiana 
Historical Bureau, who gave valuable advice and service; to 
John K. Jennings, State WPA Administrator; to Mildred E. 
Schmitt, State Director, Community Service Program? Divi° 
sion, who has rendered the Survey important service in ad- 
ministrative matters; to John D, Stuckey, Chief, Research 
and Records Programs; and to many others who contributed 
time and effort. The Indiana staff has also received valuable 
advice and criticism from the National Office of the Survey. 

Five hundred copies of this inventory have been published 
and many have been distributed to libraries, universities, 
government offices, and other depositories over the state 
and the nation. Copies will also be available in Tippecanoe 
County for persons, offices, or institutions having occasion 
to use county records or to study local government. 

Roger a. Hurst 
State Supervisor 
The Indiana Historical Records Survey 

Indianapolis, Indiana 
April 1941 



TIPPECANOE COUNTY OFFICIALS 
1941 



BOARD OF COMMISSIONERS 
John Terman 
Furman Inskeep 
R. M. Biery 

COUNTY COUNCIL 

Lynn Miller 
W. R. McQueen 
Wi 1 1 iam Widmer 
Henry J. Ebershoff 
Edwin R. Clegg 
George F. Simler 
T, Eugene Bailey 

CLERK OF THE CIRCUIT COURT 
R. A. Schnaible 

RECORDER 

H. W. Eberbardt 

Judge of the Circuit court 
W. L. Parkinson 

Judge of the superior court 
Fred N. Prass 

jury Commissioners 
J. Kemper Sanders 
James H. Cassel 

Probation Officer 
Mrs. Grace Bauer 

Sheriff 

Earl Staley 



PROSECUTING ATTORNEY 
George E. Weigla 

County Assessor 

Robert D. Schwartz 

County Board of Review 
Robert D. Schwartz 
Clarence E. Baxter 
Otto E. May 
C. J, Munger 
David M, Boyle 

County board of Tax Adjustment 
David E. Ross 
Paul F. Royster 
Job Williamion 
Clyde C. Lewis 
T. E. Bailey 
Frank Henderson 
Fred Alexander 

Board of finance 
John Terman 
Furman Inskeep 
R. M, Bi©FF 
Clarence E, Baxter 
Aui tin R. Kill iao 
Clyde C, Lewis 
Paul F. Roygter 
Otto, E, May 

County Inspector of weights and 
Measures 

W. Forrest Moore 



CORONER 

L. C. Smith 



TREASURER 
Clarence E 



Baxter 



(rii) 



VI I 



TIPPECANOE COUNTY OFFICIALS 



County School Fund board 
Otto E. May 
Michael T. Ricks 
R . A . Schnaible 

AUDITOR 

Otto E. May 

Registration officer 
R. A. Schnaible 

BOARD OF PRIMARY ELECTION COM- 
MISSIONERS 

R. A. Schnaible 

Wible Hiner 

Albert Krabbe 

COUNTY BOARD OF CANVASSERS 
AND COUNTY BOARD OF ELECTION 
COMMISSIONERS 

R. A. Schnaible 

Wibl e Hiner 

Albert Krabbe 



County Superintendent of schools 
R. M. Marshall 

County Health Officer 
Harry E. Klepinger 

County department of Public 
Welfare 

Juliet M. Snyder 

Charles H. Robertson 

Arrol D. Heffner 

Beatrice Stahl 

Gladys Issac 

Leota Bahls 

COUNTY HIGHWAY SUPERVISOR 
Donald McClurg 

COUNTY AGRICULTURAL AGENT 
S. B. Pershing 

HOME DEMONSTRATION AGENT 
Marguerite Downing 



COUNTY BOARD OF EDUCATION 
Composed of Pres. of Board of School 
Trustees of Lafayette and W. Lafayette, 
and township Trustees. Board of School 
Trustees- Lafayette, Paul F. Royster, 
Pres.: W. Lafayette, 0. F. Hall, Pres. 

COMMISSION OF PUBLIC RECORDS 
Composed of the judge and clerk of 
the circuit court, the president of the 
board of commissioners, and the auditor 

SURVEYOR 

A. F. Buerkle 



0\V. 


NSHIP TRUSTEES 


G 


. D 


. Burkle 


Warren Reeves 


C. 


. W 


. Funk 


R. 


, L. 


, Steele 


C, 


, E. 


. Pell 


W 


. C, 


. Reinecke 


D. 


. S. 


Loman 


J. 


F. 


Henderson 


Earl 


Gay 


U. 


W. 


T r e i d a 


Georg 


e Ni sley 


R. 


J. 


Gi 1 tner 


Jo 


hn 


Quaintance 



CONTENTS 
Part A. Tippecanoe county and its Records System 

Page 

1. Historical Sketch ..'. 1 

2. Governmental Organization and Records System 29 

Legal status of the county. Structural develop- 
ment of county government: Officers; boards; 
courts. General administration; Contracts; 
actiong, Recordation. Judiciary. Law enfGra#« 
meat, Finance; Appropriations and budgets; 
taxation; excise taxes and licensing; fees; funds 
received from the state; claims and allowances; 
custody and disbursement of funds; public debt. 
Elections. Education: Funds; organization. 
Pub! ie heal th: Vi tal s talis i i cs . We 1 fare assist- 
ance . . Public works and property: Roads and 
bridges; publ i c bui ldings ; drainage; other public 
property. Agriculture, Records system. 

3. Housing, Care, and Ac cess ibi 1 i ty of the Records 112 

4. Bibliography .. 121 

5. Abbreviations,- Symbols, and Explanatory Notes 126 

PART B. COUNTY OFFICES AND THEIR RECORDS 

I. Board of Commissioners 131 

Proceedings and reports. Bond issues. Bids, 
bonds, and contracts. Claims and allowances. 
Public improvements. Liquor licenses. 

II. County Council 157 

III. Clerk of the Circuit Court 163 

Receipts and disbursements. Official bonds. 
Licenses and certificates: Marriage; profes- 
sional; commercial; hunting; fishing and trap- 
ping. Miscellaneous records. Maps. 

IV . Recorder 181 

Filing of instruments for recording. Land trans- 
fers: Deeds, titles, and plats, Mortgage trans- 
actions: Real estate; chattel. Liens. Miscel- 
laneous records. Fee and cash records. Maps. 
Newspapers . 

(ix) 



x CONTENTS 

Page 

•V, Circuit Court 201 

Civil causes: Filing of actions; original docu- 
ments; coroner's inquests; insanity; hospitali- 
zation; naturalization; receivership; minutes; 
orders; judgments; executions; complete tran- 
scripts; fee and cash records; Criminal causes: 
Indictments and affidavits; bonds; minutes; fee 
and cash records. Probate causes: Filing of 
actions; wills; bonds; inventories and sale 
bills; minutes; orders; complete transcripts; 
fee and cash records. Juvenile causes. Mis-- 
cellaneous records. 

VI. Superior Court 244 

Civil causes: Entry of causes; original docu- 
ments; minutes; orders; judgments; executions. 
Miscellaneous records: Juries; depositions; 
fee and cash records* 

VII. Criminal Circuit Court (1867-75) 253 

Filing of actions. Bonds. Court proceedings . 
Judgments. Appeals. Fines and costs. 

VIII. Court of Common Pleas (1853-73) 255 

IX. Probate Court (1829-53) 260 

X. Court of Common Pleas (1848-52) 262 

Civil causes , 

XI. Court of Conciliation (1853-65) 264 

XII. Master Commissioner 266 

XIII. Jury Commissioners 269 

XIV. Probation Officer 271 

XV . Sheriff 273 

Service on writs. Executions on judgments. 
Jail records. Fee and cash records. Miscel- 
laneous records. Maps. 

XVI . Coroner 286 

XVII. Prosecuting Attorney 290 

XVIII. Prosecuting Attorney, Criminal 

Circuit Court (1867-75) 298 

XIX. District Attorney (1853-73) 299 

XX. County Assessor 300 

XXI. County Board of Review 306 

XXII. County Board of Tax Adjustment 310 

XXIII. Board of Finance 312 

XXIV. County School Fund Board 314 

XXV. Treasurer 319 

Receipts and disbursements: General fund; 
school funds. Taxation: Real, personal and 



CONTENTS xi 

Page 
poll; intangible; public improvements; col- 
lections. Maps. 

XXVI. Tax Collector (1827-41) 335 

XXVII. Trustees of Public Seminary (1830-53) 336 

XXVIII. County School Commissioner (1829-49) 337 

XXIX. Commissioner of Three Percent 

Fund (1833-43) : 338 

XXX. Surplus Revenue Agent (1837-43) 339 

XXXI. County Agent (1826-52) 341 

XXXII . Audi tor 342 

Receipts and disbursements: General fund; 
school fund. Taxation: Real, personal and 
poll; public improvements; exemptions; tax 
sales. Official bonds. xiudits and reports. 
Miscellaneous. Maps. 

XXXIII. Registration Officer 382 

XXXIV. Board of Primary Election Commissioners 388 

XXXV. County Board of Canvassers 393 

XXXVI. County Board of Election Commissioners 396 

XXXVII. County Board of Education 402 

XXXVIII. County Superintendent of Schools 404 

Reports. Teachers. Pupils. Maps. 

XXXIX. County Health Officer 418 

XL. County Department of Public Welfare 427 

Proceedings. Old-age assistance. Blind. 
Dependent children, Appropr iati ons and dis- 
bursements , 

XLI. Board of Charities and Corrections (1905-36 ) 435 

XLII. Board of Children's Guardians (1901-36) ........... 435 

XLIII . Surveyor 436 

Surveys. Public improvements. Fees. Maps. 

XLIV. County Hi ghway Supervi sor 444 

Public improvements. Maps. 
XLV. County Inspector of Weights and Measures ...... 449 

XLVI. County Agr icul tural Agent 452 

XLVII. Home Demonstration Agent 455 

XLVI II Commission of Publ re Records 457 

XLIX. County Poundkeeper (1826-53) , 459 

L. County. Liquor Agent (1855-59) 460 

Index 463 

List of Survey Publications Follows index 

Illustrations Photograph, Tippecanoe County Cour t house. ..Frontispiece 

Map of Tippecanoe County xii 

Chart of Tippecanoe County Governmental Or- 
ganization, 1941 37 

Plans, Tippecanoe County Courthouse .. 115,117,119 



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Map of Tippecanoe County 



PART A. TIPPECANOE COUNTY AND ITS RECORDS SYSTEM 

1. HISTORICAL SKETCH 

Physical characteristics 

Tippecanoe County is located in the west central part 
of Indiana, northwest of Indianapolis. The county i§ reetan° 
gular in shape and has an area of 504 square ra i 1 p g or 322,560 
acres. By counties it is bounded on the east by Carroll and 
CI inton; 'on the south by Montgomery; on the wes t by Founta in, 
Warren, and Benton; and on the north by White and Carroll. 1 
Tippecanoe County derives its name from the Indian word 
Qui t- te-pe-eon-nac , a modification of Ki th- tip = p8 = ca-nunk, 
signifying in the Indian dialect^ buf f alo-f ish, which may 
have abounded in th@ waters of the Tippecanoe River in the 
distant past. 

The county lies almost wholly within the drainage basin 
of the Wabash River and its tributaries. The Wabash enters 
the county near its northeast corner, flows in a southwest- 
erly course until it reaches the center of the county, where 
it turns to flow west t© within 2^ miles of the Warren 
County line, where it again turns southwest until it crossei 
the western boundary of the county at a point 10 miles north 
of the southwest corner. 

Entering the county 4 miles west of the northeast 
corner, the Tippecanoe River flows in a southerly direction 
to empty into the Wabash at a point about 3 miles south 
of the northern boundary line. Numerous smaller streams 
flowing into the Wabash have cut channels from 10' to more 
than 175' deep, which as a rule carry off the surface 



Indiana State Planning Board, Preliminary Survey of County Planning Problems in In- 
diana Counties, 1935-36, Tippecanoe County section, p. 1, Typewritten manuscript in Indiana 
ary. 
R. P. DeHart, Past and Present of Tippecanoe County Indiana, I, 127. 



State Library 

2 



3 
Indiana Department of Geology and Natural Resources, Thirty-seventh Annual Report, 

1912, p. 252, (hereinafter cited as Indiana, Geological Report}. 
4 
Indiana, Geological Report, 1886, p, 64 : 

(1) 



2 TIPPECANOE COUNTY 

water quickly and afford good drainage." The Tippecanoe 
drains but a small part of the northeastern section of the 
county. Pine, Indian, and Burnett Creeks and their tribu- 
taries drain the area north and west of the Wabash River. 
The eastern half of the county, south of the Wabash River, 
is drained by Sugar, Buck, and Wild Cat Creeks, while the 
southwestern section is drained by Flint, Big Wea, and Lit- 
tle Wea Creeks. 6 

The general altitude of Tippecanoe County is approxi- 
mately 750' above sea level. The high bluff lying about 
4 miles north of Lafayette, and the uplands between Wild 
Cat and Sugar Creeks , have an elevation of a little over 8Q0', 

r) 

and these are the highest points in the county. 

Along the Wabash River and its principal tributaries, 
the surface of Tippecanoe County is generally broken and 
hilly. There are many tracts of rich al luvial bottom lands 
along these streams. 9 At distances of a few rods to almost 
a mile from the banks of the Wabash River below Lafayette 
the topography becomes slightly undulating and rolling, grad- 
ually extending into broad, fertile, and nearly level plains 
which comprise nearly one-half the surface of the county. ° 

The entire region of Tippecanoe County is covered with 
glacial debris, a soil drift varying in thickness, of which 
the greatest known depth is about 350'. 11 Gravel deposits 
underlie a great part of the county. This is particularly 
true of the Wea plains and the eastern region near Dayton 
where there are many low mounds of fine, clean, yellow or 
white sand and some gravel. Mounds ©f the same character 
are found in Jackson Township in the southwest part of the 
county. 12 

Of the 17 di fferent types of soils in Tippecanoe County, 
Marshall silt loam predominates, with Marshall loam and 
Miami silt loam next in order. These three types cover 
nearly three-fourths of the county. 13 Suitable climatic 



Indiana, Geological Report, 1912, p. 252. 

6 Hid., p. 252. 

7 ibid., p. 252. 

8 Hid., p. 252. 
o 

Indiana Geological Report, 18S6, pp. 66, 67. 

Indiana Geological Report, 1912, p. 252. 
Indiana Geological Report, 1886, pp. 61, 76. 

1 2 Ibid., p. 66. 

1 *? 

Indiana Geological Report, 1912, p. 255. 



HISTORICAL SKETCH 3 

conditions afford a growing season of 6 months without frost, 
and the fertile land of a limestone sub-soil overlaid with 
rich loam makes Ti ppecanoe -County a good farming district. 
The county has a mean annual temperature of 51° Fahrenheit, 
and an average annual rainfall -of 38". 14 ., ■.'-':■- 

.■'■■'-■ Mound builders and' Indians . • ': - *"• 

' ' 'Evidences of Mound Builders, a people who inhabited a 
great part of North America prior to the Indians, are num- 
erous in Tippecanoe County. Drills, spearheads, arrowheads, 
stone axes, scrapers, pestles, m oir t a r s , gorgets, pottery, 
copper bracelets, copper beads, and many other relics have 
been found. Near Battle Ground and on Pretty Prairie, north 
of the town, are numerous mounds built by the aborigines. 
In the northeast part of the county, near the mouth of the 
Tippecanoe River, are another series of mounds. 15 

The Miami tribe of Indians, descendants of the Algonquin 
family, were apparently the original occupants of this part 
of Indiana. The Weas, a branch of the Miamis, occupied much 
of the country south of the Wabash and west of Wea Creek a 
region now known as Wea Prairie. About 1688, however, the 
Potawatomi, a northern tribe, took possession, either by force 
or treaty, of that part of the county north of the Wabash and 
east and south of the Tippecanoe River, 

On the north side of the Wabash and opposite the land 
of the Weas, the Kickapoo held land and established two large 
Indian villages. South of the Weas a band of the Shawnees 
occupied a tract of the county, chiefly prairie, on which 
one of their villages was located. The Winnebagoes occupied 
a town on Wild Cat Creek, above its mouth. The Weas and 
Ktckapoos in 1805 or 1806 granted to Tecumseh and his brother, 
"The Prophet," a small tract of- land on the north side of 
the Wabash and west of the mouth of the Tippecanoe, where 
an Indian town later called "Prophe ts to wn" was located. : 

DISCOVERY, EXPLORATION; AND CONQUEST 

Exploration of the region northwest of the Ohio River 

1 4 Hid., p. 251. 

Biographical Record and For trait Album of TippeeariOe County, Indiana, (hereinafter cited 
as Biogi-arhical Record), pt. 1, p. 190. 
1 6 Ibid., pp. 202, 203. 



4 TIPPECANOE COUNTY 

was begun by Marquette, Joliet, and La Salle in the latter 
part of the seventeenth century. As early as 1664, French 
missionaries and traders had established a line of travel 
along the Wabash River from the Great Lakes to the Missis- 
sippi. 17 On the basis of these and other explorati ons France 
laid claim to the territory. During the first half of the 
eighteenth century the French establ i shed three trading posts 
in what is now Indiana: Post Miami (Fort Wayne), at the 
head of the Maumee, about 1715; 18 Ouiatanon, on the Wabash 
at the mouth of Wea Creek, near the site of Lafayette, about 
1719 or 1720; 19 and Vincennes, on the lower Wabash, some- 
time before March 1733. 20 

Ouiatanon was established to counteract the influence 
of the English and to maintain French ascendancy over the 
Indians. The fort was adjacent to an Indian village. The 
locale was described by a French writer in 1718 in the fol- 
lowing account: "This river Ouabache is the one on which 
the Oujatanons are settled. They consist of five villages 
which are contiguous, the one to the other. They are all 
Oujatanons, having the same language as the Miamis, and 
properly all Miamis. Their village is situated on a high 
hill and they have over two leagues of improvements where 
they raise Indian corn, pumpkins and melons. From the 
summit of this elevation nothing is visible to the eye but 
prairies full of buffaloes." 21 French families and traders 
resided in Ouiatanon as late as 1767 and the volume of com- 
merce was considerable, the annual value of skins and furs 
from Ouiatanon being approximately £8,000. 22 

The British likewise laid claim to the terri tory embrac- 
ing Indiana and in the middle of the eighteenth century began 
to enter Ohio Valley from the east. Conflicting territorial 
claims led to the French and Indian War, which ended in 
1763 resulting in loss by the French of their colonial empire 
in America. The Ohio country, including what is now Indi- 



1 7 riid., p. 203. 

1 8 

M. M. Quaife, "Fort Wayne, in 1790," Indiana Historical Society Publications, VII, no. 7 



(1923), 301. 
1 9 



P. G. Roy. "Sieur de Vincennes Identified," Indiana Historical Soeiety Publications, VII, 



no. 1, (1923) 372. 

2 

P. C. Phillips, "Vincennes in its Relation to French Colonial Policy," Indiana Maga- 
zine of History, XVII (1921), 323. 

2 1 

O. J. Craig, "Ouiatanon," Indiana Historical Society Publications, II, no. 2. 

22 Ibid., p. 23. 



HISTORICAL SKETCH 5 

ana, passed into the hands of Great Britain,' - ' During the 
American Revolution, General George Rogers Clark conquered 
the western country in 1778 and 1779, and the Virginia legis- 
lature in December 1778 created the "County f Illinois" to 
provide a government, for Virginia citizens residing on "the 
western side of the Ohio." 24 At the close of the Revolut ion , 
the Ohio Valley was claimed by several of the states upon 
the basis of their colonial charter? from British monarchs. 
These claims were finally ceded to the United States, and by 
the Ordinance of July 13, 1787, Congress created the North- 
west Territory for the government of the western country.^ 
In 180 Indiana Territory, with boundaries much more exten- 
sive than the present boundaries of the state, was organized. 2 
Sixteen years later Indiana, with approximately its present 
boundaries, was organized and admitted to the Union as a 
state. 27 

Indian Wars and Treaties 

The most formidable obstacle to the settlement of the 
western country was the opposition of the Indians who were 
encouraged and aided by the British. Ably led by Little 
Turtle, a chief of the Mi amis, the savages in 179 defeated 
an expedition under General Josiah Harmar on and near the 
present site of Fort Wayne, then known as Miami town, and 
again the next year won an engagement over forces led by 
General Author St. Clair near the headwaters of the Wabash.* 

In 1794 the Indians were decisively defeated by General 
Anthony Wayne in the battle of Fallen Timbers (Ohio) and 
were forced to sue for peace. By the Treaty of Greenville, 

signed August 8, 1795, about half of Ohio and a small portion 
of Indiana were thrown open to white settlement. 8 After 



John G. Rauch and Nellie C. Armstrong, Bibliography of the Laws of Indiana, 1788-1927, 

Introduction, pp. 13, 14, 

2 4 

W. W. Hening, The Statutes at Large . . . of Virginia XI, 571-573 

2 5 

C. E. Carter, Territorial Papers of the United States, II, 3 et seq. 

p c 

Annals of Congress, 6th Congress, 1st Session, p. 14S8. 

2 7 

For the enabling act see Annals of Congress, 14th Congress, 1st Session, p. 1841; for 

the resolution admitting Indiana to statehood, see the Annals of Congress, 14th Congress, 2d Ses- 

J. 

Quaife, op. cit., p. 302. 



sion, p. 1348 
2 



2 9 

Papers of the Wayne Campaign are in American State Papers, Indian Affairs, I, 487 et seq. 

3 ° 12 U. S. Stat. 49-54. 



6 TIPPECANOE COUNTY 

this treaty, the Indians north of the Ohio were nominally at 
pearce with the United States until 1811 when Tecumseh en- 
deavored to form a confederacy to resist further encroachment 
by the whites. The confederacy was broken by defeat in the 
Battle of Tippecanoe. November 7, 1811, in which forces com- 
manded by General Wi 1 1 iam Henry Harrison were victorious.' 
This battle was fought in what is now Tippecanee County, at 
a point 8 miles north of Lafayette, near the present town of 
Battle Ground. The ground whereon the engagement took place 
was given to the State of Indiana by John Tipton, one of the 
soldiers who fought there under General Harrison. However, 
in 1846 the General Assembly granted control of the battle 
site to the Tippecanoe County commissioners who were to 
"fence and keep the grounds in good condition." Today the 

site of the battle is enclosed by an iron fence and marked 
by a monument. 

After the Battle of Tippecanoe and the destruction of 
Prophe tstown 2 miles east of the battlefield, only scattered 
groups of Kickapoo, Miami, Potawatomi , nnd other tribes re- 
mained in what is now Tippecanoe County." With the surren- 
der of Detroit to the Americans at the close of the War of 
1812, further opposition by the English-allied Indians north 
of the Ohio was useless and their titles to lands in Indiana 
were rapidly ext ingui shed . The New Purchase, i nclud ing ter- 
ritory south of the Wabash River, and the lands from which 
the south and east parts of Tippecanoe County were later 
formed, was acquired in 1818 through treaties concluded at 
St. Mary's. Ohio with the Miami and other Indian tribes. * 
A section of one treaty gave Tippecanoe County lands to 
various Indians, and reads in part: "To Keenqua takqua or 
Long Hair, Aronzon or Twilight, Peconbequs or a Woman strik- 
ing, Aughquamauda or Difficulty, and to Miagbqua or Noon, 
as joint tenants , five sections of land upon the WabashRiver, 
the centre of which shall be the Wyandot village, below the 
mouth of Tippecanoe River."' 3 Another section of a treaty 
made at St. Mary's set aside 11 sections of land fer the 
children of Cakimi, a sister of a Potawatomi chief. Six of 
the*e sections were to be located at the mouth of the Tippe- 



31 De Hart, op. eit., p. 101. 

S 2 

Commissioners' Record, vol. G, p. 428, see entry 1. 

8 ^ 

De Hart, op. eit., p. 17G. 

S 4 

Charles J. Ksppler, Indian Affairs, Laws and Treaties, II, 171, 172. 

35 ibid., p. 172. 



HISTORICAL SKETCH 7 

canoe and downstream along the Wabash River. This land 
became known as the Burnett Reserve and from it was named 
Burnett Creek which flows through the land granted to the 
Indian descendants. Through these and subsequent treaties 
the Indians gave up the lands north of the Wabash and 20 
years later the last of the tribes had removed to reserva- 
tions west of the Mississippi River. 37 

WHITE SETTLEMENT 

To facilitate the sale of land in the New Purchase, a 
large tract of land in central Indiana, land offices were 
established at Terre Haute and Brookville in 1819- 38 Land 
sales at Crawfordsville opened as early as 1824, but no per- 
manent land office was established there until 4 years lat- 
er. The price of land, set at $2 per acre by an act of 
Congress in 1796, was changed to $1.25 per acre by an act 
of 1820 3 and was a great inducement to settlement of the 

new territory. 

Close on the heels of land sales came homeseekers, but 
not before traders and trappers had arrived in th@ new country 
later to become Tippecanoe County. Probably the first white 
man to enter what is now the county was a Frenchman named 
Burnett who established a trading post in the northeastern 
part of the county. Among the earliest settlers in the 

county were Peter Weaver, who arrived in the fall of 1822 
or the next spring from the upper White River to settle on 
the Wea Plain, and Elijah Moore, who settled in what is now 
Wayne Township in 1822. 4S That year-or possibly the year 
before-Levi Thornton and Samuel Black were the first set tiers 
in Wea Township. They were followed by several others, 
among them a Judge Wiley, John I, Davidson, a Judge ProvoJt, 
William Burke, Steven Kennedy, Samuel Gwinn, and William 
Jones. Pioneers in settling what is now Sheffield Town- 



36 Ibid., p. 169. 

3 7 De Hart, op, cit., p. 29, 

3 8 3 U. S. Stat. 521. 

3 9 

Sanford C. Cox, Recollections of the Early Settlement of the Wabash Valley, p. 17. 

4 ° 3 U. S. Stat. 566, 567. 
41 Ibid., 2, 277-283. 
42 De Hart, op. cit., p. 176. 

43 Ibid., p. 147. 

44 J&tf., p. 181. 



8 TIPPECANOE COUNTY 

ship were James Paige, P v ichard Baker, sud the Luther Corbia 
and. Thompson families, who entered the township in 1823. 45 
Daniel Underbill came to the Perry Township region the same 
year. 46 

Many of these early settlers of the county and the upper 
Wabash country made their way across the State from the upper 
Whitewater Valley, passing through Ander son town , and down 
the White River to Strawtown. There they took the wilderness 
road to Crawfordsville and even fainter trails to their intended 
homes on the Wabash. 47 

CREATION AND ORGANIZATION OF THE COUNTY 

The provisions of an act of the Indiana General Assembly 
entitled, "An act for the formation of a new county out of 
the County of Wabash, and for establishing the county-seat 
thereof," were approved January 20, 1826, and declared "that 
all that part of Wabash County contained within the boundaries 
therein specified shall form and constitute s new county, to 
be known and designated by the name of Tippecanoe." The 

boundaries of the new county were designated as "beginning 
at the north east corner of the county of Montgomery, on the 
township line dividing ranges two, and three west of the 
second principal meridian; thence north twenty-four miles; 
thence west, twenty -one miles; thence south t w e e t y - f o u r 
miles; thence east twenty-one miles, with the north line 
of Montgomery County, to the place of Beginning." 9 The act 
also provided "that the said county of Tippecanoe, shall be 
attached to the county of Montgomery, for judicial purposes, 
until otherwise provided by law." 50 

An act of January 24, 1828 attached to Ti ppecanoe County 
for criminal and civil jurisdiction the territory within the 
following bounds: "Beginning on the eastern boundary line 
of Tippecanoe county, at the point where the central section 
line of town twenty- three , north, intersects the same; thence 
east with said line . . . twenty four miles, to the range 
line dividing ranges two and three, east of the second prin- 



4 5 Ibid., pp. 185, 186. 

4 fi 

*° Hid., p. 183. 

a 7 

Logan Esarey, History nf Indiana, I, 299. 

48 L. 1825-1826, ch. 10, sees. 1, 2. 

4 9 

* Ibid., sec. 1. 

5 ° Ibid., sec. 8. 



HISTORICAL SKETCH 9 

cipal meridian; thence south, with said line, eighteen mi les 
to the center of town twenty; thence west with the sectional 
line to the range line dividing ranges two and three west; 
thence north, with said line, to the place of beginning." 
This act, which became effective on its date of passage 
(January 24, 1828). provided that "all the country north of 
the counties of Tippecanoe and Carroll, and west of the sec- 
ond principal meridian, to the northern boundary of the 
state, and not otherwise attached ... be attached to the 
counties of Tippecanoe and Carroll, with concurrent civil 
and criminal jurisdiction."'"' Until the formation of White 
County in 1834 this jurisdiction seems to have been more or 
less exerc ised . 

The commissioners appointed to locate the county seat 
selected the town of Lafayette. Advantages of the choice 
were the town's central location and the offer of Samuel 
Sargeant, Isaac C. Elston, John Wilson, and Jonathan W. 
Powers to donate all even-numbered lots in the new town to 
the county. 53 

In the early days of the county, justices of the peace 
performed the duties of a county board of justices, which la- 
ter became the board of county commissioners. The first 
meeting of this group was held at the home of James Brock- 
man on July 8, 1826 , in what is now Fairfield Township. 
Present were William Bush, Levi Thornton, Stephen Kennedy , 
and John Russell. Bush was elected president; other busi- 
ness included receiving bonds from Reuben Ke 1 sey and Rober % 
Alexander covering warranty deeds for land within the county, 
and bonds from Isaac C. Elston, Samuel Sargeant, John Wil- 
son, and Jonathan W. Powers for a warranty deed for even- 
numbered lots in the town of Lafayette. The board also or- 
dered the sale of these lots, and issued licenses at 2 dol- 
lars per year to James Wyman and William Smith "to vend 
foreign merchandise" within the count}/. Reuben Kelsey was 
appointed county agent; and Samuel Black, county treasurer. 
The townships of Wabash, Fairfield, and Randolph were created 
at this meeting, and inspectors appointed to hold township 
elections, the board setting the place and date. 5 



5 1 L. 1828-1829, ch. 10, sec. 2. 

I oia., sec. b. 
5 S De Hart, op. cit., pp. 413/414. 

Board of Justices' Record, vol. A, pp. 1-4, see entry 1. 



10 TIPPECANOE COUNTY 

Later townships created and the dates on which they were 
organized included Wayne, March 4, 1828; Washington, March 
3, 1829; Tippecanoe, May 2, 1829; Shelby, Sheffield, and 
Perry, September 7, 1829; Jackson, January 5, 1830; 55 Wea, 
June 3, 1857; 56 Lauramie ( former ly ca 1 led Cole), in 1830; 57 
and Union, March 10, 1871. 5 From time to time township 
lines were altered by the transfer of small sections from one 
township to another at the demands of the residents but it was 
not until the organization of Union Township that any major 
change took place. Fourteen sections of this township were 
a part of Wayne Township, about 6 sections of the southeast 
part of the township belonged to Randolph Township, and ap- 
proximately 8 sections of the northeast part of the township 
were a part of Fairfield. 

John R. Porter served as the first President Judge of 
the Circuit Court (1826-37), and the first Associate Judges 
were William Jones, James Wylie, and John Provolt. E. M. 
Huntington was the first prosecuting attorney, and David F. 
Durkee was the first county sheriff. 60 Lawyers who attended 
the f irst cour ts of Tippecanoe County were from Indianapolis, 
Terre Haute, Vincennes, Connersvi 1 le , Rockville, Covington, 
Wi 1 1 iamspor t , Crawf ordsvi 1 1 e , and from the State of Illinois. 
These early attorneys traveled the circuits mainly on horse- 
back, 61 and the first sessions of the courts were held in the 
homes of the settlers and later in the rooms of Richard 
Johnson's "City Hotel," a structure at the corner of what 
is now Second and Ferry Streets in Lafayette and opened for 
public use May 8, 1827. 62 

Early Lafayette 

The development of Tippecanoe County is closely linked 
with the growth of Lafayette, the county seat, located on 
the east bank of the Wabash River. This townsite was selected 
for settlement by William Digby in 1825, possibly because 



5 5 Ibid., vol. B, pp. 15, 88, 114, 126, 128, 171. 
Commissioners' Record, vol. F, p. 444. 

5 7 De Hart, op. eit., p. 188. 

5 R 

Commissioners' Record, vol. I, p. 389, sec entry 1. 

5 9 Ibid., vol. I, p. 389. 

6 ° De Hart op, eit., pp. 163, 165. 

Biographical Record, op. eit., p. 240. 
62 De Hart, op. eit., p. 418. 



HISTORICAL SKETCH 11 

of its availability to water trajispor ttai on. Soon industries 
and business enterprises were established and the new com- 
munity boasted a dozen grocery, drygoods, and liquor stores 
and about the same number of residences. A hotel was built, 
and a tavern operated by Robert Johnson. 6 

The Lafavette Free Press and Commercial, Advertiser of April 1, 
1829, published notice of the activities of the new town; 
a Dr. Davis advertised that "a general assortment of medi- 
cines will be prescribed for without extra charge;" C. Fink, 
druggist, announced that he has taken J. D. Farmer into part- 
nership; and attention was called to "the regular packet for 
Terre Haute and all intermediate landings, the new and fast 
running steamboats, Tippecanoe end Hi ghlands—bui 1 1 express ly 
for the Wabash trade, of very light draft and expected to run 
a whole season for freight and passengers." There were 
two justice's offices and one doctor's office, three tanyards 
and. a brickyard in operation by 1833. 6 Lafayette was incor- 
porated as a town March 15, 1845, 67 and as a city in 1853. 68 

COUNTY FINANCES AND TAXATION 

Many entries in the early records of Tippecanoe County 
attest the sources of revenue for the prosecution of the then 
simple county business. Fines, licenses, and taxation pro- 
vided revenue, and the following are typical: "Granted Isaac 
Shelby license to operate a ferry on Wabash River at $3 dol- 
lars per year and set f e r r y rate a t ; for m a n , 6 l /i c e n t s ; for 
horse, )2}4 cents, and for hog or sheep, 634 cents," and "grant- 
ed William Digby licence to retail merchandise for a fee of 
ten dollars per year." 

A meeting of the board of justices, held January 3, 1831, 
decreed that "the following are to be the subjects of taxation 
for county purposes for the year 1831 [:] On each poll, twenty- 
five cents, on each horse or mule twenty- five cents, on each 
work oxen twelve and a half cents, on gold and silver and 
pinch back watches— brass clocks, pleasure carriages— stud 
horses, land, town lots in said county [are all] subject to pay 



6> S 

Biogrqphieal Record, op. eit„ p. 259. 

6 4 Ibid., pp. 260, 251. 

Paul V. Mavity, Centennial Book, Lafayette and Tippecanoe County, p. 37, 

Biographical Record, op. Git., p. 261. 

Commissioners' Record, vol. D, p. 487 s see entry 1. 

Biographical Record, op. cit., p. 263. 

6 9 

Board of Justices' Record, vol. A, pp. 5, 7, see entry 1. 



12 TIPPECANOE COUNTY 

taxes at the rates fixed by law."'' Fines of 3 dollars for 
assault and battery were assessed by Justice of the Peace 
courts and were a frequent source of revenue; and fines of 
I dollar were assessed for "swearing." One dollar each was 
paid for large wolf scalps taken within county boundaries. 

Despite the sparse popuation: county revenue was $123. 72^ 
as of May 7, 1827, 72 and had grown to $2,181.00 for the year 
1833, a reflection of the increase in county business. Q 

TRANSPORTATION 

Water transportation was the most common means of travel 
in early Tippecanoe County. The Wabash River was the re- 
gion's chief artery of commerce, and as early as 1822 James 
Suit, trapper and trader, had arrived in what is now Wabash 
Township to collect wild honey and furs for sale downriver. 
Loading a cargo of beaver furs and honey on his keelboat, 
he floated down the Wabash to Vincennes, exchanged his pro- 
duce for a cargo of salt, Mackinaw blankets, dry goods, whis- 
key, and general merchandise, which he sold or traded to the 
Indians upon his return to Tippecanoe County. 7 Issac C. 
Elston, a Lafayette merchant, brought a steamer to the county 
as early as 1825 and 5 years later Captain John Moon ran the 
Paragon to the mouth of Rock Creek, about 12 miles below Lo- 
ganspor t . 7 5 

The Wabash and Erie Canal was completed to Lafayette 
from Toledo, Ohio on July 4, 1843, but was not completed 
to Vincennes until 1849. 76 The Tippecanoe Jo«rad and Free Press of 
April 27, 1842 advertised: "The Indiana and New York Canal 
Transportation Co: The proprietors of the above line of 
boats will run a daily line of boats from Lafayette to Lake 
Erie; in connection with the lake boats to outlying points." 
The completion of the canal to Lafayette was a stimulus to 
the commerce and growth of both town and county. 77 



7 ° Ibid., vol. B, p. 314. 

7 1 Ibid., vol. A, pp. 16, 25. 

72 Ibid., vol. A, p. 19. 

7 3 

Commissioners' Record, vol. C, p. 254. 

7 4 De Hart, op. eit., p. 192. 

7 5 

Esarey, op. eit., pp. 303, 304. 

7 6 Ibid., p. 360. 

7 7 

William M. Reser, Wabash and Erie Canal and its Local Importance; p. 14, (type- 
written ms. in Indiana State Librarv). 



HISTORICAL SKETCH 13 

Roads began early in the county, and the first county 
board of justices provided for "the appointment of Adam De 
Hart, John Mc Far land, and Levi Dickson, to locate a road to 
the county limits connecting Lafayette and Crawf ordsvi 1 1 e . " 

Meeting May 7, 1827, the board "ordered that Lawrence B. 
Stockton, James Thornton and Jonathan Wolf locate and survey 
a road commencing at Lafayette and north to house of John 
H. Davis, and north through Harrisons battleground to inter- 
sect the old Indian trail leading to Fort Wayne, at the shal- 
low ford immediatelv above the two islands near the mouth 
of the Tippecanoe." 73 Subsequent meetings of the governing 
body authorized the establishment of many miles oi" county 
roads . 

The heavy immigration into the Wabash country soon 
caused much travel to and from Terre Haute, Lafayette, and 
Logansport. In 1888 W. L. Ross organised a line of stages, 
whose four -horse coaches carried mail and passengers between 
Lafayette, Logansport, and Fort Wayne. When the roads were 
dry, passengers clung tightly to their seats as the coach 
bounced from rock to rock; during wet weather, always present 
was the dagger of overturning or becoming mired in mudholes 

7 Q 

or in crossing the streams. The poor condition of the early 

roads led to the formation in 1849 of the Lafayette Plank 
Road Company to construct a plank road from the county seat 
to the village of Dayton. The following year, the Western 
Plank Road Company was formed to construct a plank road 
northwest of Lafayette, and in 1851, the Junction Plank Road 
Company was organized to build a plank road from Dayton to 
the Clinton County line. The immense deposits of gravel 
underlying the county later became an important source of 
road material. 8 ' County records reflect the interest of the 
residents in the building of good roads, as numerous entries in 
the records for 1871 attest. By 1904, Tippecanoe County 

was crossed bv 825 miles of roads, 400 of which were improved. 

D O 

wi th gravel . 



7 3 

' Board of Justices' Record, vol. A, p.p. 7, 20, see entry 1, 

7 9 Esarey, op. cit., p. 2G9. 

8 

Commissioners' Record, vol. E, pp. 135, 540, 565, see entry 1. 

8 Biographical Record, op. cit., pp. 199, 200. 

8 2 Commissioners' Record, vol. I, pp. 366, 369, 372, 381, 382, 336, 404, 411, 414, 443, 445, 

446, 447, 448, 476. see entry 1. 

8 3 

U. S. Department of Agriculture, Puolic Roads of Indiana: Mileage and expenditures in 

1904, Office of Public Roads Circular no. 65, p. 4. 



14 TIPPECANOE COUNTY 

• The middle of the nineteenth century witnessed the com- 
ing of the railroad to Tippecanoe County, but not before 
grants of money— some of it from taxes— had been raised to 
subscribe to stock of the rail companies. The Louisville, 
New Albany, and Chicago Railroad— now more f am i 1 i ar ly known 
as the Monon — was the first railroad to enter the county. 
Originally called the New Albany and Sale rn Railroad, the line 
was completed in the fall of 1852, 8 ' passing across the coun- 
ty in a north and south direction, through the present loca- 
tions of Ash Grove, Battle Ground, Lafayette. Taylor, South 
Raub, and Corwin. The Wabash, running from the northeast 
corner of the coun ty through Lafayette to the western county 
line, was completed in 1854. The Lafayette, Muncie and 
Bloomington Railroad Company was started, in Lafayette by 
Adams Earl in 1869. It later was known as the Lake Erie 
and Western Railroad, and still later as the New York, Chi- 
cago, and St. Louis Railroad. Tippecanoe County gave $373, 
000 to aid this enterprise and the track was completed in 
1874 through Montmorenci, Lafayette, Stockwell, and Clarks 
Hill. The Cincinnati, Lafayette and Chicago Railroad was 
organized in 1869, to construct a 75 mile line from Lafayette 
to Kankakee, Illinois, there to join the Illinois Central for 
Chicago. This later became a part of the Cleveland, Cincin- 
nati, Chicigo, and St. Louis Railway Company and is now 
known as the Big Four passing through Montmorenci, Lafa- 
yette, and Dayton. A narrow gauge track was built through 
Clarks Hill in 1888, and was later widened to standard gauge 
and became a part of the Nickel Plate System. 86 

Facilities for air travel and commerce in Tippecanoe 
County are at present centered in Lafayette, where there are 
two airports; one maintained by Purdue University and the 
Uni ted States Civil Aeronaut ics Author i ty, used mainly for stu- 
dent instruction and training, and located 2% miles southwest 
of the city; and a private airport, used for commercial uses 
and student training, located 2 miles south of Lafayette. 87 

SOCIAL WELFARE 

Before the establishment of a poor asylum in Tippecanoe 

84 

Biographical Record, op. eit,, p. 257. 



Commissioners' Record, vol. E, p. 551; vol. F, pp. 35, 146, see entry 1 

3 5 



8 6 Ibid., pp. 257, 258. 

3 7 

U. S. Civil Aeronautics Authority, Director;/ of Airports and Seaplane Bases, bulletin no. 



11, pt. 3, pp. 7, 8. 



HISTORICAL SKETCH 15 

County it was the practice to permit individuals to care for 
persons who had become public charges, and to allow payment 
for this service from the county treasury. Examples are fre- 
quent in the county's records and the following are typical: 
"allowed to William Bush the sum of Ten dollars and sixty- 
nine cents for provisions furnished J, Bolser a poor person 
and family while sick"; and "allowed Rober t T . Hunter , Seven 
dollars and f i f ty cents for keeping Marion Shaply and infant, 
admitted as a pauper by the overseer of the poor for Fair- 
field Township." At its November 1830 session the Board of 
Justices "allowed to James A. Groves, Thirteen dollars and 
fifty-six and one-fourth cents for keeping John Smith, a 
pauper stranger in his last sickness." 

A farm to be used as an asylum for the poor was pur- 
chased by the county in March 1 8 3 7 . s Following the prac- 
tice established by an early state law entrusting persons 
who had become public charges to care of the lowest bidder, 
the Tippecanoe County Board of Justices at the January 1840 
session accepted the bid of Daniel Campbell of $300 per year 
to act as superintendent of the poor farm. He was expected 
to operate the asylum "in a. farmer like manner . . . and to 
board and nurse all the paupers that may be placed in the 
poor asylum and to furnish all necessary for their support 
in a humane manner, and to make and furnish all the coffins 
that may be required for the paupers dying at the asylum," 
This farm was located in the western part of what is now 
Fairfield Township, and was operated by the county until 
April 1856, when another farm of 250 acres, in the northern 
part of Wabash Township-northwest of Lafayette-was purchased, 
and the paupers removed to the new location.' 

A home for friendless women and children was organized 
in 1870 and a children's home association was organised in 

9 3 

1887. Both organizations were located in Lafayette, and 
4 years after its founding, the children's home association 
purchased a building at 10th and Heath Streets, where it re- 
mained until 1930. Tippecanoe County assumed the care of 
the orphan children and a new home was established in that 



° ° Board, of Justices' Record, vol. B, pp. 53, 224, 289, me entry 1. 

8 9 

Commissioners' Record, vol. C, p. 573. 

9 ° Acts 1817-18, ch. 14, sec. 3. 

9 1 

Commissioners' Record, vol. D, p. 123. see entry 1. 

9 2 

Hid., vol. F, pp. 364, 366. 

9 3 

Biographical Record, op. eit., P. 268. 



16 TIPPECANOE COUNTY 




SCHOOLS AND LIBRARIES 

The first school in Tippecanoe County was taught by 
Joseph Tatman in a log cabin in Lafayette in 1827-28, and 
the following year John D. Farmer taught a school in the 
courthouse. In 1838 a schoolhouse was built in Lafayette 
on 11th Street, the first building erected in the town for 
that purpose. The first schoolhouse in Wabash Township 

was built in 1832 and was taught by Sanford C. Cox. 100 A 
subscription school was taught in Randolph Township as early 
as 1826, where the school term lasted about 4 months and 
each pupil subscribed a part of the teacher's salary. Early 
schools v/ere taught in the homes of the settlers and in public 
buildings ° until the construction of one~room schoolhouses 
which preceded the present day consolidated township schools. 

The general assembly enacted legislation in 1824 provid- 
ing for the establishment of county seminaries, 102 and in- 
terest in the establishment of schools in the county became 
evident as early as 1830 when the board of justices appointed 
Andrew W. Ingrahm as trustee of the seminary fund for a 
period of 3 years. 10 This fund, created by the Indiana Con- 
stitution of 1816, provided that "the money which shall be 
paid, as an. equivalent, by persons exempt from militia duty, 



n 4 

Indiana State Planning Board, op, cit., p. 18. 

Lafayette Journal and Courier, Nov. 30, 1927. 

Biographical Record, op. cit., p. 291. 

9 7 

Lafayette Journal and Courier, July 2, 1930. 

9 s 

Indiana State Planning Board, op. cit., p. 6. 

9 9 

Biographical Record, op. cit., p. 304; Sarah M. Crockett, Old Days und New in Tippe- 



canoe, p. 83. 

100 



De Hart, op. cit., p. 192. 
101 



Ibid., p. 198 

1 OS 



102 Rev. L. 1824, ch. 22, sees. 1, 2. 



Board of Justices Record, vol. B, p. 188, see entry 1. 



HISTORICAL SKETCH 17 

except in time of war, shall be exclusively, in equal pro- 
portions, applied to the support of the county seminaries; 
also fines assessed for any breach of the penal laws shall 
be applied to said seminaries in the counties wherein they 
shall be assessed" " A county seminary was opened in 
December 1842 ° 5 by Joseph Adams and was located in Lafa- 
yette. No record is found of the purchase of ground or erec- 
tion of buildings for a seminary and it is probable that the 
county rented a school building. The county commissioners 
on December 6, 1844 appointed Lawrence B. Stockton and Ru- 
dolph H. Ford, to serve 1 year, and Joseph L. Hanni, Charles 
F. Wilstack, S. R. Johnson, and Edward Wright to serve 2 
years as trustees of the seminary fund. 6 

The Indiana Constitution of 1851 abolished the semi- 
nary law and transferred the funds to the common school fund. 
A further provisi®n mad© it mandatory that the legislature 
"provide by law, for a general and uniform system of Common 
schools, wherein tuition shall be without charge and equally 
open to all." 10 ' Available records do not indicate if a 
county seminary existed between 1851 and 1858, but the county 
commissioners on September 9, 1858 ordered ground purchased 
and repairs made upon bui Id ings thereon and a county seminary 
to be opened as the Lafayette Col legi ate Iosti tute . 1 ° 8 This 
educational venture evidently was short-lived as 2 years later 
the building and grounds were leased to the Bishop of the 
Fort Wayne Diocese of the Roman Catholic Church for the pur- 
pose of establishing an educational institution. 109 

Prior to the appointment of a county superintendent of 
schools, county examiners were sel ected by the commissioners 
to examine students and a fee of 50 cents to $1.50 was charged 
for each examination. The first school examiners in Tippe- 
canoe County were Johnson Gregory, John M. La Rue and John 
Levering, who were appointed in 1853. John E. Mathews 

was the first county superintendent of schools, and was ap- 
pointed on June 2, 1873. ll1 



104 ConSt. 1816, art. 9, sec. 1, in Rev. Stat. 1843, pp. 38-64. 

Biographical Record, op. eit., p. 304. 

Commissioners' Record, vol. D, p. 471, see entry 1. 
107 ConSt. 1851, art. 8, sec. 1. 

Commissioners' Record, vol. F, pp. 526-528, see entry 1. 

109 Ibid., vol. G, p. 33. 

110 Ibid., vol. F, pp. 182, 206, 279. 

Brainard Hooker, First Century of the Public Schools of Tippecanoe Conuty, p. 81. 



18 TIPPECANOE COUNTY 

There were 150 teachers employed in Tippecanoe County 
in 1879, llr ' and by 1888 there were 222 teachers and 8,214 
pupils. Annual county teachers' institutes were inau- 
gurated in the latter year, and were sometimes attended by 
200 teachers for the 5-day sessions. After the turn of 

the century, teaching technique improved, and enrollment 
steadily increased. In 1924 there were 12 consolidated town- 
ship schools in the county and motor busses were used to 
transport the pupils. School enrollment, for the county 

in 1935 was 5 , 890 grade pupi 1 s and 2,503 high school students , 
and Union Township was the only township not to have a 'high 
school. The county received $12,000 as state school aid in 
1935 115 The high sc i3 00 i s i n Lafayette and West Lafayette , 
and St. Frsncis High School, a Lafayette parochial school 
with an enrollment of 170, were given first-class educational 
ratings by the Indiana State Department of Public Instruc- 
1 1 on . 

Farmers Institute, a boarding school of whicb.no record 
exists outlining its curriculum, was organized in 1851 and 
met in a schoolhouse on the south line of Union Township. 
The school was supported by contributions of the citizens 
and Joseph Fisher was the first principal. This institu- 
tion later came under the control of the Society of Fri.ends 
and held regular sessions as late as 1885. L The Stockwell 
Collegiate Institute, an institution teaching academic sub- 
jects and located in Stockwell, Lauramie Township, was organ- 
ized in 1859. Its founders erected a building commodious 
enough to accommodate 250 students and donated 18 acres of 
wooded land as a campus. The school opened in 1860 with 
100 students in attendance. Still later collegiate and com- 
mercial departments were added. Sponsored by the Northwest- 
ern Conference of the Methodist Episcopal Church, the school 
was in existence as late as 1888. ls Existing records fail 
to state the cause of its suspension. 

1 1 2 ma., p. 55. 

IIS 

Biographical Record, op. eit., p. 24S. 

114 Crockett, op. eit., p. 90. 

Indiana State Planning Board, op. eit., p. 9. 

5 Indiana State Department of Public Instruction. Indiana School Directory, 1935-1936, 

pp. 285, 287. 288. 
1 1 ? 



De Hart, op. eit., p. 189; Biographical Record, op. eit., p. 330. 

118 

Biographical Record, op. eit., p. 322. 



HISTORICAL .SKETCH. 19 

The majer educational institution of Tippecanoe County. 
Purdue University, was provided for by tbe Morrill Act passed 
by Congress July 2, 1862. Seven years later, the Indiana 
General Assembly accepted from John Purdue and other citi- 
zens of the county the sum of $200,000 and a tract of 100 
acres of land, and voted to erect the proposed institution in 
Tippecanoe County. 1 9 The first regular academic year of 
Purdue Universi ty began September 16, 1874 wi th an enrol Iment 
of 64 students and a faculty »f 6 instructors. ' c Courses 
of instruction were given in physics, industrial mechanics, 
mathematics, engineering, botany, horticulture, chemistry, 
English literature, and drawing. In 1879 the school was re- 
organized to embrace a scientific, mechanical engineering, 
and a special school of agriculture. The agricultural ex- 
periment station was put in operation in 1880, 121 although 
it was 1908 before a permanent station was erected for that 
use. 12 ' The engineering department of Purdue began its ex- 
periments in 1880 and the first locomotive testing plant in 
America was bui 1 1 at the university in the late 1 890 's through 
a gift of the American Railway Association. 123 From a be- 
ginning of only 3 buildings Purdue University had grown to 
more than 50 buildings by 1930. Through donations and pur- 
chase the number of acres of land owned by the university 
increased to 4,350, valued at over $500 , 000 , 1 24 much of which 
is used for agricultural experiments. Enrollment for the 
school year 1934-1935 was 4,534. 125 The university then 
offered 4-year courses in agriculture; civil, chemical, elec- 
trical, and mechanical engineering; home economics; pharmacy; 
science; physical education; public service engineering; and 
engineering-law. Purdue Universi ty had in 1935 the only avi- 
ation field in the Nation owned and operated by a university. 
A federal weather bureau station is maintained near the 115- 
acre campus, and there is an agricultural experiment station 
operating under the Federal Department of Agriculture. 26 

119 

Indiana state Planning Board, op. eit., pp. 9. 10, 

120 Ibid., p. 10. 

12 1 

Biographical Record, op. eit., p. 250. 

2 "Building Facilities on the Agricultural Campus," Purdue News, VII (July 1936) no. 



5, p. 12. 

12 



Indianapolis News, May 21, 1927. 

12 4 

Indiana State Board of Tax Commissioners, Indiana State Tax Bulletin, I (1930), no. 2. 

125 Purdue University Bulletin, 1934-1935, p. 1. 

12 6 

Indiana State Planning Board, op. eit., pp, 9, 10, 



20 TIPPECANOE COUNTY 

An act of the state legislature, pa s s ed January 20 , 1826, 
provided that 10 per cent of the sale of lots in the county 
seat and of all donations to the county be set aside in a 
fund to establish a county library." " Hiram Metcalf was 
elected librarian of the Tippecanoe County L ibrary— organ i zed 
in 1853— and commissioned to "gather together a library and 
such cases, maps, charts belonging to the same and to keep 
the library in the Auditors office of Tippecanoe County." 
Existing records fail to state subsequent developments in the 
life of this book collection. Under the management of the 
Lafayette School Board a public library was opened in .that 
city in 1882. Located at Sixth and Columbia Streets, the 
library opened with over 7,000 volumes. Mrs. J. B. Hyde 
was the first librarian. Funds for i^ts operation were pro- 
vided for bv a tax of 3 mills on t h & dollar on all city prop- 
erty. The library was removed to 7th and North Streets 
in 1927, in new quarters built by a donation from A. A. 
Wells, and by 1939 there were 59,916 volumes in the collec- 
tion, serving 9,668 borrowers with a circulation of 103,885. 
The West Lafayette public library building was erected in 
1921, and in 1939 contained 11,227 volumes, serving 2,794 
borrowers , 131 



AGRICULTURE 

In common with much of the midwest frontier, large 
areas of Tippecanoe County were covered with forest growth 
when the pioneers arrived. The most common useful trees 
which were found in the county by the early settlers were 
black and white walnut; black, white, and burr oaks; white 
ash; white butternut; scale bark hickory; wild cherry; sugar 
maple; and beech. There were also many soft maples, syca- 
mores, cottonwoods, quaking asps, 1 in or basswood trees, 
white and slinnery elms, swamp ash, and hackberry and honey 
locust trees. 

After some of the land was cleared, early settlers began 



1 2 7 L. 1825-1826, ch. 10, sec. 6. 

12 8 

Commissioners' Record, vol. F, p. 173, see entry 1. 

12 9 

Biographical Record, op. cit., p. 307. 

ISO 

Indiana State Division of Accounting and Statistics, Year Book of the State of Indi- 



ana 1939, p. 414. 
131 



Ibid., pp. 420. 422. 

1 S 2 

Indiana Geological Report, 1912, p. 61, 



HISTORICAL SKETCH 21 

to plant small patches of land in Crops. Organized efforts 
to promote agriculture in the county began as early as 1835, 
the year a meeting was ordered held in the courthouse to 
form an agricultural society. ' * It is known that the so- 
ciety was functioning by 1839, for county records report that 
Jobn D. Smith was allowed "twenty-five dollars for the use 
of Tippecanoe County Agricultural Society, to be given in 
orders to suit society." 

A county fair was held at Lafayette in 1852, and through 
the efforts of the county agricultural society the annual fair 
of the Staff Board of Agriculture was held at Lafayette the 

■I Q C t 

next year. The southern part of the county organized an 
agricultural society in 1867, and purchased a fairgrounds 
10 miles south of the county seat. However, this location 
was found too remote from Lafayette and in 1871 a new Tippe- 
canoe County Agricultural Association was incorporated and 
its funds u«ed to improve a 51-acre county-owned fairground 

"I ° 7 

southeast of Lafayette. 

Interest in scientific farming grew, and the county voted 
$50,000 to secure the establishment of a college of agricul- 
ture at Purdue University. This was paid in five install- 
ments, the first of $10,000 boing ordered paid by the county 
commissioners in June 1870. Two years later the grange 

movement reached the county, and a grange was organized at 
Battle Ground, fol 1 owed in the next several years by 42 simi- 
lar organizations. Through a system of cooperative buying 
the grange effected price reductions for goods purchased by 
farmers; the price of reapers, as an example, being reduced 
from $185 to $120. The peak of the grange movement was 
reached in 1872, but later its cooperative buying program 
was reduced and by 1888 the movement had dwindled to a few 

13 9 

granges. x ° y 

Th^re were only 2,948 persons employed in agricultural 
pursuits in the county in 1840. 14 ° Twenty years later, there 
were 299,984 acres of land being farmed in the county, with 



2 3 3 

Commissioners' Record, vol. C, p. 393, see entry 1. 

1 S4 Ibid., vol. D, p. 109. 

13 5 

Biographical Record, op. eit., pp. 253, 254. 

156 Hid., p. 254. 

13 7 

Commissioners' Record, vol. I, pp. 454, 455, see entry 1. 

138 Ibid., vol. H. p. 762; vol. I, p. 226, see entry 1. 

1 S 9 

Biographical Record, op. eit., pp. 255, 256. 

14 

U. S. Bureau of the Census, Sixth Census of the United States, 1840, p. 367. 



22 TIPPECANOE COUNTY 

a valuation of $8,257,600. Farm implements and machinery 
were valued at $198,864, and there was raised $1,126,764 
worth of livestock."" The census of 1880 showed an increase 
of over two and one-half millions in the valuation of farm 
land and an estiraated value of farm produce of $2,251,103." 

Corn has been the principal staple crop raised in Tippe- 
canoe County since its settlement. Wheat, oats, rye , barley, 
and small fruits do well. 1-0 The county produced 2,384,400 
bushels of corn, 68.694 bushels of oats, 225,728 bushels of 
wheat. 93.936 bushels of potatoes, and 6,833 lbs. of tobacco 
in 1860, There kas never been a great amount of toba.cco 
raised in the county because of its northern latitude. By 
188 there were 92,793 acres planted to corn, which produced 
3,276,79 5 bushels. Wheat, the second largest crop, produced 
981,937 bushels from 43,539 acres, and there were 13,708 
acres of oats, which produced 414,10 9 bushels. 145 

INDUSTRY 

Prominent among the early industries of Tippecanoe County 
were gristmill?, of which the first began on W e a Creek in 1827, 
and was operated by Joseph Hawkins. "" 6 Another mill was 
erected about the same time by a Mr. Waymire, and in 1828 
a gristmill was built by Carr and Scircle in what is now 
Sheffield Township. A man named Stafford built a sawmill 
east of Da y t o n about 1829, John Sherry erected a gristmill 
and distillery on Flint Creek 2 years later, and George 
Lutz also erected a sawmill on the same stream in 1831. 

The need of water by the early mills, both for power 
and for transportation of produce, was the chief reason for 
the streamside location of the county's early industries. 
A sawmill, paper mill, and flour mill were built southwest 
of Lafayette in 18 40 by Daniel Yandes, and the flour mill 
of Hull and Spencer, ' and the woolen mill ©f James S. 



42, 43, 



42, 43. 



U. S. Bureau of the Census, ! u J 'he United States, I860, Agriculture, pp. 

14 2 

U.S. Bureau of the Census, • •; ' Co ; itect States, 1880, Agriculture, p. 114. 

14 3 

Bu Record, op. cit., p. 255. 

14 4 

U. S. Bureau of the Census, Eighth Census of the United States, 1860, Agriculture, pp, 

U. S. Bureau of the Census " the I lite* ulti , p. 137- 

1 46 De Hart, op. cit., pp. 183-187. 

1 4 7 Ibid., p. 185-187. 

14 8 

Biographical Record, op. cit., p. 262. 



HISTORICAL SKETCH 23 

Hoagland began operations the same year. A year later Clark 
and Bartholomew erected a sawmill in Lafayette, i The 

ISO 

opening of the Wabash and Erie Canal to Lafayette in 1840, 
was the beginning of an era of industry at the county seat. 
With the coming of the railroads in the ISSO's 151 indus- 
try in Tippecanoe County continued its steady growth, and 
continued the trend toward, industrial centralization in the 
county seat. By 1860 there were 151 firms engaged in manu- 
facturing in Tippecanoe County. Among the ar ti c 1 es manufac- 
tured were agricultural implements, books, shoes, brick, car- 
pets, carriages, cigars, clothing, kegs and barrels, firearms, 
flour and meal, furniture, liquors, lumber, machinery, mat- 
tresses, linseed oil, paper, meat products, printing, pumps, 
harness and saddles, sashes and doors, ships and boats, soap 
and candies, tin, copper and sheet-iron ware, trunks, wagons, 
and carts. These varied industries produced goods valued at 

$1,632,104, with an annual labor cost of $235,648, and em- 

is? 
ployed an average of 861 men and 54 women. By 1880, many 

of the above-mentioned industries were in operation, and new 
enterprises included four foundries and a factory for the 
building and repair of railroad equipment and streetcars.* 
Industry expanded through the close of the century and during 
the early decades of the 19O0' r s. In 1935, the following man- 
ufactured products were being made by Lafayette concerns; 
sponge-rubber products, meat products, feed, fertilizer, 
electric meters and transformers , automobi le gears and tools, 
shipping tags, concrete sewer pipes, building blocks, drain- 
tile, strawboard and boxboard, flour, soybean oil, meal, 
medicine and drug supplies, wire goods, ga$ pumps, soap, 
safes and locks, structural steel, paper boxes, beer, building 
material, plating and enameling, sand and gravel, stokers, 
time controls for air conditioning, and stoker and damper 
controls. x 5 4 



14 9 

William M. Reser, "The Wabash and Erie Canal at Lafayette," Indiana Magazine of 

History, XXX (1934), 317. 

150 Ibid., 312. 

1 5 l Ibid., 322. 

1 5 2 

~ U. S. Bureau of the Census, Eighth Census of the United States, I860, Manufactures, p. 

137. 

] 5 S 

U. S. Bureau of the Census, Tenth Census of the United States, 1880, Manufactures, p. 

231, 

U. S. Bureau of the Census, Biennial Census of Manufactures, 1937, pt. 1, p. 1457. 



24 TIPPECANOE COUNTY 

JOURNALISM 

The first edition of the Lafavette Free Press and Commercial 
Advertiser, the county's pioneer newspaper, appeared on September 
29, 1829. In July 1841. the n a m p of the paper was changed 
to the Tippecanoe Journal and Free Press. 5 5 The Wabash Mercury, es tab- 
lished in 1833 and edited by R. B. Houston, appeared errati- 
cally, and once gave as an excuse for a delay of several 
weeks in delivery that "the high water in the Wabash River 
had prevented transportation and the publisher was unable to 
get supplies for the paper." 156 The Lafayette Daily Journal .be- 
gan publication in January, 1849 and by 1888 was, with one 
exception, the state's oldest continuously-published news- 
paper. Mathias Peterson started the Lafayette Advertiser in 

1841, 158 and this paper later changed its name to the Lafa- 
yette Courier. The Sunday Leader was established in 1872 by John 
Carr, and 2 years later the Deutsch-Amerikaner, a newspaper 
printed in English and German, was begun in Lafayette by 
Francis Johnson. 159 The Lafayette Sunday Times began in April 
1879, and the Morning Call in December 1883. l6 ° At Lafayette 
the same year the Eeho, a monthly musical magazine, began pub- 
lication. The Labor World, published by the Knights of Labor, 
began April 6, 1886, and the next year the Lafayette Morning 
News and Weekly News were started. 161 

RELIGIOUS DEVELOPMENT 

The Roman Catholic Church seems to have been the first 
denomination to enter what is now Tippecanoe County. Pre- 
vious to 1808, all of the lands comprising the present state 
were under the ecclesiastical jurisdiction of the Diocese of 
Quebec. Missionary priests, traveling between Quebec and 
thp French settlements of Vincennes and Kaskaskia, often 
halted their canops and conducted mass at Ouiatanon, down- 
river from the site of Lai f aye tte . 1 6 2 Pierre Du Jaunay, a 



15 5 

Biographieal Record, op. cit., pp. 307, 308. 

156 Crocket, op. cit., p. 84. 

15 7 

Biographical Record, op. cit., p. 308. 

158 Ibid., p. 310. 

159 Ibid., pp. 313, 315. 

1 fi 

Ibid., p. 312. 

1 6 l Ibid., pp. 314, 316. 

162 Ibid,, p. 283. 



HISTORICAL SKETCH 25 

Jesuit priest, was sent to Quiatanon about 1745. ± Although 

missionary priests continued to visit the county, it was not 
until 1843 that members of the denomination rented rooms in 
Lafayette to serve as a church, and in the next year built 
their first church in the county seat. 6: 

The first Protestant religious meetings in Tippecanoe 
County were held in the homes of settlers or out of doors. 
These services were conducted by i t inerant mini s ters , chiefly 
of the Methodist or Baptist faith. The religious element 
of Uoion Township was largely composed of members of the 
Societv of Friends, who erected thir first meeting house in 
1827. 165 

The county's first Protestant church building was ereeted 
in Lafayette in 1830, 3 and was a small frame structure on 
the corner of Main and 6th Streets, called the Trinity Meth- 
odist Episcopal Church. 6 Me thodist circuit riders conduct- 
ing services in Lafayette and the county in the third decade 
of the century included Henry Buell, Eli Farmer, Stephen R. 
Beggs, James Armstrong, and John Strange. 6 

Tippecannoe Township's first church was "Old Salem", 
builtof hewed logs in 1836, 169 and used until 1851 by Meth- 
odists from both White and Tippecanoe counties. Another 
church of the same denomination was erected in 1840 about a 
halfmile east of "Old Salem." Other denominations which 
early in the county's history beganholding re 1 ig i ous servi ces 
included the Baptists, who in 1832 met in the courthouse and 
in school buildings, and built a church in 1844; 171 the Pres- 
byterians, organized in 1828, but not building a church for 
30 years; the Un i versal i s ts , organised in 1838, and complet- 
ing a church building in 1852; and the Church of Christ, or- 
ganized in Lafayette in 1839, and moving into their own church 
6 years later. The United Brethren Church erected a church 
in the year of its organization (1852) in Lafayette, 2 years 
after the German Lutheran Congregation organized and com- 



1 c q 

Herman Alerding, The Diocese of Vincennes, p. 58. 
Biographical Record, op. cit., p. 283. 
1 6 5 De Hart, op, cit., pp. 187-189. 
6 Crockett, op. cit., p, 93. 
6 7 Biographical Record, op. cit., pp. 271, 272. 
168 Hid., p. 272. 
1 69 De Hart, op. cit., p. 177. 

170 Ibid., p. 178, 

17 1 

Biographical Record, op. cit., p. 276. 



26 TIPPECANOE COUNTY 

pleted a building. The Swp<3 i sb Evangel i ci 1 Lutheran Church 
was organized in July 1870, 172 occupying their own house of 
worship the following year. Grace Church, home of the Prot- 
estant Episcopal denomination in Lafayette, was organized 
and housed about the same time. 173 

Political trends 

Following the date of its organization, Tippecanoe County 
was the political battleground of many of the early parties, 
notably the Democrats and Whigs. Important pol i tical meet- 
ings were held in 1840 and in the years following at the 
Tippecanoe Battleground. Among the speakers to address 
crowds there were Stephen A. Douglas, Henry Clay, and James 
G. Blaine. 174 

The county showed its political independence in 1854 by 
electing a fusion ticket composed of temperance, antislavery , 
Know-Nothing, and Whig elements— by a 2 to 1 majority. 17 
However, 4 years later the county gave Oliver P. Morton, 
Republican candidate for governor, a close majority of its 
gubernatorial vote. In the election of 1860 Tipnecanoe 
County was Republican by about one thousand votes, 5 and 
the county has since been considered to have a Republican 
majority. 

TIPPECANOE COUNTY TODAY 

That the population of the county has continued to 
increase during the last decade is attested by the fact that 
the Federal census of 1940 reported an increase of 7.7% to 
51,218 persons, over the previous enumeration 10 years earl- 
ier. 177 The population of the county in 1930 was 47,535, 
of which number 23,523 were males and 24,012 were females. 
Of the 47,080 white people of the county, 45,367 were of 
native parentage, 15 of foreign-born or mixed parentage, and 



172 Ibid., p. 283. 

1 7S Ibid., p. 270. 

17 4 

Alva O. Reser, "No Monument Grander than Nature's Tribute," Lafayette Weekly 



Journal, June 24, 1904. 
175 

176 



175 Esarey, op, cit., II, 65. 



Ibid. 

7 7 U. S. Bureau of the Census, Sixteenth Census of the United States, 1940, Preliminary 
Population Bulletin, no. 47. 



HISTORICAL SKETCH 27 

1,698 foreign-born. There were 455 negroes. The urban pop- 
ulation numbered 37,411 and the rural population 10,124. l7 

There were 2 S 145 farms in the county in 1930; 825 op- 
erated by the owner, 361 by part owners, SO by managers, 
122 by cash tenants, and 807 by tenants of some other type. 
The average farm size was 59.4 acres. The total value 

of the farm crop in 1929 was $3,791,235; total value of live- 
stock products, $2,854,203; and total value of livestock on 
hand, $2,382,087, The total value of all f&rras of the county, 
including buildings, was $28,032,339; of buildings alone, 
$3,514,070; of farm dwellings, $3,829,235; and of farm im- 
plements amd machinery, $2 , 254 , 084 . l 8 Statistics compiled 
by assessors as of March 1939 show that in 1938 there were 
1,746 farms in the county with a total acreage of 257,486, 
and of this 74,774 acres were in corn, 28,862 in oats, 26,733 
in wheat, 20,967 in soybeans, and 12,565 in clover and timo- 
thy hay. 181 

The Federal Government, through the Agr icul tural Ad just- 
ment Administration, has since 1933 made loans to Tippecanoe 
County farmers on their corn crop, and since 1938 on. the wheat 
crop. Corn loans for 1939 in Tippecanoe County were made to 
314 farmers on 364,280 bushels at. a rate of 57 cents per bushel. 
One hundred and twenty-three farmers of the county received 
loans on 58,466 bushels of wheat at a rate of 70 to 71 cents 
per bushel . 8 2 

For the year 1929 the 57 manufacturing establishments 
of the county employed 2,852 people, paid $3,692,177 in wages, 
and manufactured products valued at $9,126,050. 1 8S One of 
the county's most recent additions to its manufacturing en- 
terprises was a large aluminum products company which began 
operations southeast of Lafayette in 1937. l84 



17 8 

' U. S. Bureau of the Census, Fifteenth Census of the United States, 1930, Population, 

III, 741. 

1 9 U. S. Bureau of the Census, Fifteenth Census of the United States, 1980, Agriculture, II, 
549. 

180 Ibid., p. 502. 

18 1 

U. S. Department of Agriculture and Purdue University Agricultural Experiment 

Station, Indiana Crops and Livestock, 4. 

~ Information obtained from Agricultural Adjustment Administration (March 12, 
•y Graves. 
U. S. Bureau of the Census, Fifteenth Census of the United States, 1930, Manufactures, 

Indianapolis Star, April 12, 1937. 



1941), by Harry Graves 
183 



III, 163. 

184 



28 TIPPECANOE COUNTY 

The total sales for the 595 retail establishments of 
Tippecanoe County in 1829 amounted to $22,972,000. Seventy- 
seven percent, of this business was done by the 489 independ- 
ent stores, 13 percent by the 46 chain stores, and 10 percent 
by the 60 stores of other varieties. 185 Total sales of the 
county's 59 wholesale establ isbmen ts in 1929 was $9,758,094, 
and the establishments employed 219 persons and paid wages 
of $319,162. 18G 

The county highway system in 1936 consisted of 8 50^S 
miles of improved roads, of which 50 miles were of black 
top, 20 miles ©f concrete, and 780^ miles of gravel construc- 
tion. One federal and five state highways cross the county 
and four of these roads pass through the count}/ seat. 

In the school year 1940-41, there were 2 senior high 
schools in the county , 12 combined elementary and high school s , 
5 elementary schools which employed from 2 to 7 teachers, and 
9 elementary schools which employed 8 or more teachers. 
The total publ ic school enrollment for the county was 8,105. 18 
During the year 1939-1940 Purdue University enrolled 7,242 
students, of whom 4,955 were from Indiana. 190 

The recreational facilities of the county are largely in 
or near Lafayette. There are 3 public parks in the county 
seat; Columbian Park, a 41 -acre tract with a zoological garden 
housing nearly 100 animals; Murdock Park, a 37^-acre tract 
of woods and hills, and containing a baseball diamond and 
picnic grounds; and Shamrock Park of 11^ acres with a base- 
bail field and playground. There are 3 golf courses lo- 
cated near Lafayette and fishing in the Wabash and Tippecanoe 
Rivers is a popular sport. 192 

As a result of the Nation-wide depression, the system of 
relieving distress through the county poor farm and by direct 

1 P 5 

U. S. Bureau of the Census, Fifteenth Census of the United States, 1930, Retail Sales 

Distribution, I, pt. 2, 710. 

U. S. Bureau of the Census, Fifteenth Census of the United States, 1930, Wholesale 

Distribution, II, 20. 

18 7 

Indiana State Planning Board, op. eil., p. 11. 

TOO 

Indiana State Department of Education Indiana School Directory, 1940-1941, p. 332. 

189 Ibid., pp.. 277-281. 

19 

Indiana State Division of Accounting and Statistics, Year Booh of the State of Indiana, 



1940, p. 1043 

191 



Indiana State Planning Board, op. cit., p. 
1 9Z Ibid., p. 8. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 29 

relief from the township trustees was unable to care for all 
the needy, and in 1933 the federal, state, amd county govern- 
ments began to supplement those facilities with programs of 
work relief and social welfare payments. Tippecanoe County 
has shared in Public Works Administration and Work Projects 
Administration operations and a large Civilian Conservation 
Corps camp is located north of Lafayette near the Indiana 
State Soldiers' and Sailors 1 Home. 



2. GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 

Legal Status of the County 

The county in Indiana is an involuntary corporation, 
sometimes called a quasi corporation, organized as a polit- 
ical subdivision of the state, solely for governmental pur- 
poses. It is a "municipal corporation" and a "municipality" 
within the meaning of several statutes using those terms. 
It is an instrumentality of government, exercising the pow- 
ers delegated by the state and acting for the state. County 
officers are agents of the state. The authority of the county 
and its officers and agents is limited to that expressly or 
impliedly conferred on them by the Ind iana General Assembly- 
Except as limited by the state constitution, the general as- 
sembly has full pewer to create, modify, and abolish coun- 
ties, and to prescribe their powers, governmental organiza- 
tion, and liabilities. 



1 Gavin v. Board of County Comrs. , 104 Ind. 201, 3 N, E, 846 (1885); State ex rel. Work- 
man v. Goldthait. 172 Ind. 210, 87 N. E. 133 (1909); Applegate v. Pettijohn, 205 Ind. 122, 125, 185 
N. E. 911 (1933); McDermott v. Board of County Comrs., 60 Ind. App. 209, 110 N. E. 237 (1915); 
Buck v. Indiana Constr, Co.. 79 Ind. App. 329, 138 N. E. 356 (1923). 

"Municipal corporation." Acts 1933, ch. 237, sec. 2 (repealed by Acts 1937, ch. 119, sec. 
11). Acts 1929; Burns 60-1102; Baldwin 11392-2. Acts 1933; Burns 61-906; Baldwin 13853-6. Acts 
1937; Burns. 1940 suppl., 61-526, 61-622(d), 64-308; Baldwin, 1937 suppl., 12849-2, 13844-43(d), 15897-2. 

"Municipality." Acts 1909; Burns 60-219; Baldwin 13870. Acts 1917; Burns 60-229; Baldwin 
13880. Acts 1923; Burns 60-236; Baldwin 14091. Acts 1937; Burns, 1940 suppl., 61-509(a); Baldwin, 
1937 suppl., 12489-4(a). 

"Offices created by the legislature can be abolished by the legislature. The power that 
creates can destroy. The creator is greater than the creature. The term of an office may be 
shortened, the duties of the office increased, and the compensation lessened, by the legislative 
will." Rogers v. Calumet National Bank, 213 Ind. 576, 585, 12 N. E. (2d) 261 (1938). 



30 TIPPECANOE COUNTY 

Before the adoption of the Constitution of 1851, the 
legislature had full power to enact local laws concerning 
county matters, end many such laws were enacted; but since 
1851 there have been constitutional provisions prohibiting 
the enactment of local laws concerning several specified 
•ubjects affecting county organization and functions. The 
general assembly often passes lews applicable to counties 
and cities having a specified population and to counties con- 
taining cities ©f a specified population. Such laws are 
sometimes upheld and sometimes held void as being in con- 
flict with these constitutional provisions. Several laws 
authorize the appointment of county officials but do not re- 
quire such appointment. 

There are 92 counties in Indiana. Knox County, the 
oldest, was created by proclamation of the Governor of the 
Northwest Territory on June 20, 1790, 5 The counties of 
Clark 6 and Dearborn 7 were created on February 3, 1801 and 
March 7, 1803, respectively, by proclamation of the Governor 
of Indiana Territory. The counties of Franklin, Gibson, 
Harrison, 10 Jackson, 11 Jefferson, 12 Orange, 13 Perry, 14 



2 ConSt. 1851, art. 4, sees. 22, 23. 
State ex re L Hargrave v. Reitz, 62 Ind. 159 (1878); Campbell v. Indianapolis, 155 Ind. 
186, 57 N. E. 920 (1900); Bullock v. Robison, 176 Ind. 198, 93 N. E. 998 (1911); Wayne Twp. v. 
Brown, 205 Ind. 437, 186 N. E. 841 (1933); Meara v. Brindley, 207 Ind. 657, 194 N. E. 351 (1935); 
Groves v. Board of County Comrs., 209 Ind. 371, 199 N. E. 137 (1936); Crowe v. Board of County 
Comrs., 210 Ind. 404, 3 N. E. (2d) 76 (1936); Board of County Comx-s., v. Crowe, 214 Ind. 446, 14 
N. E. (2d) 907 (1938). 

4 Campbell v. Indianapolis, 155 Ind. 186, 57 N. E. 920 (1900); Rushville v. Hayes, 162 Ind. 
193, 70 N. E. 134 (1904); Burnb v. Evansville, 168 Ind. 272, 80 N. E. 625 (1907); Kraus v, Lehman, 
170 Ind. 408, 83 N. E. 714 (1908); Bullock v. Robison, 176 Ind. 198. 93 N. E. 998 (1911); Boberg v. 
Harlem, 194 Ind. 310, 142 N. E. 705 (1924); Heffelfinger v. Ft. Wayne, 196 Ind. 689, 149 N. E. 555 
(1925); Heckler v. Conter, 206 Ind. 376, 187 N. E. 878 (1933); Crowe v. Board of County Comrs., 
210 Ind. 404, 3 N. E. (2d) 76 (1936). 

William Henry Smith, editor, The St. Clair Favers (Cincinnati, 1882), II, 166 note. George 
Pence and Nellie C. Armstrong, Indiana Boundaries: Territory, State and County (1933), 21, 514. 
Pence and Armstrong, op. cit., 256. 



7 Ibid., 310. 






3 Acts 1810, 


ch. 


6. 


9 Acts 1813, 


ch. 


23. 


1 ° Acts 1808, 


ch. 


1. 


1 l Acts 1815, 


ch. 


1. 


1 2 Acts 1810, 


ch. 


2. 


1 S Acts 1815, 


ch. 


12. 



1 4 Acts 1814, ch. 7. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 31 

Posey, 15 Switzerland, 16 Warrick, 17 Washington, 18 and Wayne 19 
were created by special acts of the General Assembly of Indi- 
ana Territory. These 15 counties are all mentioned in the 

♦ 2 

Constitution of 1816. The remaining 77 counties were cre- 
ated by special acts of the General Assembly of the State 
of Indiana. 

The Constitution of 1816 provided : "The Genera 1 Assem- 
bly, when they lay off any new county, shall not reduce the 
old county, or counties, from which the same shall be taken 
to a less content than four hundred square miles."*" 1 The 
Constitution of 1816 further provided that the legislature, 
"at the time they lay off a new county," should provide cer- 
tain funds for a public library. The Constitution of 1851 
provides: "No county shall be reduced to an area less than 
four hundred square miles; nor shall any county, under that 
area, be further reduced. "~° The Constitution of 1851 further 
provides: "The Senate shall not exceed fifty, nor the House 
of Representatives one hundred members; and they shall be 
chosen by the electors of the respective counties or districts, 
into which the State may, from time to time, be divided.""' 
The Constitution of 1851 provides that a new county may be 
created out of the counties of Perry and Spencer if appr©ved 
by election of the voters in those counties in such manner 
as may be prescribed by law; 25 but no such new county has 
been created. These are all of the constitutional provisions 
concerning the creation of counties in Indiana. 

The legislature passed a general law in 1861 providing 
for the creation of new counties by election in the affected 
old counties after petition has been presented to the board 
of commissioners in such counties. No new counties have 
been created since the enactment of this law. 



1 5 


Ibid. 








16 


Ibid., 


ch. 


9. 




1 7 


Acts 1813 


, ch. 


23. 



1 8 Acts 1813-14, ch. 10. 

1 9 Acts 1810, ch. 1. 

20 Const. 1816, art. 12, sec. 9. 

21 Ibid., art. 11, sec. 12. 

22 Ibid., art. 9, sec. 5. 

23 Cons!:. 1851, art. 15, sec. 7. 

" 4 Ibid., art. 4, sec. 2. 

2 5 

Ibid., schedule, par. 15. 

2 6 Acts 1861; Burns 26-301 to 26-310; Baldwin 5044 to 505; 



32 TIPPECANOE COUNTY 

STRUCTURAL DEVELOPMENT OF COUNTY GOVERNMENT 

© 7 

From the organisation of Tippecanoe County in 1826, 
the following officers, boards, and courts (arranged alpha- 
betically in three groups) have existed in the county: 

OFFICERS 

Appraiser (1841-72) 28 

Auditor (1841 to date) 29 

Clerk of the circuit court (1826 to date) 30 

Commissioner of threep^rcent fund (1833-43) 

Coroner (1826 to date) 32 

County agent (1826-52) 33 

County agricultural agent (1917 to date) 

County assessor (1826-52, 1872-75, 1891 to date) 35 

County director of public welfare (1936 to date) 36 

County health commissioner (1909-38) 

County health officer (1881-1909, 1938 to date) 38 

County highway superintendent (1913-33) 

County highway supervisor (1933 to date 1 * 

County inspector of weights and measures (1929 to date) 

County liquor agent (1853-59) 

County poundkeeper (1826-53) 

County school commissioner (1829-49) 

County school examiner (1834-73) 5 



27 



Acts 1825-26, ch. 10, sec. 1 (Tippecanoe organization act). 



See the essay entitled "County Assessor." 



See the essay entitled "Auditor.' 
3 ° See the essay entitled "Clerk of the Circuit Court." 
3 1 See the essay entitled "Commissioner of Three Percent Fund (1833-43)." 

See the essay entitled "Coroner." 
3 5 See the essay entitled "County Agent (1826-52 )." 
3 4 See the essay entitled "County Agricultural Agent." 

5 See the essay entitled "County Assessor." 
3 6 See the essay entitled "County Department of Public Welfare." 



3 7 See the essay entitled "County Health Officer. 



Ibid. 

3 9 See the essay entitled "County Highway Supervisor." 
40 76*2. 

4 ^ See the essay entitled "County Inspector of Weights and Measures." 
4 See the essay entitled "County Liquor Agent (1855-59)." 

43 See the essay entitled "County Poundkeeper (1826-53)." 

44 See the essay entitled "County School Commissioner (1829-49)." 
4 5 See the essay entitled "County Superintendent of Schools." 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 33 

County superintendent (1873-192 7) 46 

County superintendent of schools (1927 to date) 47 

District attorney (1853-73) 48 

District road supervisors (1826-79) 

Home demonstration agent (1936 to date) 50 

Jury commissioners (1881 to date) 

Lister (1826-41) 52 

Master commissioner (1853 to date) 53 

Master in chancery (1831-53) 54 

Probation officer (1929 to date) 55 

Prosecuting attorney (1826 to date) 56 

Prosecuting attorney, criminal circuit court (1867-75) 5 

Recorder (1826 to date) 58 

Registration clerks (1911-17) 59 

Registration inspector (1911-17) 

Registration officer (1889-92, 1933 to date) 61 

Sheriff (1826 to date) 62 

Surplus revenue agent (1S37-43) 63 

Surveyor (1828 to date) 64 

Tax collector (1827-41) 65 

Treasurer (1828 to date) 66 

Trustee of public seminary (1830-53) 67 



4 7 nut. 

~ 8 See the essay entitled "District Attorney (1853-73)." 

4 9 

See the essay entitled "County Highway Supervisor." 

° See the essay entitled "Home Demonstration Agent." 

See the essay entitled "Jury Commissioners." 

5 P 

See the essay entitled "County Assessor." 

5 S 

See the essay entitled "Master Commissioner." 

Ibid. 

5 5 

See the essay entitled "Probation Officer." 

See the essay entitled "Prosecuting Attorney." 

5 7 

See the essay entitled "Prosecuting Attorney, Criminal Circuit Court (1867-75)." 

c o 

See the essay entitled "Recorder." 

5 9 

See the essay entitled "Registration Officer.." 

6 1 Ibid. 

^ See the essay entitled "Sheriff." 

6 3 

See the essay entitled "Surplus Revenue Agent (1837-43)." 

^ See the essay entitled "Surveyor." 

6 5 See the essay entitled "Tax Collector (1827-41)." 

See the essay entitled "Treasurer." 

See the essay entitled "Trustee of Public Seminary (1830-53)." 



34 TIPPECANOE COUNTY 

BOARDS 

Board of children's guardians (1901-36) 68 

Board of commissioners (1829 to date) 69 

Board of county charities arjd corrections (1905-36) 70 

Board of equalization (1826-90) 71 

Board of finance (1907 to d*te) 72 

Board of justices C 1 826-29 ) ? S 

Board of primary election commi ss i oners (1907 to date) 74 

Board of registration commissioners (1917-19) 

Board of turnpike directors ( 1 879-1913 ) 7 6 

Commission of public records (1939 to date) 7 

County board of canvassers (1843 to date) 78 

County board of education (1873 to date) 79 

County board of election commissioners (1889 to date) 80 

County board of health (1881-1909) 31 

County board of public welfare (1936 to date) 82 

County board of review (1891 to date) 8 ° 

County board of tax adjustment (1932 to date) 84 

County council (1899 to date) 85 

County department of public welfare (1936 to date) 8 ' 

CoiiDty school fund board (1935 to date) 87 

Precinct registration board (1911-17, 1919-27) 88 



See the essay entitled "Board of Children's Guardians (1901-36)." 

See the essay entitled "Board of Commissioners." 

7 



7 1 

See the essay entitled "County Board of Review." 



See the essay entitled "Board of County Charities and Corrections (1905-36)." 
1 

See the essay entitled "Board of Finance." 

7 S 

See the essay entitled "Board of Commissioners." 

7 4 

See the essay entitled "Board of Primary Election Commissioners." 

See the essay entitled "Registration Officer." 

See the essays entitled "Board of Commissioners" and "County Highway Supervisor.' 

7 7 

See the essay entitled "Commission of Public Records." 

7 8 

See the essay entitled "County Board of Canvassers." 

7 9 

See the essay entitled "County Board of Education." 

q q 

See the essay entitled "County Board of Election Commissioners." 

q -I 

See the essay entitled "County Health Officer." 

8 2 

See the essay entitled "County Department of Public Welfare." 

8 3 

See the essay entitled "County Board of Review." 

8 4 

See the essay entitled "County Board of Tax Adjustment." 

q c 

See the essay entitled "County Council." 

See the essay entitled "County Department of Public Welfare." 

S 7 

See the essay entitled "County School Fund Board." 

See the essay entitled "Registration Officer." 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 35 

Township board of registry (1867-69) 89 

COURTS 

Circuit court (1826 to date) 90 

Court of common pleas (1848-52, 1853-73) 91 

Court of conciliation (1853-65) 92 

Criminal circuit court (1867-75) 98 

Probate court (1829-53) 94 

Superior court (1875 to date) 95 i.JLST'SO?' 

In the early days of the county few public officials were 
needed. The sheriff preserved ord^r generally, took part in 
conducting elections, and executed the process and orders of 
the courts. The clerk of the circuit court acted as ministe- 
rial officer of the courts, served as clerk of the board doing 
county business, took part in elections, county finance, and 
taxation, and was in general a "county clerk"— a name by which 
he is often called now. The duties of the coroner, prosecut- 
ing attorney, recorder, surveyor, and treasurer were similar 
to their present duties except that taxes were collected by 
a county tax collector (instead of the treasurer) from 1826 
until 1841. County business was transacted by the board of 
justices (composed of all the justices of the pesee in the 
county) from 1826 until 1829, and by the board of commis- 
sioners (composed of thrpe county commissioners) from 1829 
until 1899, and by the board of commissioners (composed of 
three county commissioners) and the county council (composed 
of seven councilman) since 1899. The board doing county 
business had charge of the acquisition, use, and disposition 
of county property, constructed public buildings, levied taxes, 
issued licenses, established and constructed roads and bridges, 
allowed claims against the county, employed several minor 
public officials, arid nrovidpd for poor relief. The county 
had one court from 1826 until 1829, two from 1829 until 1848, 
three from 1848 until 1865, two from 1865 until 1867, three 
from 1867 until 1873, and tw© from 1873 to the present time. 



8 9 .... 

Ibid. 

9 

See the essay entitled "Circuit Court." 

9 See the essays entitled "Court of Common Pleas (1848-52)" and "Court of Common 
Pleas (1853-73)." 

9 2 See the essay entitled "Court of Conciliation (1853-65)." 
9 S See the essay entitled "Criminal Circuit Court (1367-75)." 
9 4 See the essay entitled "Probate Court (1829-53)." 
See the essay entitled "Superior Court." 



36 TIPPECANOE COUNTY 

As a result of increased property valuations and transfers, 
broadening of the scope of commercial enterprises and trans- 
actions, a constant growth in population, and improvements 
in transportation facilities, taxation and county finance 
gradually grew from a simple form to a complex form requir- 
ing additional public officials. The office of the auditor 
(the financial agent of the county) was created in 1841 to 
take over many duties of the clerk of the circuit court. The 
first tax law for the support of schools was passed in 1849. 
Since the adoption of the Constitution of 1851 the public 
school facilities have steadily improved. In 1899 the "County 
Reform Law" was enacted, transferring to the newly created 
county council many duties concerning taxation and finance 
previously performed by the board of commissioners. In recent 
years public heal th service and public welfare assistance have 
become important functions of the county and its officials. 

General Administration 

The general administrative control of county matters is 
vested in the board of commi ssioners and the county council. 96 

CONTRACTS 

The board of commissioners, as the general governing 
body of the county, is the agency entrusted with the making 
of contracts for the purchase of materials and supplies for 
all county offices, and for the construction of county build- 

• 9 7 

ings and other public improvements. The board cannot bind 

the county by any contract which is beyond the scope of its 
powers. s While contracts made by the board are ordinarily 
in writing, the bo«rd may, in certain cases, bind the county 
by oral contracts." 

Though the statutes prescribing the methods of letting 



Many duties of these boards are discussed specifically under appropriate headings of 
this essay. See also the essays entitled "Board of Commissioners" and "County Council." 

y 7 Acts 1899, 1903, 1933; Burns 26-536, 26-537; Baldwin 5401, 5402. Acts 1907; Burns 26-2001 
to 26-2009; Baldwin 5100 to 5108. Acts 1913, 1929, 1933; Burns 53-101 to 53-106; Baldwin 14079 to 14083. 

Use of prison-made goods. Opinions of the Attorney General of Indiana, 1939 (Indianapolis, 
1940), 98. 

9 8 Hight v. Board of County Comrs., 68 Ind. 575, 577 (1879); Driftwood Valley Turnpike 
Co. v. Board of County Comrs., 72 Ind. 226 (1880); Board of County Comrs. v. Bradford, 72 Ind. 
455 (1880). 

McCabe v. Board of County Comrs., 46 Ind. 380 (1874); Board of County Comrs. v. 
Ritter, 90 Ind. 362 (1883). 













9: co 

is 




fl 


In 

<8 


■ 1 
| 


1 







O 
o 

LJ 



«2> 

(30 2 










<0 «» <»j 

111? 



• I 

Ills 

' S i 



3 
> * 



SI 






hi 8 

x * «. »^ 



^ •< VJ ^><J 



M 



,111 



38 TIPPECANOE COUNTY 

contracts vary in detail, their general features are fairly 
uniform. The board is usually required to prepare specifi- 
cations of commodities to be purchased or work to be per- 
formed, together with plans, drawings, or models, if neces- 
sary or desirable, and to place these on file in the auditor's 
office for public inspection. Notice is then given by pub- 
lication in newspapers of general circulation that the speci- 
fications are on file for examination and that sealed bids 
will be received up to a certain date. The board, after 
examination of the bids submitted, is required to award the 
contract to the "lowest responsible bidder," or, in some in- 
stances, the "lowest and best bidder." 100 The right is 
usually reserved to the board, however, to reject any and all 
bids, if they are unsatisfactory, and readvertise for new bids. 
Contracts cannot be made unless money has previously been 
appropriated by the county council for the particular purpose 
involved. 101 

As a general rule, the time for performance of a contract 
may extend beyond the official terms of the county commis- 
sioners, if the contract is made in good faith. °~ A con- 
tract employing an attorney is an exception to this rule. 

ACTIONS 

Ordinarily an action for or against the county is brought 
by or against the board of commissioners. ° An action to 
recover money from the county cannot be maintained until a 
claim therefor has been presented to the board of commis- 
sioners and disallowed in whole or part; but the complaint 
in such suit need not allege such presentation and disallow- 
ance, this being a matter of defense. 105 If the allowance 



The courts have held that provisions of this nature vest some discretion in the 
board in determining the bidder to whom the contract shall be awarded. Ness v. Board of 
County Comrs., 178 Ind. 221, 98 N. E. 33 (1912); Eigenmann v. Board of County Comrs., 53 Ind. 
App. 1, 101 N. E. 38 (1913). 

101 Acts 1899; Burns 26-525, 26-527; Baldwin 5389, 5391. 

102 Board of County Comrs. v. Shields, 130 Ind. 6, 29 N. E. 385 (1891); Jessup v. Hinch- 
man, 77 Ind. App. 460, 133 N. E. 853 (1922). 

103 Board of County Comrs. v. Taylor, 123 Ind. 148, 23 N. E. 752 (1890). 

1 ° 4 1 Rev. Stat. 1852; Burns 26-606; Baldwin 5220. Shilling v. State ex rcl. Board of County 
Comrs., 158 Ind. 185, 62 N. E. 49 (1901). 

105 Acts 1879 (Spec. Seas.), 1885; Burns 26-820; Baldwin 5275. Bass Foundry & Mach. 
Works v. Board of County Comrs., 115 Ind. 234, 17 N. E. 593 (1888); Board of County Comrs. v. 
Tichenor, 129 Ind. 562, 29 N. E. 32 (1891): Mueller v. Board of County Comrs., 73 Ind. App. 196, 
127 N. E. 15 (1920). 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 39 

of a claim is illegal, unwarranted, or unauthorized, the board 
of commissioners may sue to recover from the payee the amount 
paid. If the board does not bring such suit within 60 days 
after such allowance, any taxpayer may demand such suit; 
and if such demand is refused, the taxpayer may sue for the 
county. 106 If money is illegally paid out of the county 
treasury, suit to recover the same from the payee may be 
maintained in the name of the state on the relation of the 
board of commissioners or the officer making disbursement. 
If such suit is not brought within 30 days, any citizen or 
taxpayer may make written demand on the board of commis- 
sioners to bring such suit; and if the board fails or refuses 
to do so, he mav bring suit in the name of the state on his 

10 7 

own relation. 

The bonrd of commissioners, as relator, may sue, in 
the name of the state, on official bonds to recover county 
funds. 108 The auditor, as relator, may sue, in ttoe name of 
the state, to recover money owing to the county. 

The treasurer sues in his name, as treasurer, to collect 
property taxes. 110 Suit to collect inheritance taxes is 
brought in the name of the county. 111 After a claim there- 
for has been disallowed by the board of commissioners, the 
taxpayer may sue the board of commissioners for a refund of 
taxes illegally assessed or collected. 

Land needed by the county for publ ic bui Idings , " l high- 
ways, bridges, culverts, 1 4 drainage, sewers, 1 1 ° or airports 116 



106 Acts 1897; Burns 26-811; Baldwin 5262. Sudbury v. Board of County Comrs., 157 Ind. 
446, 62 N. E. 45 (1901). 

107 Acts 1899; Bums 26-545; Baldwin 5410. 

i or 

~ v w Acts 1881 (Spec. Sess.); Burns 2-203; Baldwin 18. Graham v. State ex rel. Board of 

County Comrs., 66 Ind. 385 (1879); Shilling v. State ex rel. Board of County Comrs,, 158 Ind. 185, 

62 N. E. 49 (1901). 

1 ° 9 1 Rev. Stat. 1852; Burns 49-3017; Baldwin 5431. Vanarsdall v. State ex rel. Watson, 

65 Ind. 176 (1879); Demarest v. Holdeman, 157 Ind. 467, 62 N. E. 17 (1901). 
110 



Acts 1932 (Spec. Sess.); Burns 64-1511; Baldwin 15754. 

1 I ?. 



111 Acts 1931; Burns 6-2415; Baldwin 15953, 



Acts 1919; Burns 64-2819; Baldwin 15881. Acts 1923; Burns 64-2824; Baldwin 15884. 
Cody v. Board of County Comrs., 204 Ind. 87, 183 N. E. 404 (1932); Board of County Comrs. v. 
Millikan, 207 Ind. 142, 190 N. E. 185 (1934). 

113 Acts 1899; Burns 26-2101; Baldwin 5109. 

114 Acts 1919; Burns 36-303; Baldwin 8861. Acts 1935; Burns, 1940 suppl., 36-711; Baldwin, 
1935 suppl.. 8861-1. 

115 Acts 1937; Burns, 1940 suppl., 26-640; Baldwin, 1937 suppl., 5236-1. 

116 Acts 1920 (Spec. Sess.); Burns 14-302; Baldwin 4022. 



40' TIPPECANOE COUNTY 

may be acquired by the county under its power of eminent 
domain, on payment of the value and damages fixed by the 
court in condemnation proceedings. 

The action of mandamus may be brought against any county 
officer to compel the performance of any act which the law 
specifically enjoins, or any duty resulting from his office 
or trust. 17 For example, mandamus lies to compel: The 
auditor to draw warrants on the county treasurer; 110 the 
board of commissioners to take action on claims that have 
been properly prespnted, 9 to approve official bonds, and 

to repair or rebuild bridges; 121 and the county council to 
make appropriations." 

In some instances a county officer can be enjoined from 
acting illegally. Some of the acts prevented by injunction 
are: Collection of illegal taxes; 123 illegal issuance of 
licenses; ~ ^ doing of illegal acts that would increase tax- 
ation; ) payment of i 1 lega 1 claims ; 1 ^ ? and making an illegal 
contract. 1 27 

The county is not liable for damages resulting from the 
acts or omissions of its o f f i cers , .except where such liabil- 
ity is imposed or permitted by s.tatute. 

Failure of the county council to make appropriation for 
the debt or demand constituting the subject matter of the 
suit does not prevent maintenance of the suitor recovery of 
judgment. No judgment against a county is enforceable 

except out of moneys appropriated by the county council for 



1 l 7 Acts 1881 (Spec. Sess.), 1911; Burns 3-2202; Baldwin 1091. 

118 Gill v. State ex rel. Board of County Comrs., 72 Ind. 255 (1880). 

1 1 9 Board of County Comrs. v, State ex rel. Reed, 179 Ind. 644, 102 N. E. 97 (1913). 

120 State ex rel. Taylor v. Board of County Comrs., 124 Ind. 554, 25 N. E. 10 (1890). 

121 State ex rel. Roundtree v. Board of County Comrs., SO Ind. 478 (1881). 

22 Shelby County Council v. State ex rel. School City of Shelbyville, 155 Ind. 216, 57 



N. E. 712 (1900) 
1 23 



Hobbs v. Board of County Comrs., 103 Ind. 575, 3 N. E. 263 (1885) 

1 24 



Marriage license. Sweigart v. State, 213 Ind. 157, 12 N. E. (2d) 134 (1938). 
1 26 



125 State ex rel. Davis v. Board of County Comrs., 165 Ind. 262, 74 N. E. 1091 (1905). 



Warren Agri. Joint Stock Co. v. Barr, 55 Ind. 30 (1876). But see Bentley v. Board 
of County Comrs., 102 Ind. App. 533, 200 N. E. 499 (1936). 

127 Farris v. Jones, 112 Ind. 498, 14 N. E. 484 (1887). 

12 8 

State ex rel. v. Board of County Comrs. v. Board of County Comrs., 170 Ind. 595, 

608, 85 N. E. 513 (1908). 

9 Acts 1899; Burns 26-527; Baldwin 5391. Board of County Comrs. v. Pike Civil Twp./ 

168 Ind. 535, 81 N. E. 489 (1907). 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 41 

that purpose; but, by mandamus proceedings (against the coun- 
ty council, board of commissioners, and auditor), the county 

■J Q r\ 

council may be compelled to make such appropriation. 

It is the duty of the prosecuting attorney to superin- 
tend, on behalf of the county, all suits in which the county 
may be interested or involved," including suits to collect 
taxes and tax penalties " and suits against officers or on 
their bonds . 1 S The prosecuting attorney must make a report 
to the board of commissioners each month showing the causes 
in which he appeared in person or by deputy 



1 34 



RECORDATION 

The recordation of deeds, mortgages, plats, and other 
private documents for purposes of preservation and public 
notice is a most important function of the county, since 
commerce and titles to property are directly affected there- 
by. 135 To entitle any conveyance, mortgage, or other writ- 
ten instrument to be recorded, the execution thereof must 
be acknowledged or proved in the manner required by law, 
and the intangible tax thereon (if any) must be paid. 
No conveyance of land can be recorded by the recorder until 

130 Acts 1899; Burns 26-528; Baldwin 5392. 

Formerly the public property of the county was subject to execution to satisfy such judg- 
ment. 2 Rev. Stat. 1852; Burns 26-803; Baldwin 5253. 

131 2 Rev. Stat. 1852; Burns 49-2504; Baldwin 5460. 

132 Acts 1931; Burns 6-2415; Baldwin 15953. Acts 1937; Burns, 1940 suppl., 16-320; Bald- 
win, 1937 suppl., 3811-4. Acts 1919; Burns 64-608, 64-719, 64-1319, 64-1519, 64-2208; Baldwin 15576, 
15633, 15723, 15773, 15815. Acts 1932 (Spec. Sess.); Burns 64-1511; Baldwin 15754, Acts 1933, 1937; 
Burns, 1940 suppl., 64-2628; Baldwin, 1937 suppl., 16009. 

133 Acts 1917; Burns 60-227; Baldwin 13878. 

134 Acts 1933; Burns 49-2695; Baldwin 7550, 

135 Acts 1935; Burns, 1940 suppl., 51-504; Baldwin, 1935 suppl., 13227-4. 1 Rev. Stat. 
1852; Burns 56-118; Baldwin 14664. 1 Rev. Stat. 1852, Acts 1875, 1913, 1921, 1923; Burns 56-119; 
Baldwin 14671. Acts 1897; Burns 56-120; Acts 1877; Burns 56-716; Baldwin 998. 

Right to rely on record of mortgage. Vincennes Savings and Loan Assn. v. St. John, 213 
Ind. 171, 12 N. E. (2d) 127 (1938). 

136 Rev. L. 1831, ch. 41, sees. 7, 11. Acts 1905; Burns 48-801; Baldwin 12473. 1 Rev. 
Stat. 1852; Burns 49-3212; Baldwin 14666, Acts 1935; Burns, 1940 suppl., 51-507; Baldwin, 1935 
suppl., 13227-7. 1 Rev. Stat. 1852. Acts 1859; Burns 56-123 to 56-130, 56-132 to 56-137; Baldwin 14674 
to 14676, 14679 to 14683, 14666, 14669, 14658, 14677, 14659, 14731, 

The acknowledgment or proof must be recorded with the instrument. Hid. 

137 Acts 1933; Burns 64-929; Baldwin 15927. 



42 TIPPECANOE COUNTY 

aft.er the instrument has been presented to the auditor and 
he has made an endorsement thereon that the land has been 
duly entered for taxation or is not taxable, 13 

The recorder and clerk of the circuit court are the re- 
cording officers. Lists of documents which may be recorded 
by them are included in the essays entitled "Recorder" and 
"Clerk of the Circuit Court." 

Indiana has no system of registration of land titles. 
A bill to establish the "Torrens System" of registration of 
land titles was introduced in the 1939 session of the general 
assembly but was defeated. 

Indiana has a system of registering titles to motor ve- 
hicles (law administered by the state bureau of motor vehi- 
cles), 13 ' but has no system of registering titles to other 
personal property. 

Judiciary 

Tippecanoe Circuit Court and Tippecanoe Superior Court 
have been in active existence ever since 1826 and 1875, re- 
spectively. The following courts formerly existed in Tippe- 
canoe County: Probate court (1829-53); court of common pleas 
(two courts, 1848-52, 1853-73); court of conciliation (1853- 
65); and criminal circuit court ( 1887-75) . x 40 

The circuit court has original jurisdiction of naturali- 
zation proceedings under the federal laws; all criminal cases 
under the state laws (except those punishable only by fine 
not exceeding $3, of which the justices of the peace have 
exclusive original jurisdiction); proceedings to punish the 
violators of town ordinances; i\ 11 civil actions at law; all 
suits in equity; divorce and alimony proceedings; declaratory 
judgment proceedings; juvenile matters; insanity inquests 
and commitments; election contests; proceedings for removal 
of county officers; quo warranto proceedings; proceedings 
for mandatp, prohibition, and injunction; proceedings to quiet 
title to real estate; partition proceedings: n e exeat proceed- 
ings; habeas corpus proceedings; proceedings to commit per- 



1 S 3 1 Rev. Stat. 1S52; Burns 49-3214; Baldwin 5478. Acts 1919; Burns 64-1409; Baldwin 



1574G. 

1 3 9 



Acts 1921, 1931, 1935, 1939; Burns, 1940 suppl., 47-301; Baldwin, 1939 suppl., 11128. 



See the essays entitled "Circuit Court," "Superior Court," "Probate Court (1829-53), 
"Court of Common Pleas (1848-52)," "Court of Common Pleas (1853-73)," "Court of Conciliation 
(1853-65)," and "Criminal Circuit Court (1867-75)." 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 43 

sons to hospitals operated by Indiana University; eminent 
domain proceedings; proceedings to establish drainage dis- 
tricts and assessments; proceedings for change of names; 
adoption proceedings; receiverships; bastardy proceedings; 
guardianships; probate of wil Is; and administration of estates 
of decedents, minors, and insane persons. The circuit court 
is known as the "Juvenile Court" when exercising jurisdiction 
of juvenile matters. In connection with its jurisdiction to 
administer decedents' estates, the court administers certain 
provisions of the inheritance tax laws. 

The circuit court has appellate jurisdiction to review 
decisions of justices of the peace; city courts; board of 
commissioners; board of commissioners and county council 
acting joint ly concerning condemnation of schoolh®uses ; board 
of review fixing value of property for taxation; taxing au- 
thorities determining that proper ty i s taxabl e ; board of pub- 
lic works or board of park commissioners of any city in the 
county (or city council performing such functions); and other 
inferior tribunals when no express direction is given as to 
the court to which the appeal lies, 142 

The superior court has or i gina 1 jurisdiction of natural- 
ization proceedings under the federal laws, habeas corpus 
proceedings, mandate proceedings, prohibition proceedings, 
actions by or against executors and administrators, and all 
other civil causes at law and in equity, as a court of gen- 
eral jurisdiction. The United States Department of Labor 
has never furnished to this court the necessary printed forms 
for naturalization proceedings, hence it has never exercised 
its naturalization jurisdiction. 

The superior court has appellate jurisdiction to review 
decisions of justices of the peace in civil cases, city courts 
in civil cases, board of commissioners, board of review fix- 
ing value of property for taxation, and board of public works 
and safety or board of park commissioners of any city in 
the county (or city council performing such functions). The 
act creating this court provides that it shall have "all other 
appellate jurisdiction in civil causes now vested is or which 
may hereafter be vested by law in the circuit courts." 



14 1 

See the essay entitled "Circuit Court." 

Ilia. 

1 4 S 

See the essay entitled "Superior Court. 

144 /». 



44 TIPPECANOE COUNTY 

In each township in Tippecanoe County there is a jus- 
tice of the of the peace, elected for a 4-year term by the 
voters of the township. He has original jurisdiction (con- 
current with the circuit court) of certain civil actions in- 
volving $200 or less, with power to render judgment up to 
$300 on confession; exclusive original jurisdiction of mis- 
demeanors under the state laws punishable only by fine not 
exceeding $3; original jurisdiction (concurrent with the cir- 
cuit court) of all other misdemeanors under the state laws 
punishable by fine only, with power to assess fines only up 
to $25; and jurisdiction as a committing magistrate in crim- 
inal cases under the state laws. His civil jurisdiction is 
limited to his township, but his criminal jurisdiction is 
coextensive with his county. Each justice of the peace must 
pay to the county treasurer all fines which he collects. 
Tippecanoe County has had justices of the peace since its 
organization in 1826. 1 5 

Arranged according to subject matter, the courts ex- 
isting in Tippecanoe County from 1826 to date have had orig- 
inal jurisdiction as f ol lows :— Civil actions at law: (a) Circuit 
court (1826 to date); (b) superior court (1875 to date); 
(c) probate court (1831-53); (d) court of common pleas (two 
courts, 1848-52, 1853-73), Criminal cases: (a) Circuit court 
(1826-67, 1875 to date); (b) court; of common pleas (1853-67); 
(c) criminal circuit court (1867-75). Chancery eases: (a) Cir- 
cuit court (1826 to date); (b) superior court (1875 to date); 
(c) probate court (1831-53); (d) court of common pleas (two 
courts, 1848-52. 1853-73). Probate matters, settlement of decedents' estates, 
and guardianship: (a) Circuit court (1826-29, 1873 to date); 
(b) probate court (1829-53); (c) court of common pleas (1853- 
73). Juvenile matters: (a) Circuit court (1875 to date); (b) court 
of common pleas (1867-73). Conciliation: Court of conciliation 
(1853-65). Naturalization proceedings: (a) Circuit court (1826 to 
date); (b) superior court (1875 to date); (c) court of common 
pleas (1853-73). 146 



" 4 5 Const. 1816, art. 5, sec. 12. Const. 1351, art. 7, sec. 14. Rev. Stat. 1838, ch. 7 (sec- 
ond act), sec. 1; ch. 58, sees. 1, 5, 14, 18, 19, 39. Rev. Stat. 1843, ch. 4, sees. 21-25; ch. 47, sees. 
1-13; ch. 55, sees. 1, 5-8. 2 Rev. Stat. 1852, pt. 4, ch. 1, sees. 1-3; ch. 6, sees. 1-9. Acts 1913; 
Burns 5-101; Baldwin 1828. 2 Rev. Stat. 1852, Acts 1861; Bums 5-201, 5-208; Baldwin 1857, 1859. 
Acts 1881; Burns 5-1803; Baldwin 1874. Acts 1905; Burns 9-711, 9-715; Baldwin 2080, 2084. 

1 4 6 See the essays entitled "Circuit Court," "Superior Court," "Probate Court (1829-53)," 
"Court of Common Pleas (1848-52)," "Court of Common Pleas (1853-73)," "Court of Conciliation 
(1853-65)," and "Criminal Circuit Court (1867-75)." 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 45 

Decisions of the circuit court and superior court were 
reviewable by the Supreme Court of Indiana until 1891, amd 
since 1891 by the Supreme Court of Indiana or the Appellate 
Court of Indiana. Decisions of the probate court (1829-53) 
and the court of common pi eas (1848-52, 1853-73) were review- 
able by the Tippecanoe Circuit Court or the Supreme Court 
of Indiana. Decisions of the criminal circuit court were 
reviewable by the Supreme Court ©f Indiana. Proceedings 
in the court of conciliation could not be appealed to another 
court. 147 

In 1937 the Supreme Court of Indiana said: "Courts are 
bound to declare the law to be that which the General Assem- 
bly, acting within its constitutional power, enacts, be it 
wise or foolish as measured by our personal view, and even 
though it shocks our sense of justice and fairness." 

The clerk of the circuit court, in person or by deputy, 
performs for the circuit court and the superior court the 
numerous statutory and customary duties of clerk. He served 
as clerk of the probate court (1823-53), court of common 
pleas (two courts, 1848-52, 1853-73), and c r i m i n a I circuit 
court (1867-75). The court of conciliation (1853-65) had 
no clerk. 1 49 

The sheriff, in person or by deputy, attends the circuit 
court and superior court, preserves order therein, makes an- 
nouncements for the courts, calls witnesses to the courtrooms, 
and executes the process of the courts. He performed similar 
duties for the probate court (1829-53), court of common pleas 
(two courts, 1848-52,^1853-73), court of conciliation (1853- 
6 5), and criminal circuit court (1867-75). 5 Constables 
perform similar duties for the justices of the peace. 
Bailiffs (appointed by the judges as needed) wait on the grand 
juries (in circuit court only) and petit juries and preserve 
order during their proceedings and deliberations. If no bail" 

iff is appointed, the sheriff or his deputy performs these 

is? 
duties. The coroner performs these duties of the sheriff 



14 7 

1 * ' Ibid. 

148 State v. Brown, 213 Ind. 118, 124, 11 N. E. (2d) 679 (1937). 

14 9 

See the essays entitled "Circuit Court," "Superior Court," "Probate Court (1829-53)," 

"Court of Common Pieas (1848-52)," "Court of Common Pleas (1853-73)/' "Court of Conciliation 

(1853-65)," and "Criminal Circuit Court (1367-75)." 

150 Hid. See the essay entitled "Sheriff." 

1 5 1 2 Rev, Stat. 1852; Burns 5-601; Baldwin 1865. Acts 1905; Burns 9-710; Baldwin 2081. 
2 Rev. Stat. 1852; Burns 49-3401, 49-3403, 49-3407; Baldwin 16116, 16119, 16122. 

1 5 2 1 Rev. Stat 1852, ch. 3, sec. 4. 2 Rev. Stat. 1852, pt. 1, ch, 6, sec. 4. Acts 1879, 



46 ^ TIPPECANOE COUNTY 

in the event of the absence, personal interest, or incapacity 
of the sheriff, or vacancy in his office. If the coroner 
is also absent or incapacitated, the judge appoints an elisor 
to perform these duties of the sheriff. The prosecuting 
attorney acts as attorney for the state in criminal cases 
under state laws and as attorney for the county and state in 
certain civil cases. 5 The probati on of f i cer (appointed by 
the judge of the circuit court for an indefinite, term when 
needed) makes investigations and reports in criminal- and 
juvenile matters as directed by the court, and supervises the 
conduct of persons on probation. 156 The county director of 
public welfare performs duties of the proba t i on officer when 
so directed by the circuit court. The court reporters 
(appointed by the judges for indefinite terms) take down in 
shorthand, and thereafter transcribe into typewriting, as 
directed by the courts ©r the parties, the oral evidence, 
rulings, instructions to the jury, and other proceedings of 
the courts. ° Two jury commissioners (annually appointed 
by the circuit judge) prepare lists of names from which the 
grand juriei and pe t i t jur i es are drawn. 159 The court pages 
(appointed by the judges for indefinite terms when needed) 



ch. 51, sec. 26. Acts 1881 (Spec. Sees.), ch. 36, sec. 353; ch. 50, sec. 1. Acts 1895, ch. 145, sec 
122. Acts 1899, chs. 83, 112. Acts 1905, ch. 155. Acts 1915, ch. 172. Acts 1919, ch. 134. Acts 
1921, ch. 146. Acts 1921, 1935; Burns, 1940 suppl., 4-3107; Baldwin, 1935 suppl., 1256. Acts 1905; 
Burns 9-1501, 9-1810; Baldwin 2246, 2290. Adams v. State, 214 Ind. 603, 17 N. E. (2d) 64 (1938). 
Opinions of the Attorney General of Indiana, 1939, p. 312. 

1 5 S 2 Rev. Stat. 1852; Burns 49-2902; Baldwin 5437. 

1 5 4 2 Rev. Stat. 1852; Burns 4-322, 4-323; Baldwin 1411, 1412. 

1 5 5 2 Rev. Stat. 1852; Burns 49-2501; Baldwin 5456. Freed v. Martin Circuit Court, 214 
Ind. 152, 14 N. E. (2d) 910 (1938); State e* rel. Spencer v. Marion Criminal Court, 214 Ind. 551, 
15 N. E. (2d) 1020 (1938). See the essay entitled "Prosecuting Attorney." 

156 Acts 1903, ch. 23, sec. 2. Acts 1925, ch. 218. Acts 1927; Burns 9-2212, 9-2213: Bald- 
win 2363, 2364. 

157 Acts 1936 (Spec. Sess.); Burns, 1940 suppl., 52-1120; Baldwin, 1937 suppl., 14078-21. 
See the essay entitled "County Department of Public Welfare." 

158 Acts 1881 (Spec. Sess.), ch. 89. Acts 1899, 1927; Burns 4-3501 to 4-3511; Baldwin 
1288 to 1292, 1298, 1298-1, 1776, 1297-1, 1293, 1300. Adams v. State, 214 Ind. 603, 17 N. E. (2d) 84 
(1938). 

159 Acts 1881 (Spec. Sess.), 1899, 1913; Burns 4-3301, 4-3306; Baldwin 1266, 1270. Acts 1881 
(Spec. Sess.), 1939; Burns, 1940 suppl., 4-3304; Baldwin, 1939 suppl., 1267. Crickmore v. State, 213 
Ind. 586, 12 N. E. (2d) 266 (1938); Johnson v. State, 213 Ind. 659, 14 N. E. (2d) 96 (1938); Foreman 
v. State, 214 Ind. 79, 14 N. E. (2d) 546 (1938). 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 47 

serve as messengers for the judges and clerk, and perform 
other minor duties assigned to them by the judges. 160 

Formerly juries were used in coroner's inquests, but 
such juries were abolished in 1879. The coroner acts in a 
nonjudicial capacity when holdin? inquests, and his findings 
are not binding upon any person. 

LAW ENFORCEMENT 

The constitution provides that all judicial officers 
shall be conservators of the peace in their respective juris- 
diction, 162 and that all c r imi nal prosecut i ons shall be car- 
ried on "in the name, and by the authority of, the state." 163 

Investigations of al leged violations o f cr iminal law are 
conducted by the prosecuting attorney, 164 the sheriff, 16 ' or 
the coroner, 166 cooperating with one another and with state 
and federal bureaus of law enforcement; 15 ' and the results 
of such investigations, if they point toward violations of the 
law, are presented to the grand jury by the prosecuting at- 
torney. 168 

The prosecut ing attorney or hi s deputy may appear before 
the grand jury for the purpose of interrogating witnesses or 
giving information relative to any matter cognizable by it 
or giving requested advice on any legal matter, but he cannot 
be present during the deliberations of the grand jury. 6 



160 Dunn v. State ex rel. Corydon, 204 Ind. 390, 184 N. E. 535 (1933). Opinions of the At- 
torney General of Indiana, 1939, p. 312. 

See the essay entitled "Coroner," 

162 Consl. 1816, art 5, sec. 5, Const. 1851, art. 7, sec. 15. 

163 Cons"t. 1816, art. 5, sec. 11. Cons!. 1851, art. 7, sec. 18. 

1 6 4 2 Rev. Stat. 1852;Burns 49-2503; Baldwin 5459. State ex rel. Spencer v. Marion Crim- 
inal Court. 214 Ind. 551, 15 N. E. (2d) 1020 (1938). 

1 6 5 2 Rev. Stat. 1852; Burns 49-2802; Baldwin 5494. 

1 6 6 2 Rev. Stat. 1852, Acts 1871, 1879 (Spec. Sess.), 1935; Burns, 1940 suppl., 49-2904; 
Baldwin, 1935 suppl., 5439. 

167 Acts 1927; Burns 9-2603 to 9-2610; Baldwin 15353 to 15355, 15357 to 15361. 

168 Acts 1905, 1927; Burns 9-806, 9-901, 9-908; Baldwin 2102, 2123, 2131. 

"An inquiry of a grand jury is not limited to the consideration of that which would be 
admissible on the trial of a cause. Any testimony which might legally affect the finding of or 
refusal to find an indictment is material on a grand jury investigation." Maddox v. State, 213 
Ind. 537, 12 N. E. (2d) 947 (1938), 

1 6 9 Acts 1905; Burns 9-826; Baldwin 2122. 



48 TIPPECANOE COUNTY 

The grand jury consists of six members, 17 at least five of 
whom must concur in the finding of an indictment. When an 
indictment is found by the grand jury, the foreman writes 
thereon the words "A true bill" and signs his name thereunder. 
The indictment is also s igned by the prosecuting attorney. 171 

The prosecuting attorney conducts all prosecutions for 
felonies and misdemeanors charged in indictments returned 
by the grand jury. '" He may also prosecute on affidavit 
all criminal offenses under the state laws, other than trea- 
son and murder , x 7 

Actual enforcement of criminal law in the county is 
entrusted to the sheriff and the coroner, both offices hav- 
ing existed in Tippecanoe County since its organization in 
1826. 174 As law enforcement officers, they have identical 
powers and duties; 175 in pract i ce , however , the coroner per- 
forms few of these duties, except in the absence or incapa- 
city of the sheriff. These officers make arrests in accord- 
ance with warrants issued by the circuit court or by the clerk 
of the circuit court, based on indictments returned by the 
grand jury or affidavits filed with the court. 176 Warrants 

170 Acts 1905; Burns 9-801; Baldwin 2097. 

Const. 1851, art. 7, sec. 16; art. 15, sec. 4, concerning eligibility and oath of officers, do 
not apply to grand jurors. Adams v. State, 214 Ind. 603, 17 N. E. (2d) 84 (1938). 

171 Acts 1905; Burns 9-901; Baldwin 2123. Neal v. State, 214 Tnd. 328, 14 N. E. (2d) 590, 
15 N. E. (2d) 950 (l938). 

Endorsement by prosecuting attorney. Taylor v. State, 113 Ind. 471, 16 N. E. 183 (1888); 
Robinson v. State. 177 Ind. 263, 97 N. E. 929 (1912); Hamer v. State, 200 Ind. 403, 163 N. E. 91 (1928). 

Statutory requirement that affidavits forming the basis of criminal prosecutions must be 
approved by the prosecuting attorney does not apply to indictments. Peats v. State, 213 Ind. 
560, 12 N. E (2d) 270 (1938). 

1 7 2 2 Rev. Stat, 1852; Burns 49-2504; Baldwin 5460. 

173 Acts 1905 , 1927; Burns 9-908; Baldwin 2131. 

"Criminal prosecutions cannot be instituted by private individuals. They may be initi- 
ated by grand jury indictment. Formerly the only other method was on information. For this 
latter procedure the legislature substituted prosecutions by affidavit, approved by the prosecuting 
attorney." The court cannot compel the prosecuting attorney to. approve such affidavit. State 
ex rel. Freed v. Martin Circuit Court, 214 Ind. 152, 14 N. E. (2d) 910 (1938). 

"In him [the prosecuting attorney] is vested discretionary judicial power to investigate and 
determine who shall be prosecuted and who shall not be prosecuted. Judges and courts cannot 
substitute their discretion for that of the prosecuting attorney." State ex rel. Spencer v. Marion 
Criminal Court, 214 Ind. 551, 15 N. E. (2d) 1020 (1938). 

174 Const. 1816, art. 4, sec. 25. Const. 1851, art. 6, sec. 2. Acts 1825-26, ch. 10, sec. 1. 
1 7 5 2 Rev. Stat. 1852, Acts 1933; Burns 49-2901; Baldwin 5436. 

176 Acts 1881 (Spec. Sess.); Burns 3-302; Baldwin 725. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 49 

for arrest may also be issued by the coroner, when the re- 
sults of an inquest indicate that a felony was committed. 17 
Arrest without warrant can be made for a felony, where the 
arresting officer has reliable information of the commission 
of the crime by the person arrested; and arrest wi thout war- 
rant can be made for a felony or misdemeanor committed 
within view of the arresting officer. 178 A warrant issued 
to the sheriff of the county in which the indictment was 
found or the affidavit was filed may be executed by him in 
any county of the state. 179 

In the constitution there are many provisions for the 
benefit of persons accused of crime. Justice must be admin- 
istered freely, and without purchase; speedily, and without 
delay. 8 The accused has the right to a public trial in 
the county in which the offense was committed; the right 
to be heard by himself and counsel; the right to demand the 
nature and cause of the accusation against him, and to have 
a copy thereof; the right to meet the witnesses face to face; 
and the right to have compulsory process for obtaining wit- 
nesses in his favor. 1 No person can be put in jeopardy 
twice for the same offense. In a criminal prosecution, no 
person can be compelled to testify against himself. 18 A 
person arrested or confined in jail must not be treated with 
unnecessary rigor. 183 Excessive bail must not be required. 
Excessive fines must not be imposed, Cruel and unusual 
punishments must not be inflicted. All penalties must be 
proportioned to the nature of the of fense . 1 8 4 Offenses other 
than murder and treason are always bailable by sufficient 
sureties. Murder and treason are bailable unless the proof 
of guilt is evident or the presumption of guilt is strong. 
The penal laws of Indiana are founded on the principles of re- 
formation, and not of vindictive justice. 86 In all criminal 



1 7 7 2 Rev. Stat. 1852; Burns 49-2914; Baldwin 5448, 

178 Doering v. State, 49 Ind. 56, 19 Am. Rep. 669 (1874); Hart v. State, 195 Ind. 384, 145 



N. E. 449 (1924) 

17 9 



Acts 1905, 1937; Burns, 1940 suppl., 9-1001; Baldwin, 1937 suppl., 2134, 

180 Con&. 1851, art 1, sec. 12. 

181 Hid., sec. 13. 

182 Hid., sec. 14. 

183 Ibid., sec. 15. 

184 Hid., sec. 16. 

185 Ibid., sec. 17. 
1 86 Ibid., sec. 18. 



50 TIPPECANOE COUNTY 

cases the jury has the right to determine both the law and 
the facts. 187 The privilege of the writ of habeas corpus 
(to obtain release frem unlawful detention) cannot be sus- 
pended, except in case of rebellion or invasion; and then only 
if the public safety demands such suspension. 1 8 8 No convic- 
tion can "work corruption of blood or forfeiture of estate." 189 
The governor has power to grant reprieves, commutations, and 
pardons, and to remit fines and forfeitures. 190 

The county jail is maintained by the county, the 
sheriff being responsible for its management. Inspection 
or investigation is made by the grand jury at the beginning 
of each regular session, 9 and by the board o f commissioners 
every 3 months . l 94 

FINANCE 

APPROPRIATIONS AND BUDGETS 

The power of making appropriations of money to be paid 
out of the county treasury has been vested exclusively in the 
county council since 1899. 195 Before 1899 the board of com- 
missioners performed the duties now performed by the county 
council. 196 

No money can be drawn from the county treasury not in 
pursuance of appropriation therefor, except in the fol- 
lowing instances: (a) Money belonging to the state and com- 
manded by lav/ to be paid into the state treasury; (b) money 
belonging to any school fund; (c) money belonging to any fund 
of any township, town, or city, and commanded by law to be 
paid to such municipal ity; (d) money, due to any person, which 
has been paid into the county treasury pursuant to public 



187 Ibid., sec. 19. 

188 Ibid., sec. 27. 

] BO 

° Ibid., sec. 30. 

19 

u Ibid., art. 5, sec. 17. 

191 I Rev. Stat. 1852; Burns 13-1001; Baldwin 13448. 

1 9 2 1 Rev. Stat. 1852; Burns 13-1004; Baldwin 13453. 

1 9 8 1 Rev. Stat. 1852; Burns 13-1002; Baldwin 13449. 

194 Acts 1909; Burns 13-1008; Ealdwin 13460. 

Acts 1899; Burns 26-515; Baldwin 5379. "Requirements for Spending Public Money," 
Thirty-Ninth Annual Conference of the State Board of Tax Commissioners and Coiaity Assessors of Indiana, 
December 20, 21 , 22, 1939 (Indianapolis, 1940), 8-14. 

1 9 6 1 Rev. Stat. 1852, ch. 6, sec. 1; ch. 20, sees. 13, 16, 17, 18, 21, 22. 

197 Acts 1899; Burns 26-515; Baldwin 5379. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 51 

improvement assessments on persons or property of the county 
in territory less than the whole county; (e) money, due to 
any person, which has been paid into the treasury for redemp- 
tion from any tax or other sale; or money so due that has 
been paid pursuant to authority of law as a tender or pay- 
ment to such person; (f) taxes erroneously paid ; (g) funds re- 
ceived from the state or federal governments for welfare as- 
sistance or public work projects; 193 and (h) salaries fixed 
by law. 199 

Before the Thursday following the 1st Monday in August 
each year, the various officials of the county (including 
township trustees or assessors) submit to the auditor esti- 
mates of expenditures for the ensuing calendar year and 
estimates of probable revenue to be received from the state 
during that period. The estimates are kept on file in the 
auditor's office, subject to inspection by any taxpayer of the 
county. The audi tor publ isbes notice of the aggregate amount 
of each of such estimates, and prepares an ordinance making 
an appropriation by items for the ensuing calendar year for 
the various purposes for which all of the estimates are re- 
quired. At the annual meeting of the county council on the 
1st Tuesday after the 1st Monday in September, the auditor 
submits all of the estimates to the county council and makes 
recommendations with reference thereto. The council, at 
that meeting, considers the estimates and the proposed ordi- 
nance, and makes such changes as are deemed necessary. A 
three-fourths vote is required to make appropriation for any 
item not contained in any estimate or for a greater amount 
than that named in any item of any estimate. The ordinance 
making the appropriation for the ensuing year is adopted 
after being read on at least 2 separate days. This appropri- 
ation is called the annual county budget, and the estimates 
of expenditures and revenue are called budget estimates. 20 



198 Acta 1899, 1935; Burns, 1940 suppl., 26-522; Baldwin, 1935 suppl., 5386. 

199 Blue v. State ex rel. Powell, 210 Ind. 486, 1 N. E. (2d) 122 (1936). 

Salaries fixed by judge of circuit court for bailiff and page. Opinions of the Attorney Gen- 
eral of Indiana, 1939, p. 312. 

200 Acts 1899; Burns 26-516 to 26-520; Baldwin 5380 to 5384. Acts 1919, 1920 (Spec. Seas.), 
1921, 1927, 1935; Burns, 1940 suppl., 64-1331, 64-1339; Baldwin, 1935 suppl., 15735, 15737-1. 

Appropriations can be made only by the passage of ordinances. State ex rel. Davis v. 
Board of County Comrs., 165 Ind. 262, 74 N. E. 1091 (1905). 

The statutory provision requiring an ordinance for an appropriation to be read on 2 separ- 
ate days is mandatory, and on failure to comply therewith the ordinance is invalid. Van Dei- 
Veer v. State ex rel. Herron, 97 Ind. App. 1, 165 N. E. 265 (1929). 



52 TIPPECANOE COUNTY 

If an emergency arising after the adjournment of the an- 
nual meeting requires funds suppl ementary to those originally 
included in the annual budget, additional appropriations may 
be made in an ordinance passed by a two-thirds vote of all 
the members of the council at a special meeting, after esti- 
mates are prepared and submitted in the manner required for 
annual estimates. If the aggregate amount of the requested 
appropriation exceeds $15,000, the ordinance must be read on 
2 separate days before passage." Such addi t iooa 1 appropri- 
ations must be approved by the state board of tax commis- 
sioners. 202 

When any item of appropriation remains unexpended at 
the end of the calendar year for which it was appropriated, 
the amount thereof reverts to the general fund of the county, 
and no warrant can be drawn thereon . However , time for with- 
drawal is extended where payment was withheld during such 
year because of an injunction which was later dissolved. 
It is unlawful to overdraw the amount of any item of appro- 
priation or to use the funds of any item for an unauthorized 
purpose . 20 

No county official or court has power to bind the county 
by any contract, express or implied, to any extent beyond the 
amount of money at the time already appropriated by ordinance 
for the purpose of the obligation attempted to be incurred. 205 



The surveyor's budget estimates of costs of maintenance of roads is under the control o 
the board of commissioners, and may be changed at any time by the board without the approval 
of the surveyor or the county highway supervisor. Eateman v. State, 214 Ind. 138, 14 N, E. (2d) 
1007 (1938). 

20 X Acts 1937; Burns, 1940 suppl., 26-521; Baldwin, 1937 suppl., 5385. 

The council's determination of emergency is not conclusive on the courts. State exrel. 
Kautz v. Board of County Comrs., 204 Ind. 484, 184 N. E. 780 (1933). 

The words "emergency growing out of a flood, fire, pestilence, war, or other major dis- 
aster" are used in Acts 1937; Burns, 1940 suppl., 61-312; Baldwin, 1937 suppl., 15897-6. 

Provisions concerning township poor relief and public welfare services. Acts 1935; Burns, 
1940 suppl., 52-174; Baldwin, 1935 suppl., 13320-31. Acts 1936 (Spec. Sess.); Burns, 1940 suppl., 
52-1303; Baldwin, 1937 suppl., 14078-1C0, O'Rourke v. Board of County Comrs., 215 Ind. 195, 18 N. 
E. (2d) 380 (1939). 

202 Acts 1919, 1920 (Spec. Sess.), 1921, 1927, 1935; Burns, 1940 suppl., 64-1331; Baldwin, 
1935 suppl.. 15735. 

203 Acts 1899, 1903, 1905; Burns 26-524; Baldwin 5388. 

04 Acts 1899; Burns 26-523; Baldwin 5387. Acts 1899, 1935; Burns, 1940 suppl., 26-522; 
Baldwin, 1935 suppl., 5386. 

5 Acts 1899; Burns 26-525, 26-527; Baldwin 5389, 5391. Opinion* of the Attorney Geneva 
of Indiana, 1939, p. 312. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 53 

TAXATION 

The power of taxation is inherent in the state, and is 
a legislative power limited only by the provisions of the 
constitution. The constitution provides* that "The General 
Assembly shall provide, by law, for a uniform and equal rate 
of assessment and taxation; and shall prescribe such regula- 
tions as shall secure a just valuation for taxation of all 
property, both real and personal, excepting such only for 
municipal, educational, literary, scientific, religious, or 
charitable purposes, as may be specially exempted bv law."" 1 
This section applies only to a general assessment on prop- 
erty according to its value, and does not apply to excise 
taxes. 208 Exemptions are discussed hereinafter. 

In Indiana there are poll taxes, excise taxes, and prop- 
erty taxes. A poll tax is a tax assessed on the person. An 
excise tax is a tax on privileges, and includes taxes on oc- 
cupations, inheritance, sale of gasoline, and the like. Laws 
imposing excise taxes are sometimes called "internal revenue 
laws." The property tax (also known as ad valorem tax) is 
the tax on real and personal property based on value, and it 
constitutes the largest part of the county revenue. Property 
may be subject to an excise tax and also a property tax. 
Excise taxes administered by county officers are discussed 
hereinafter under the heading "Excise Taxes and Licensing." 

In each township having a population not exceeding 5 s 000 
(all townships except Fairfield and Wabash), the office of 
township assessor has been abolished, and the duties of such 
office are performed by the township trustee. Reference 



But lack of appropriation does not prevent entry of a judgment binding the county, where 
the court has jurisdiction of the parties and subject matter of the action, Acts 1899; Burns 26- 
527; Baldwin 5391. Board of County Comrs. v. McGregor, 171 Ind. 634, 87 N. E. 1 (1909). 

206 State ex rel. Goodman v. Halter, 149 Ind. 292, 47 N. E. 665 (1897); Dunn v, Indian- 
apolis, 203 Ind. 630, 196 N. E. 528 (1935); Miles v. Department of Treasury, 209 Ind. 172, 199 N. 
E. 372 (1935); State ex rel. Jackson v. Middleton, 215 Ind. 219, 19 N. E. (2d) 470 (1939). "Taxa- 
tion in Indiana the Last Forty-Eight Years," Thirty-Eighth Annual Conference of the State Board of 
Tax Commissioners and County Assessors of Indiana, January 9, 10, 11, 1939 (1939), 75-89. 

207 Const. 1851, art. 10, sec. 1. 

The legislative power to exempt from taxation extends only to property "for municipal, 
education, literary, scientific, religious or charitable purposes." Stark v. Kreyling, 207 Ind. 128, 
188 N. E. 680 (1934). Opinions of the Attorney General of Indiana, 1939, p. 62. 

208 State Bd. of Tax Comrs. v. Jackson, 283 U. S. 527, 75 L. Ed, 1248, 51 Sup. Ct. 540 
(1931); Miles v. Department of Treasury, 209 Ind. 172, 199 N. E. 372 (1935); Davis v. Sexton, 210 
Ind. 138, 200 N. E. 233 (1936). 



54 TIPPECANOE COUNTY 

herein to the township assessor includes the townsbi p trustee 
performing the duties prescribed by statutes for township 

2 9 

assessors .~ u * 

A poll tax is assessed on every male inhabitant of the 
state between the ages of 21 and 50 y^ars. and every such 
person must be listed for his poll tax in the township, town, 
or city of his residence." 10 Po 1 1 tax exempt i ons are al lowed 

Oil 

volunteer firemen * and former soldiers and sailors receiving 
serviee=>eoonected disability compensation.^ Before 1919 
the board of commissioners could grant poll tax exemptions 
because of inability to pay. The auditor certifies to the 
city officials the number of taxable polls therein, " and 
adds omitted polls to the tax duplicate, 215 Poll taxes are 
collected by the county treasurer. A poll tax receipt must 
be presented to any licensing authority to obtain an occupa- 
tion license required by state law, a motor vehicle operator's 
or chauffeur's license, a motor vehicle license, or a certifi- 
cate of title for a motor vehicle. 216 

The property tax laws are administered by the township 
assessors, county assessor, auditor, treasurer, board of re- 
view, county council, and board of tax adjustment, under the 

? 1 7 

supervis ion o f the state board of tax commissioners. The 
state board of tax commissioners prescribes rules and forms 
fer the subordinate tax officials and instructs them concern- 



209 Acts 1933; Bums 64-1031; Baldwin 15664. 

Vacancy caused by death of township assessor. Opinions of the Attorney General of Indi- 
ana, 1939, p. 243. 

210 Acts 1919; Burns 64-102; Baldwin 15515. 

2 1 1 1 Rev. Stat. 1852, ch. 41, sec. 3, Acts 1933, ch. 91, sec. 1. Acts 1935, ch. 302, sec. 
1. Acts 1939; Bums, 1940 suppl., 48-6161; Baldwin, 1939 suppl., 12653-1. 

212 Acts 1923; Burns 45-1210; Baldwin 10917. Acts 1919, 1920 (Spec. Sess.), 1921, 1923, 
1937; Burns, 1940 suppl., 64-201, 64-220; Baldwin, 1937 suppl., 15518, 15515-1. 

Before 1937 exemption was granted to all militiamen, soldiers, and sailors in active serv- 
ice. Acts 1919, 1920 (Spec. Sess.). 1921, 1923; Burns 61-201; Baldwin 15518. 

2 l S 1 Rev. Stat. 1852, ch. 20, sec. 30 (repealed by Acts 1919, ch, 59. sec. 2). Opinions of 

the Attorney General of Indiana, 1936, p. 83. 

214 

215 



214 Acts 1905, 1911; Burns 48-6708; Baldwin 11516. 



Acts 1919; Burns 64-2102; Baldwin 15803. 

216 Acts 1931; Burns 42-102 to 42-105; Baldwin 10499 to 10501. 10503. 

*" Information obtained from Philip Zoercher* chairman of the state board of tax 
commissioners, on May 18, 1919, by W, Davis Hamilton. See the authorities cited hereinafter 
under specific text statements. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 55 

ing their duties."' It makes original assessments of cer- 
tain classes of property of railroads, telephone companies, 
and other public utilities, and supervises and reviews 
assessments, appropriations, and levies of the subordinate 
tax officials." 

The principal steps in property taxation, stated in th^ir 
chronological order, are assessment, budget, levy, and collec- 
tion. The assessment is the determination of what property 
is taxable and the value thereof, The budget is the appro- 
priation of money for expendi tures f or the next calendar year. 
The levy is the charging of a certain amount of taxes against 
each $100 of assessed valuation to raise the money required 
for the budget. The collection involves the voluntary pay- 
ment and also proceedings to compel payment." 

Assessment of real and personal property for cou.nty pur- 
poses also serves as the assessment for state, township, city, 

p p p 
and town purposes. ' Personal property is assessed each 



21 8 Acts 1919, 1921; Burns 64-1309, 64-2803, 64-2806; Baldwin 15713, 15866, 15869. "Revised 
Forms," Thirty-Ninth Annual Conference of the State Board of Tax Commissioners and County Assessors of 

Indiana, December 20, 21, 22, 1939 (1940), pp. 22-33, 53, 54, 102, 103. 123-139. 

2 19 

The state board of tax commissioners assesses property of the following com- 
panies: Railroad, telephone, express, telegraph, sleeping car. pipe line, car equipment (tank, 
refrigerator, freight), and "public utility" (heat, Sight, water, power, elevator, and warehouse 
service). 

In case of railroads, the state board assesses the railroad track and the rolling stock. 
Local authorities assess personal property that has a fixed location and also real estate outside of 
the property denominated "railroad track." 

The state board assesses the personal and intangible properties of the other specified com- 
panies. Their other property is assessed by local authorities. 

Car equipment companies pay a tax of 2 percent on their assessed value direct to the 
state department of treasury. 

Except as to the car equipment companies, the assessment of the state board is certified 
to the county auditor who apportions it among the several townships, towns, and cities entitled 
to a levy thereon, and places such assessments on the tax duplicate; and thereafter the tax is col- 
lected by the county treasurer. Acts 1919, 1921, 1923, 1932 (Spec. Sess.); Burns 64-703 to 64-740; 
Baldwin 15617 to 15654. "State Board Assessments," Thirty-Ninth Annual Conference of the State 
Board of Tax Commissioners and County Assessors of Indiana, December 20, 21, 22, 1939 (1940), 14-21. 

220 Acts 1919, 1920 (Spec. Sess.), 1921, 1923, 1925, 1927, 1931; Burns 64-1301 to 64-1338; 
Baldwin 15705 to 15737, 12490 to 12492, 12522, 12527. Acts 1935; Burns, 1940 suppl., 64-1313, 64-1321, 

64-1324, 64-1325, 64-1331; Baldwin, 1935 suppl., 15717, 15725, 15728, 15729, 15735. 

2 2 1 

Information obtained from Philip Zoercher, chairman of the state board of tax com- 
missioners, on May 18, 1939, by W. Davis Hamilton. 
2 2Z Acts 1919; Burns 64-2814; Baldwin 15877, 



56 TIPPECANOE COUNTY 

year as of the 1st day of March. 228 Though real estate is 
not reassessed every year (the old assessment remaining in 
effect until changed), the lien for taxes thereon dates from 
March 1. All taxable property, real and personal, is re- 
quired to be assessed at the true cash value thereof.'*' 
Since personal property and real property are assessed differ- 
ently, they will be discussed separately, beginn ing- wi th per- 
sonal property. 

Personal property must be listed for taxation between 
March 1 and May 15 each year, with reference to the quantity 
and quality owned on March 1. Each township assessor 
calls on the taxpayers and furnishes them with blanks for 
listing personal property. The taxpayer must list, under 
oath, all personal property held, possessed, or controlled by 
him, and state what he deems the true cash value of each 
item. Ordinarily the valuation of the taxpayer is accepted 
if it is in reason, but the assessor may fix a different val- 
uation. If no list is given by the taxpayer or if the as- 
sessor doubts the correctness of the list, he may examine, 
under oath, the taxpayer and other persons concerning such 
property, and set down aad assess to such person such amount 
of personal property as he may deem just. If the tax- 
payer refuses to make a return or oath required by law, the 
assessor makes a note of such refusal, and the auditor adds 
50 percent to the valuation returned by the assessor. 8 

After giving notice to the taxpayer, omitted personal 
property mav be assessed by the township assessor, ' county 
assessor, 230 auditor, 231 or board of review;" 32 and appeal 



223 Acts 1919; Burns 64-103, 64-401, 64-403; Baldwin 15516, 15524, 15526. 

224 Acts 1919, 1920 (Spec. Sess.); Burns 64-2825; Baldwin 15886. 

225 Acts 1919; Burns 64-103, 64-1009; Baldwin 15516, 15675. Acts 1937; Burns, 1940 suppl., 
64-1019b; Ealdwin. 1937 suppl., 15685-2. "Uniformity of Assessments," Thirty-Ninth Annual Confer- 
ence of the State Board of Tax Commissioner* and Comity Assessors of Indiana, Decemlcr 20, 21, 22, 19S9 
(1940), 54-85. 

226 Acts 1919; Burns 64-401; Baldwin 15524. 

227 Acts 1919; Burns 64-601 to 64-604, 64-610; Baldwin 15569 to 15572, 15578. "Revised 
Forms," Thirty-Ninth Annual Conference of the Slate Board of Tax Commissioners and County Assessors 
of Indiana, Dcccmler 20, 21, 22, 1939 (1940), 22-30, 53, 54, 102, 103, 123-139. 

228 Acts 1919; Burns 64-610; Baldwin 15578. 

229 Acts 1919; Burns 64-1025; Baldwin 15692. 

230 Acts 1919; Burns 64-1102; Baldwin 15698. 

231 Acts 1919; Burns 64-1402, 64-2102; Baldwin 15739, 15803. 

232 Acts 1919, 1920 (Spec. Sess.); Burns 64-1201; Baldwin 15700. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 57 

from such assessment may be taken to the circuit court, on 
the question of whether such omitted property is taxable. 

The county assessor advises and instructs all township 
assessors in the county; and for this purpose visits each 
township assessor during March and April each year. The 
county assessor endeavors to cause uniformity and equality 
of assessment by the several township assessors. The county 
assessor and the township assessors may be removed by the 
state board of tax commissioners for incompetency or neglect 
of duty. 234 

The board of review, after giving 2 weeks' notice, meets 
on the 1st Monday in June each year. The board reviews the 
assessment of personal property, hears complaints of owners, 
reduces or increases valuations, equalizes valuations, cor- 
rects and complete the tax lists, and assesses omitted prop- 
erty. Notice must be given hy the auditor to the owner be- 
fore the board of review assesses omitted property or raises 

OOr 

valuations." Any person dissatisfied with the decision of 

the board of review may appeal to the state board of tax com- 
missioners. Hearings on such appeals are, when possible, 
held in the auditor's office in the county from which the 
appeal was taken. The amount fixed bv the state board is 
t^e^l4d i a4^"^^SW-S«S»»'OtJ' i £0fcosai<ch^ &*<*%)&&&$**? ?T, 6 u*na i .&a^ ,it»*z^o& qtlu % moia 
The -county auditor, on or before March ]»oo&A£jfc ^$1$ ?W 
makes out and delivers to the township assessors lists of 
lands entered on the tax duplicates of the previous year, 
with notations thereon showing all transfers made subsequent 
to the duplicate and nil new entries of land not previously 

2 3 7 

entered for taxation. 

The auditor makes plats of the several townships show- 
ing ownership, improvements, and assessed valuation of the 
parcels of real estate therein. The township assessors write 
on such plats the ownership and value of each plot of ground 
and the improvements thereon, and the plat is kept up with 



288 Acts 1919, 1927; Burns 64-2103; Baldwin 15804. 

This statement of the scope of the appeal was suggested by Philip Zoercher, chairman of 

e board of tax commissioners. 

284 Acts 1919, 1921; Burns 64-1001, 64-1102; Baldwin 15666, 15698. 

Death of township assessor. Opinions of the Attorney General of Indiana. 1939, p. 243. 

^ 8 5 Acts 1919, 1920 (Spec. Sess.); Burns 64-1201; Baldwin 15700, 



2 86 . Acts 1919, 1935; Burns, 1940 suppl., 64-1321; Baldwin, 1935 suppl., 15725. State board 
of tax commissioners, tax rule 6. 

287 Acts 1919, 1937; Burns, 1940 suppl., 64-1007; Baldwin, 1937 suppl., 15672. 



58 TIPPECANOE COUNTY 



all .current transac t i ons and trans fers . 2 " c For taxation pur- 
poses, the auditor keeps a transfer book, arranged by town- 
ships, cities, and towns, showing description of all lands 
conveyed by deed or partition, names of parties, and post- 
office addresses of grantees. 289 On the death of a land- 
owner, the heir or devisee may have the auditor make an entry 
on the tax duplicate to show the change of ownership. 240 

Each township assessor is required to call on every per- 
son residing in his township for a list of lands owned by such 
person in such township subject to taxation. The improvements 
on such land should be described, and any change of improve- 
ments since March 1 of the previous year should be stated. 
If such person fails to furnish such list within 5 days after 
being called on, as notified to do, the assessor may make 
the list according to the best information he can obtain, and 
the auditor must add 25 percent to the assessor's valuation 
of such person's lands or improvements which were not assessed 
for taxation the previous year. On or before the 1st Monday 
in June in each year, the assessor must make out and deliver 
to the auditor, in a book furnished by him, a return of all 
real estate so listed. 24 

Reassessment of lots, lands, or improvements can be made 
only when authorized by the state board of tax commissioners. 
If improvements are destroyed or removed, or if the value of 
improvements is reduced by substantial changes, the taxpayer 
should apply to the state board for an order for reassessment, 
since the local officials cannot remove improvements from 
the tax lists and books or reduce the assessment of improve- 
ments without such order for reassessment. The assessments 
mentioned in the next paragraph below may be made without 
an order from the state board. The last general reassessment 
of real estate in Indiana was made in 1932. 



242 



238 nu. 

239 Acts 1919; Burns 64-1409; Baldwin 15746. 

240 Acts 1921; Burns 64-519; Baldwin 14777. 

241 Acts 1919; Burns 64-1008, 64-1009, 64-1013, 64-1015, 64-1016; Baldwin 15674, 15675, 15679, 
15631, 15682. "Revised Forms," Thirty-Ninth Annual Conference of the State Board of Tax Commissioner? 
and County Assessors of Indiana, Dceemoer 20, 21, 22, 1939 (1940), 22-30, 53, 54, 102, 103, 123-139. Se« 
the following footnote. 

242 Acts 1919, 1925, 1927, 1935, 1937; Burns, 1940 supph, 64-1019; Baldwin, 1937 suppl., 
15685. "Uniformity of Assessments," Thirty-Ninth Annual Conference of the State Board of Tax Commis- 
sioners and County Assessors of Indiana, December 20, 21, 22, 1939 (1940), 54-85. Information obtained 
from Philip Zoercher, chairman of the state board of tax commissioners, on March 29, 1940, by 
W. Davis Hamilton. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 59 

Each person authorised to m a k e assess m e n t valuations 
of real estate for taxation is charged with the duty of cor- 
recting tax book errors as to description of property and 
name of owner, A notation is made showing any change of 
ownership since the last assessment. Each township asses- 
sor, after giving notice to the occupant of the property or 
the resident of the county claiming ownership, each year 
assesses any lots, lands, or improvements found omitted, and 
makes a return thereof to the auditor as of the year when 
vhe same should neve hee^ first assessed. The 2ounty 
assessor, . auditor,""" and board of review also have 
power to assess such omitted property after giving notice. 
The auditor makes assessment of any newly platted additions 

? 4 7 

to any city or town. Such assessments by the township 
assessors, county assessor, and auditor may be reviewed and 
revised at the next meeting of the board of review. u The 
decision of the hoard of review in reviewing such assessments 
or in making original assessments of omitted lots, lands, or 
improvements may be reviewed by the state hoard of tax com- 
missioners in the manner provided for review of decisions 
concerning personal property, discussed above. From uny 
assessment of omitted lots, lands, or improvements, appeal 
may be taken to the circuit court on the question of such 
property's taxability. 250 

In case of flood, fire, or other disaster in which a sub- 
stantial amount of property in any township has been partial- 
ly or totally destroyed, the state board of tax commission- 
ers must order a survey, determine the locality in which the 
property has been partially or totally destroyed, and order re- 
assessment of all or part of the property in such township. 

243 Acts 1919, 1925, 1927, 1935 s 1937; Burns, 1940 suppl., 64-1019; Baldwin, 1937 suppl., 
15685. Acts 1919; Burns 64-1025; Baldwin 15692. 

244 Acts 1919; Bums 64-1102; Baldwin 15698. 

24 5 Acts 1919; Burns 64-1402, 64-2102; Baldwin 15739, 15803. 
2d6 Acts 1919, 1920 (Spec. Sess.); Burns 64-1201; Baldwin 15700. 

247 Acts 1919; Burns 64-1027; Baldwin 15691. 

248 Acts 1919, 1920 (Spec. Sess.); Burns 64-1201, 64-1205; Baldwin 15700, 15704. 

249 Acts 1919, 1935; Burns, 1940 suppl., 64-1321; Baldwin, 1935 suppl., 15725, State board 
of tax commissioners, tax rule 6. 

250 Acts 1919, 1927; Burns 64-2103; Baldwin 15804. 

This statement of the scope of the appeal was suggested by Philip Zoercher, chairman of 
the state board of tax commissioners. 

251 Acts 1919, 1925, 1927, 1935, 1937; Burns, 1940 suppl., 644019(c); Baldwin, 1937 suppl., 
15685(c). 



60 TIPPECANOE COUNTY 

The state board, after March 31 of a year in which a 
general election is not held, may, without petition of tax- 
payers, order a hearing on the necessity of reassessment for 
the whole state or for any of the counties or townships there- 
of. A hearing is held after notice thereof, in each county 
in which the affected property is located. The board may 
then order reassessment. 252 

Any person may, before March 31 in any year, file with 
the state board of tax commissioners a petition for reassess- 
ment of his real estate. At the hearing, the petitioner must 
show cause for reassessment. Other taxpayers may be heard 
in opposition. The board may then order the requested re- 
assessment. This is the only method for obtaining reassess- 
ment of particular real estate. 

A petition for reassessment of all real estate in a town- 
ship, signed by the necessary percentage"! t varies in differ- 
ent townships— of the resident owners of taxable real estate 
of such township and bearing a certificate of the auditor 
as to the required number of signers, may be filed with the 
state board of tax commissioners before March 31, in any 
year in which there is no general election of state, county, 
or township officials. If it appears to the board that the 
petition is in proper order and that the present valuation 
is inequitable, the board will order reassessment of all or 
part of the real estate in the township. 254 

Within 10 days after the valuation of real or personal 
property is determined by the board of review or state board 
of tax commissioners, the owner may appeal to the circuit 
court on questions of law concerning such valuation, 256 

There are a great many statutory provisions concerning 
exemptions from property taxes, and space will permit only 
a brief discussion thereof . The following property is exempt 
from property taxes: Property of the United States and the 
State of Indiana; property of any county, city, town, or 
township; lands granted for the use of the common schools; 
real and personal property (including dormitories) actually 



252 Acts 1919, 1925, 1927, 1935, 1937; Burns, 1940 suppl., 64- 1019(b); Baldwin, 1937 suppl., 
15685(b). 

2 5 S Acts 1919, 1925, 1927, 1935, 1937; Burns. 1940 suppl., 64-l019(d); Baldwin, 1937 suppl., 
15685(d). 

254 Acts 1919, 1925, 1927, 1935, 1937; Burns, 1940 suppl., 644019(a); Baldwin, 1937 suppl., 
15685(a). 

255 Acts 1927; Burns 64-1020; Baldwin 15686. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 61 

used by schools and colleges; property used (or devised to 
be used) exclusively for educational, literary, scientific, 
religious, or charitable purposes; property of agricultural 
associations, cemetery associations, and soldiers 7 and sail- 
ors' memorial associations; property of the American Legion, 
Young Men's Christian Association, Knights of Columbus, and 
similar associations; p r o p e r t y of f r a t e r n a 1 be n e f i c i a r y asso- 
ciations, college fraternities, and college sororities; his- 
torical sit e s maintained for n o n p r o f i t p u b 1 i c exhibit! o n ; 
property used exclusively for the purpose of a public library; 
property owned and used exclusively by the Indiana National 
Guard or other military organization for armory purposes; 
bonds and notes issued by any municipality or taxing district 
o f t h e s t a t e for certain p u r p o s e s ; and certain annuities p a y - 
able by religious or charitable organisations." Sworn state- 
ments must be filed with the auditor on or before the 1st 
dav of M arch e a c h y ear to obtain e x eruptions & f proper t y other 
than the following: Property owned by the State of Indiana, 
the United States, municipal corporations, and political sub- 
divisions of the state; and property owned and used by churches, 
state-accredited schools, state-accredited charitable i n § t i - 
tutions, ho"pi tal s, and college f ra tern-i t i es and sororities. 257 
Any Indiana resident owning real estate encumbered by a 
mortgage may have the amount of the mortgage existing and 
unpaid on the 1st day of March, not exceeding $1,000 and not 
exceeding one-half of the assessed valuation, deducted from 
the assessed valuation for that year, by filing with the audi- 
tor between the 1st day of March and the 1st Monday in May 
a sworn statement in the form required by lav/. 2 



25 6 Acts 1919, 1920 (Spec. Seas.), 1921, 1923, 1937; Burns, 1940 suppl., 64-201; Baldwin, 
1937 suppl., 15518. 

Property of cities and towns. Acts 1939; Burns, 1940 suppl., 64-221; Baldwin, 1939 suppl., 
15518-5. Opinions of the Attorney General of Indiana, 1929, p. 62. 

Municipally-owned utility is taxable to the extent it is used in a proprietary capacity. 
Borgman v. Fort Wayne, 215 Ind. 201, 18 N. E. (2d) 762 (1939). 

Farms operated by colleges and hospitals. Opinions of the Attorney General of Indiana, 
1939. P, 146. 

Bridge across Ohio River. Ibid., p. 294. 

Totally disabled soldiers, sailors, marines, and nurses, and the widows of such soldiers, 
sailors, or marines. Acts 1927; Burns 64-205 to 64-207; Baldwin 10PS6 to 10938. 

25 7 Acts 1937; Burns, 1940 suppl. , 64-213, 64-215; Baldwin, 1937 suppl., 15513-2, 15518-4. 

253 Acts 1919, 1939; Burns, 1949 suppl., 64-209 to 64-211; Baldwin, 1939 suppl,, 15565 to 
15567. Opinions of the Attorney General of Indiana, 1939, p. 123. "Mortgage Deductions," Thirty-Eighth 



62 TIPPECANOE COUNTY 

The county auditor, not later than September 1 each 
year, apportions the final assessment of real and personal 
property among the several taxing units of the county and 
certifies the same to the county, townships, cities, and 
towns for the purpose of making tax levies based thereon. 

The county council, at its annual meeting in August, 
adopts a budget, establishes the tax rate, and makes tax lev- 
ies for the succeeding calendar year. The auditor then sched- 
ules the rates for the several municipal corporations in the 
county, verifies the figures and calculations, and reports 
the levies to the state board of tax commissioners. 

Appeal from the action of the county council may be 
taken to the state board of tax commissioners. That board, 
after hearing the objections, may affirm or decrease the 
total tax levy on any item thereof. The decision of the 
board, which is final and conclusive "with respect to said 
levies and such parts thereof as may have been in question," 
is certified to the auditor, and the auditor certifies it to 
the taxing units interested therein. When the state board 
orders a reduction in the levy, it indicates the items in 
the budget affected by such reduction; and this limits the 
expenditures for the year, except in cases of extraordinary 
emergency. 261 

The laws discussed in the next four paragraphs do not 
apply to levies and rates to meet the following liabilities: 
(a) Funding, refunding, or judgment funding obligations; (b) 
"outstanding obligations"; (c) judgments; (d) obligations is- 
sued to meet emergency growing out of flood, fire, pestilence, 
war, or other major disaster; (e) obligations issued on peti- 
tion under this act; or (f) requirements of the county we 1 fare 
fund for public welfare services. It is the duty of the county 
council to levjr an amount sufficient to meet such purposes, 
regardless of any statutory provisions to the contrary.^ 6 " 



Annual Conference of the State Board of Tax Commissioners and County Assessors of Indiana, January 9, 
10, 11, 1939 (1939), 64-74. 

Under the 1919 act the owner was not required to be a resident of Indiana in order to ob- 
tain a mortgage exemption. Acts 1919; Burns 64-209; Baldwin 15565. 

259 Acts 1919, 1920 (Spec. Sess.); Burns 64-1329; Baldwin 15733. 

260 Acts 1889; Burns 26-516 to 26-520; Baldwin 5380 to 5384. Acts 1920 (Spec. Sess.); Burns 
64-1329; Baldwin 15733. Acts 1919; Burns 64-1330; Baldwin 15734. Acts 1919, 1920 (Spec. Sess.). 
1921, 1927, 1935; Burns, 1940 suppl., 64-1331, 64-1339; Baldwin, 1935 suppl,, 15735, 15737-1, 

25 1 Acts 1919, 1920 (Spec. Sess.), 1921, 1927, 1935; Burns, 1940 suppl., 64-1331; Baldwin 
1935 suppl., 15735. 

262 Acts 1937; Burns, 1940 suppl., 64-312, 64-313; Baldwin, 1937 suppl., 15897-6, 15897-7. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM. 63 

Except on authorization of the state board of tax commis- 
sioners, the total tax rate for all purposes other than those 
stated i n t h e preceding paragraph cannot exceed $1.25 on each 
$ 1 of taxable property outside incorporated cities ana tow n s 
or $ 2 on each $ 1 of taxable property inside incorporate d 

2 6 3 

cities and towns. 

At least 2 days before the 2d Monday in September, each 
municipal corporation 264 of the county files with the county 
auditor a statement of the tax levies and rates for the ensuing 
year, fixed by such municipal corporation, and at least two 
copies of the budgets on which such levies are based. 
The board of tax adjustment meets on the 2d Monday of Sep- 
tember each year. At that meeting the auditor lays before 
the board' these budgets, tax levies, and rates. 66 It is 
the duty of the board of tax adjustment to examine, revise, 
change, or reduce (but not increase) any budget, tax levy, 
or rate, and to hold such budget within the total amount 
of revenue to be raised therefor fro m a n y source whatever. 
Any changes in budgets must be with respect to the total 
amounts budgeted for each office, and not the detailed items 
included in such budgeted classifications. While the board 
of tax adjustment endeavors to keep the rates within the 
limits above stated, if it decides that such rates are inade- 
quate, it certifies to the state board of tax commissioners 
its analysis and recommendations together with such data and 
facts as may be deemed essential to review. The state board 
(proceeding according to the provisions governing appeals) 
then reviews the budgets and may authorize rates beyond the 
said limits." 

If the board of tax adjustment does not complete its 
duties before October 2 , or fails to reduce the aggregate 
amount of the levies and rates to the statutory 1 imi ts afore- 
said ($2 per $100 in cities and towns and $1.25 per $100 in 
other places), then the auditor calculates and fixes the 
rates, so that the total tax rate on property within any mu- 
nicipal corporation does not exceed said limits, and certifies 



263 Acts 1937; Burns, 1940 suppl., 64 309; Baldwin, 1937 suppl., 15897-3. 

The term "municipal corporation" includes counties, townships, cities, towns, school 
districts, sanitary districts, park districts, and all taxing units within the state. Acts 1937; Burns, 
1940 suppl.. 64-308; Baldwin, 1937 suppl., 15897-2. 

265 Acts 1937; Burns, 1940 suppl., 64-311; Baldwin, 1937 suppl., 15S97-5. 

266 Acts 1937; Burns, 1940 suppl., 61-310; Baldwin, 1937 suppl., 15897-4. 

267 Acts 1937; Burns, 1940 suppl., 64-311; Baldwin, 1937 suppl., 15897-5. 



64 TIPPECANOE COUNTY 

his. action to each municipal corporation before October 
6. Appeal to the state board of tax commissioners may be 
taken before October 16 by the municipal corporation or by 
10 or more taxpayers. On the hearing of such appeals, the 
state board "may revise, change, or increase" the levy and 
rate in respect to total amounts budgeted by each office or 
department, but not as to detailed items. The levy and rate 
must be kept within the limit originally fixed by the munic- 
ipal corporation. The state board certifies its decision 
to the county auditor before December 1, if possible. The 
budget, levy, and rate thereby fixed are final. 268 

After the budget, levy, and rate for each municipal 
corporation have been finally fixed and determined, as afore- 
said, the appropriating body of each municipal corporation 
allocates the funds to be derived from such levy in such man- 
ner that the expenditures for the ensuing year will remain 
within the limitations as finally fixed in the manner stated 
in the two preceding paragraphs. 269 

If the county council determines that an emergency ex- 
ists requiring expenditures for the current year not author- 
ized by the budget as originally established, or as modified 
by the state board of tax commissioners, the council may 
make an additional appropriation and levy. The auditor then 
certifies the matter to the state board, and its decision 
thereon is final and conclusive. 

Between the 1st Monday in July and the last day of De- 
cember, the auditor makes out and delivers to the treasurer 
a roll of taxes known and designated as the "tax duplicate." 
This contains several columns, and shows the names of tax- 
payers in alphabetical order, lands and improvements, mort- 
gage deductions, corporate stock, personal property, valua- 
tions, poll taxes, assessments of omitted property, land trans- 
fers since the last assessment, and all alterations in the 
assessment lists made by the board of review or the state 
board of tax commissioners. He numbers each original town- 
ship, city, and town in regular progression, as the same 
shall stand entered on the duplicate, retaining the same num- 
ber from year to year. On or before January 1 he delivers 



268 Acts 1937; Burns, 1940 suppl.. 64-311, 64-314; Baldwin, 1937 suppl., 15897-5, 15897-8. 

269 Acts 1937; Burns, 1940 suppl., 64-315; Baldwin, 1937 suppl., 15897-9. 

270 Acts 1899, 1907, 1913, 1937; Burns, 1940 suppl., 26-521; Baldv/in, 1937 suppl., 5385. 
Acts 1919, 1920 (Spec. Sess.), 1921, 1927, 1935; Burns, 1940 suppl., 64-1331; Baldwin, 1935 suppl., 
15735. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 65 

to the auditor of state a complete abstract of all property 
listed in each township, city, and town, showing valuations, 
mortgage deductions, number of polls, the amount of each 
kind of tax, the aggregate thereof is the county, and the 
rate of each kind assessed. A copy of the abstract is de- 
livered to the treasurer, and another copy is kept by the 
county auditor. 7 

Property taxes for state, county, township, city, and 
town purposes are payable to the county treasurer in two 
equal instalments on or before the 1st Monday in May and the 
1st Monday in November, respectively, in the year following 
the year for which the property was assessed. If any instal- 
ment is not paid when it becomes due. such instalment becomes 
delinquent, and a penalty of 8 percent of such instalment is 
added. An additional penalty of 5 percent is added to any 
tax for each year the tax remains unpaid after the 1st Monday 

? 7 P 

in November of the year in which the delinquency accrued. J 

It is the duty of the county treasurer to collect all 
such property taxes after they become delinquent. He may 
levy on personal property at any time after the tax becomes 
delinquent, or before delinquency if he has good reason to 
believe the taxpayer is about to leave the county without 
payment, and sell the same after 10 days' notice of the time 
and place of sale. Suit in the name of the treasurer may be 
brought by the prosecuting attorney to collect taxes. Real 
estate may be sold at a tax sale, on the 2d Monday in April, 
after advertisement, but not until 15 months have elapsed 
since delinquency. The purchaser of real estate at a tax sale 
receives from the auditor a tax certificate which describes 
the realty, states the amount paid by the purchaser, and states 
when a tax deed (t© b© executed by the auditor) may be ob- 
tained by the holder of the certificate. 278 

271 Acts 1919; Burns 64-1403, C4-1408; Baldwin 15740, 15745. 

272 Acts 1919; Burns 64-1502; Baldwin 15748, Acts 1932 (Spec. Sess.); Burns 64-1508; Bald- 
win 15751. Acts 1935; Bums, 1940 supph, 64-1542, 64-1544; Baldwin, 1935 suppl., 15765-1, 15765-3. 

273 Acts 1932 (Spec. Sess.); Burns 64-1509, 64-1511; Baldwin 15752, 15754. Acts 1919, 1931; 
Burns 64-1518, 64-1701 to 64-1705, 64-2001, 64-2201, 64-2203 to 64-2211; Baldwin 15772, 15778 to 15782, 
15794, 15806, 15808 to 15818. Acts 1919, 1931, 1937; Burns, 1940 suppl., 64-2202; Baldwin, 1937 suppl., 
15807. 

If a delinquent taxpayer has in the county personalty which is liable to pay his taxes, 
he may enjoin the sale of his realty for such delinquent taxes until such personalty is exhausted. 
Bland v. Union Cent. Life Ins. Co., 209 Ind. 84, 198 N. E. 78 (1935); Weaver v. Kauffmaa, 57 Ind. 
App. 59, 106 N. E. 398 (1914). 



66 TIPPECANOE COUNTY 

The owner or occupant of any land sold for taxes, or any 
other person having an interest therein, may redeem the same 
at any time within 2 years after the sale and at any time 
thereafter before a tax deed is issued. Such deed may be 
issued by the auditor at any time between 2 and 4 years after 
the tax sale. The redeemer must pay to the treasurer the 
amount of the taxes and penalties for which the property was 
sold (as shown in the tax certificate), plus a penalty based 
on a percentage of such amount (10 percent if redeemed with- 
in 6 months after the sale, 15 percent if redeemed 6 months 
to 1 year after the sale, or 25 percent if redeemed more 
than 1 year after the sale), plus the cost of the tax sale, 
plus any subsequent taxes paid by the certificate holder, 
plus interest on such subsequent taxes at the rate of 6 per- 
cent per annum. No interest on such subsequent taxes ean 
accrue later than 2% years after the tax sale. The money 
so received by the treasurer is paid by him to the holder of 
the redeemed tax certificate. 7 

Ordinarily real estate cannot be sold at a tax sale for 
less than the amount of the taxes under which the sale is 
made, plus penalties, interest, and the pro rata share of 
costs of sale, and such sale is made subject to all other 
taxes. Where real estate has been twice offered for sale at 
separate public tax sales and no sufficient bid as aforesaid 
has been made, the property will be sold at a later public 
tax sale to the highest bidder for cash (without minimum 
limitation); and in such case where the aggregate amount of 
all delinquent taxes equals or exceeds the last assessed valu- 
ation of the real estate, the successful bidder is entitled 
to receive immediately a tax deed conveying the property 
free and clear of all taxes which became delinquent at least 
15 months before the last sale. 75 



"Taxes are not a lien upon personal property. They are the personal obligation of the 
taxpayer, and become a lien only when the property is levied upon. The lien created by the levy 
is like the lien created by a levy upon execution. It is junior and inferior to prior existing liens." 
Held that a purchaser of personalty at a tax sale took title subject to a chattel mortgage recorded 
before the seizure to satisfy the tax. Voigt v. Ludlow Typograph Co.. 213 Ind. 329, 12 N. E. (2d) 
499 (1938). 

274 Acts 1919, 1931; Burns 64-2301, 64-2401, 64-2403; Baldwin 15819, 15832, 15811. Informa- 
tion obtained from E. P. Brennan, state examiner, on January 22, 1940, by W. Davis Hamilton. 

Infants, idiots, and insane persons may redeem their lands within 2 years after expiration 
of disability. Acts 1919; Burns 61-2302; Baldwin 15820. 

275 Acts 1932 (Spec. Sess.); Burns 64-1509; Baldwin 15752. Acts 1919; Burns 64-1516, 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 67 

Excise Taxes and Licensing 

The tax on financial institutions is an excise tax 
(in lieu of all other taxes) on banks, trust companies, and 
building and loan associations. It is administered by the 
county auditor and treasurer under the supervision of the 
state board of tax commissioners. 

The inheritance tax is an excise tax administered by the 
county assessor and treasurer, under the supervision of the 
state board of tax commissioners, and by the circuit court. 
A schedule must be filed with the court within 12 months 
after the decedent's death. Notice is given to the interested 
parties, the estate is appraised, and the court determines 
the amount of tax due. The court appoints the county assessor 
to a c t a s the appraiser in every estate; and he appraises all 
property at the fair market value, as of the date of the trans- 
fer. The appraiser makes his report in duplicate, one 
copy to the court and one to the state board of tax commis- 
sioners." The treasurer collects the tax and issues a re- 
ceipt in duplicate, one copy of which is sent to the state 
board; and do final accounting of an estate is made until 
such receipt is countersigned by that board, 2 The county- 
treasurer must report quarterly to the and! tor of state all 
inheritance taxes received by him. All such collected taxes 
are transmitted by the county treasurer, through a warrant 
issued by the county auditor, to the treasurer of state." 1 
When directed by the court t© do so, the prosecuting attorney 

2 8? 

sues to collect the tax." 

The intangible tax 28 is a stamp tax on notes, stocks, 



64-2204; Baldwin 15759, 15809, Acts 1919, 1931, 1937; Burns, 1940 suppl., 64-2202; Baldwin, 1937 suppl,, 
15807. Opinions of the Attorney General of Indiana, 1938, p. 255; 1939, p. 211. 

276 Lutz v. Arnold, 208 Ind. 480, 193 N. E. 810 (1935). 

277 Acts 1933; Burns 64=801 to 61-834; Baldwin 15582 to 15615. Opinions of the Attorney Gen- 
eral of Indiana, 1939, p. 252, 

278 Acts 1931, 1933; Burns 6-2408; Baldwin 15946. Acts 1931, 1933, 1937; Burns, 1940 suppl., 
6-2407; Baldwin. 1S37 suppl,, 15945. Opinions of the Attorney General of Indiana, 1939, p. 326. "In- 
heritance Tax," Thirty-Ninth Annual Conference of the State Board of Tax Commissioners and County As- 
sessors of Indiana, December 20, 21, 22, 1939 (1940), 32-39. 

279 Acts 1931; Burns 6-2410; Baldwin 15948. 

280 Acts 1931; Burns 6-2413; Baldwin 15951. 

281 Acts 1931; Burns 6-2414; Baldwin 15952. 

Refunds of inheritance taxes. Opinions of the Attorney General of Indiana, 1939, p. 88. 

282 Acts 1931; Burns 6-2415; Baldwin 15953. 

288 The intangible tax is an excise tax. Lutz v. Arnold, 208 Ind. 480, 193 N. E. 840 
(1935). 



68 TIPPECANOE COUNTY 

bonds, and other evidences of property interests or obligations 
for payment of money. This tax is administered by the county 
assessor 284 and treasurer, under the supervision of the state 
board of tax commissioners. Stamps are issued by the state 
board and sold by the county treasurer. The taxpayer is 
required to file with his tangible personal property schedule 
an af fidavi t showing that he has complied with the intangible 
tax law. 8e If the tax is not paid when due, it is entered 
on the tax duplicate ©f the county where the taxpayer resides 
or his property is located, in the manner, in which omitted 
property is assessed for property taxes, and becomes a lien 
upon all property of the taxpayer in the county. 8 ' Suit for 
collection may be brought by the prosecuting attorney or the 

pop 

attorney general . 

The excise tax on dogs and dog kennels is administered 
by the township assessors and the county auditor. After 
making assessment of personal property for property taxes 
each township assessor makes inquiry concerning dogs and 
kennels, collects the excise tax thereon for the ensuing year, 
and issues licenses and receipts. The county auditor col- 
lects the tax and issues licenses and receipts if the town- 
ship assessor fails to do so. The money so collected con- 
stitutes a fund known as the "dog fund," and is used to pay 
for damage to or loss of livestock caused by dogs or rabies. 
Dog funds exceeding $100, over and above all warrants drawn 
on the same, in any township on the 1st Monday in March are 
transferred on the following Monday to townships in which 
the dog fund is less than the warrants drawn thereon. 90 



284 Acts 1933; Burns 64-917; Baldwin 15915. Acts 1933, 1935; Burns, 1940 suppl., 64-906; 
Baldwin, 1935 suppl., 15904, "Valuation of Intangibles," Thirty-Ninth Annual Conference of the State 
Board of Tax Commissioners and County Assessors of Indiana, December 20, 21 , 22, 1939 (1940), 39-53. 

Mortgage which does not create a personal liability is subject to intangible tax. Opinions 
of the Attorney General of Indiana, 1939, p. 222. 

285 Acts 1933; Burns 64-924. 64-927; Baldwin 15922, 15925. 

286 Acts 1933; Burns 64-918; Baldwin 15916. 

287 Acts 1933, 1935; Burns, 1940 suppl., 64-915; Baldwin. 1935 suppl., 15913. 

Actions on documents on which tax has not been paid. 106 Ind. App. 61, 17 N. E. (2d) 
870 (1938); Davia v. Bankers Trust Co., 106 Ind. App. 422, 20 N. E. (2d) 686 (1939). 

288 Acts 1933; Burns 64-921; Baldwin 15919. 

289 Acts 1937; Bums, 1940 suppl., 16-317; Baldwin, 1937 suppl., 3811-1. 

290 Acts 1937; Burns, 1940 suppl., 16-324 to 16-326; Baldwin, 1937 suppl.. 3811-8 to 3811-10. 
Dog tax is for protection of property, not to provide revenue for public purposes. Excess 

funds in the county must be paid to the auditor of state in accordance with the 1937 law, not to 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 69 

Thf clerk of the circuit court issues licenses for mar- 
riages, 291 physicians, surgeons, 292 midwives, 29S osteo- 
paths, 294 chiropractors, drugless healers, dentists," 
optometrists, 297 hunting, trapping, fishing," 9 poultry 



dealers, 299 and junk dealers. 80 He registers certificates 
of trained nurses. Formerly he issued liquor licenses, 

brokers' licenses, S0S licenses for veterinarians, 804 stal- 



schools under the 1S29 lav/. Finerty v. State ex rel. School City of Gary, 213 Ind. 470, 12 N. E. 
(2d) 941 (1938). 

291 Rev. Stat. 183S, ch. 68, sec, 3. Rev, Stat, 1843, ch. 35. sees, 8, 9, 12. 1 Rev. Stat. 
1852, Acts 1939; Burns, 1940 suppl., 44-201; Baldwin, 1939 suppl., 5622. 

The judge of the circuit court may waive certain provisions of the law requiring labora 
tory tests and medical certificates. Acts 1939; Burns, 1940 suppl, , 44-213; Baldwin, 1939 supply 
5624-1. 

Injunction to prevent illegal issuance of license. Sweigart v, State, 213 Ind, 157, 12 N. 
E. (2d) 134 (1938). 

Common-law marriage. Young v. General Baking Co., 104 Ind. App, 658, 12 N. E. (2d) 
1016 (1938). 

Ratification of void ceremonial marriage by living together after removal of disability 
of party. Eddington v. Eddington, 213 Ind. 347, 12 N. E. (2d) 758 (1938). 

292 Acts 1881, ch. 19, sees, 10, 11. Acts 1885 (Spec, Sess.), ch. 77, sec 2 (repealed by 
Acts 1897, ch, 169, sec, 10). Acts 1897; Burns 63-1303; Baldwin 10705. 

298 Acts 1897; Burns 63-1309; Baldwin 10709. 

294 Acts 1901; Burns 63-1316; Baldwin 10716, 

295 Acts 1927; Burns 63-1312; Baldwin 10713. 

296 Acts 1899, ch. 211, sees. 5, 7-11. Acts 1913, 1931, 1935; Burns, 1940 suppi., 63-504; 
Baldwin, 1935 suppl., 5589. Acts 1913, 1931; Burns 63-506, 63-507; Baldwin 5591, 5592. 

297 Acts 1907; Burns 63-1009; Baldwin 13180. Acts 1907, 1935; Burns, 1940 suppl., 63-1010, 
63-1011; Baldwin, 1935 suppl., 13181, 13182. 

298 Acts 1901, ch, 203, sec, 13, Acts 1907, ch. 216, sec, 9, Acts 1911, ch, 286, sees. 1, 2. 
Acts 1927, 1933; Burns 11=302, 11-310; Baldwin 8302, S30S. Acts 1937; Burns, 1940 suppl,, 8229-3. 

The cited sections of the acts of 1301, 1911, 1927, and 1933 were repealed by Acts 1937, ch. 
21, sec. 161. 

299 Acts 1917., 1929, 1932 (Spec. Sess.); Burns 42-802; Baldwin 10486. 
800 Acts 1905; Burns 42-703; Baldwin 10462, 

8 ° 1 Acts 1905, 1913, 1931; Burns 63-903; Baldwin 13036. 

3 2 

This duty existed from the organization of the county until 1841 and from 1917 to 

1933. Acts 1816-17, ch. 15, sec, 6. Acts 1817-18 (general), ch. 47, sees. 1, 2, Acts 1820-21, ch. 36, 

sees. 1, 2, Rev. L. 1824, ch, 15, sec, 5; ch. 16, sec, 6, Rev. L. 1831, ch. 20, sec. 6. Rev. Stat. 

1838, ch. 21, sec. 6; ch. 105, sees. 1-10. Acts 1840-41 (general), ch. 2, sees. 8, 54. Acts 1917, ch. 4, 

sees. 6, 7, 12. Acts 1925, ch. 48, sees. 10, 11. Acts 1933, ch. 79, sec. 1. 

308 Acts 184041 (general), ch, 5, sec. 18. 

804 Acts 1901, ch. 189, sec, 7 (repealed by Acts 1905, ch. 98, sec, 17). 



70 TIPPECANOE COUNTY 



305 Acts 1859, ch. 116, sec. 1 (superseded by Acts 1913, ch. 28, creating the stallion en- 
rollment board). 

806 Acts 1913, ch. 167, sees, 1-4 (repealed by Acts 1917, ch. 125, sec. 6). 
7 Acts 1901, ch. 180, sec. 1. Acts 1903, ch. 66, sec. 1. Acts 1865, 1877, 1899; Burns 
39-1701; Baldwin 9567. All of these laws were repealed by Acts 1935, ch. 162, sec. 276. 

808 Acts 1913, ch. 167, sec, 1 (repealed by Acts 1917, ch. 125, sec. 6). Acts 1925, 1929; 
Burns 10-4721, 10 4723, 10-4725; Baldwin 2557, 2559, 2561 (all repealed by Acts 1935, ch. 63, sec. 2l). 
Acts 1935, 1937; Burns, 1940 suppl., 10-4738; Baldwin, 1937 suppl., 2569-5. Opinions of the Attorney 
General of Indiana, 1937, p. 242. 

809 Acts 1935, 1937; Burns, 1940 suppl., 10-4742; Baldwin, 1937 suppl., 2569-9. 

Forms for these licenses are prescribed by the superintendent of the state police. Ibid, 

810 Acts 1917, 1937; Burns, 1940 suppl., 42-201; Baldwin, 1937 suppl., 10443. 1 Rev. Stat. 
1852; Burns 42-204; Baldwin 10447. Acts 1901; Burns 42-502, 42-503; Baldwin 10470-1, 10471. Acts 
1895; Burns 42-510; Baldwin 10478. 

811 Acts 1901; Burns 42-402; Baldwin 10491. 

The auditor keeps a record of such licenses in a book provided for that purpose, and it 
is open for public inspection. Hid. 

812 Acts 1875, 1879 (Spec. Sess.); Burns 67-201; Baldwin 16206. 

8 l 8 Rev. Stat. 1838, ch. 41, sees. 1-4, 8, 11. Acts 1840-41 (general), ch. 2, sees. 8. 54. 
Rev. Stat. 1843, ch. 7. sees. 5, 16, 17, 53; ch. 17, sees. 1-23. 1 Rev. Stat. 1852; Burns 26-611, 26-621, 
49-3004; Baldwin 5226, 5238, 5418. Acts 1881 (Spec. Sess.), 1911; Burns 36-2501 to 36-2504; Baldwin 
7676 to 7679. 1 Rev. Stat. 1852, Acts 1855; Burns 36-2601 to 36-2607; Baldwin 7691 to 7697. Acts 1881 
(Spec. Sess.), 1897; Burns 36-2608 to 36-2618; Baldwin 7698 to 7708. Acts 1917, 1937; Burns, 1940 
suppl., 42 201; Baldwin, 1937 suppl., 10443. 

8 l 4 Rev. Stat. 1838, ch. 105, sees. 1-10. Acts 1840-41 (general), ch. 2, sees. 8, 54. Rev. 
Stat. 1843, ch. 59, sec. 15. 1 Rev. Stat. 1852, ch. 8, sec. 3; ch. 20, sees. 7, 14; ch. 92, sec. 1. Acts 
1853, ch. 66, sees. 1-4. Acts 1855, ch. 105, sees. 4-8; ch. 106, sees. 1, 2. Acts 1858 (Spec. Sess.), 
ch. 15. Acts 1859, ch. 130, sees. 1-7. Acts 1873, ch. 59, sees. 1-5, 20. Acts 1875 (Spec. Sess.); ch. 
13, sees. 1-9, 21. Acts 1S95, ch. 127, sees. 1, 8-10. Acts 1897, ch. 167, sees. 1-3. Acts 1905, ch. 6, 
sec. 1. Acts 1911, ch. 119, sees. 3-8, 16, 23; ch. 118, sees. 1, 2, 7-9, 11. Acts 1915. ch. 10, sec. 1. 
Acts 1917, ch. 4, sees. 4, 40. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 71 

licenses, " and before 1917 authorized the issuance of liquor 
1 icenses . s l 6 



FEES 

The laws provide for the charging of fees by various 
county officials. Salaried officials cannot disburse their 
fees for office expense, or r e t a i n t h e fees or interest t h e r e o n 
as compensation, unless a statute enacted since 1932 specifi- 
cally authorizes them to do so. Such fees must be paid into 
the county treasury. An officer cannot draw any salary while 
illegally withholding fees. 

o u n t y o f . f i c i a 1 s m a y charge and c o 1 1 e c t only s u c h fee s 

sip 
as are allowed by statute.' If an officer collects illegal 

fees, the county cannot recover them fro m him, sine e t h e y 

belong to the person paying the same. If the officer un- 

1 a w i u 1 1 y r e f u s e s t o p ay o v e r fees collected b y h i m , a n action 

lies on h i s b o n d ; a c d i f be p a y s o v e r f e e s w h i c h he is 

entitled to retain, he may sue to recover the same. 

A 1 1 o f f i c e r s a r e r e q u i r e d t o k e e p complete records of 

all fees received f r o m any s o u r c e w h atever. Such records 



815 Acts 1807, ch. 33 (misnumbered 31), sees. 1, 6; ch. 51, sec. 14. Acts 1816-17, ch. 29, 
sec. 2. Rev. Stat. 1838, ch. 41, sees. 1-4, 8, 11. Rev. Stat. 1843, ch. 17, sees. 1-23. Acts 1881 
(Spec. Sess.), 1911; Rums 36-2501 to 36-2504; Baldwin 7676 to 7679. 1 Rev. Stat. 1352, Acts 1855; 
Bums 36-2601 to 36-2607; Baldwin 7691 to 7397. Acts 1881 (Spec. Sess.), 1897; Burns 36-2608 to 36- 
2618; Baldwin 7698 to 7708. Acts 1917, 1937; Burns, 1S40 suppl., 42-201; Baldwin, 1937 suppl., 10443. 
3 X 6 Acts 1807, ch. 17, sees. 1, 4, Acts 1813, ch. 3, sec. 2. Acts 1817-18 (general), ch. 47, 
sees. 1, 2. Rev. Stat. 1838, ch, 105, sees. 1-10. Rev. Stat. 1843, ch. 59, sec. 15. 1 Rev. Stat. 1852, 
ch. 92, sec, 1. Acts 1853, ch. 66, sec, 8. Acts 1855, ch. 105, sees. 4-8; ch. 106, sec. 4. Acts 1858 
(Spec. Sess.), ch. 15. Acts 1859, ch. 130, sees. 1-7. Acts 1873, ch. 59, sees. 1-5, 20. Acts 1875 
(Spec. Sess.), ch. 13, sees, 1-9, 21. Acts 1895. ch. 127, sees. 1, 8-10. Acts 1897, ch. 167, sees. 1-3. 
Acts 1905, eh. 6, sec. 1. Acts 1911, ch. 119, sees. 3-8, 16, 2S; ch. 148, sees. 1, 2, 7-9, 11. Acts 1915, 
ch. 10, sec. 1. Acts 1917, ch. 4, sees. 4, 40. 

3 l 7 Acts 1933; Burns 49-1001, 49-1005; Baldwin 7531, 7535. Acts 1895; Burns 49-1410; Bald- 
win 7585, Keifer v. Summers, 137 Ind. 106, 35 N. E. 1103 (1894); Applegate v. State ex rel, Petti- 
john, 205 Ind. 122, 185 N. E, 911 (1933); Board of County Comrs. v. Lewis, 81 Ind. App. 601, 144 
N. E. 623 (1924). 

8 l 8 Noble v. Board of County Comrs., 101 Ind. 127 (1885); Legler v. Paine, 147 Ind. 181, 
45 N. E. 604 (1896). 

° " 9 State ex rel. Board of County Comrs. v. Williams, 39 Ind. App. 376, 77 N. E. 1137 



(19C6). 

820 



Acts 1883; Burns 49-142; Baldwin 13094. Workman v. State ex rel. Board of County 



Comrs., 165 Ind. 42, 73 N. E s 917 (1905). 

321 Board of County Comrs. v. Crone, 36 Ind. App, 283, 75 N. E. 826 (1905), 



72 TIPPECANOE COUNTY 

are. subject to public inspection at any time, and must be 
examined by the board of commissioners at their meetings. 322 
The clerk of the circuit court, treasurer, sheriff, and 
recorder must make reports of fees to the auditor quarterly 
and at the expiration of their terms of office. The treasurer 
also makes a monthly report of fees to the auditor. 828 The 
clerk of the circuit court annually delivers to the auditor 
a list of ail fines and jury fees collected during the preced- 
ing year, and also a list of all fees in his hands which have 
remained unclaimed for 2 years. The auditor enters such lists 
in the order book (commonly called the "Commissioners' Rec- 
ord") of the board of commissioners and issues a quietus 
for the items of such lists which have been paid over to the 
county treasurer. 024 

FUNDS RECEIVED FROM THE STATE 

The counties receive from the state a portion of the 
funds in the motor vehicle highway account of the state. 
This account is composed of excise taxes on motor vehicle 
fuel, motor vehicles, operators, and chauffeurs." 5 The 
portion allotted to the counties is distributed on the basis 
of vehicular miles of county roads in each county as compared 
with the total in ail counties. The 1937 law recites that 
there are 57,343 miles in Tippecanoe County and 4,536,856 
miles in all of the counties, but provision is made for a 
recount by the state highway commission and a change in al- 
location based thereon. 826 Such funds are used by the county 
for construction and maintenance of county roads; and 20 
percent of such funds may be used, to pay off outstanding 
county-unit road bonds. 

The counties receive from the state a portion of the 
lieecse fee on liquor dealers. Distribution of such portion 
among the counties is based en the amount paid in for li- 



822 Acts 1895; Burns 49-1401, 49-1409; Baldwin 7576, 7584. Acts 1879 (Spec. Sess.); Burns 
49-2723; Baldwin 1443. Acts 1909; Burns 60-213; Baldwin 13864. 

828 Acts 1895, 1903, 1913; Burns 49-1402; Baldwin 7577. 2 Rev. Stat. 1852, Acts 1891; 
Burns 49-2710; Baldwin 1437. Acts 1919; Burns 64-2101; Baldwin 15802. 

824 Acts 1841-42 (general), ch. 45, sec. 3. 2 Rev. Stat. 1852, Acts 1891; Burns 49-2710; 
Baldwin 1437. 

82 5 Acts 1937; Burns, 1940 suppl., 36-2801; Baldwin, 1937 suppl., 8S95-1. 



826 Acts 1937; Burns, 1910 suppl., 36-2808; Baldwin, 1937 suppl., 8695-S. 

827 Acts 1937, 1939; Burns, 1940 suppl., 36-2804 to 36-2806; Baldwin, 1939 suppl., 8695-4; 
Baldwin, 1937 suppl., 8695-5, 8695-6. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 73 

cerises with respect to dealers' premises located outside 
cities and towns in each county, as compared with the total 

o o p 

for such areas in all counties. 

Each county receives from the state (including federal 
funds), as reimbursement, about 81 percent of the money spent 
by the county for welfare assistance. 

The counties receive a portion of the intangible tax. 
Distribution of such portion among the counties is based on 
the assessed valuation of the real property in each county, 
as compared to the total in all counties. Oris- fourth of the 
amount received by the county goes into the general fund of 
the county; and the remainder goes to the school funds of the 
township, city, and town taxing units within the county, on 
a basis of valuation of the real property in each unit. 
School funds are discussed hereinafter under the heading 
"Education." 

CLAIMS AND ALLOWANCES 

Claims against the county, duly itemized and verified, 
in writing on forms furnished by the board of commissioners, 
may be filed with the auditor, who places them on the claim 
docket and thereafter presents them to the board for decision. 
At a regular or special session of the board of commission- 
ers, beginning at least 5 days after the docketing of the 
claim and 8 days after publication of notice by the auditor, 
the commissioners must examine the merits of the claim and 
may, in their discretion, allow it. In whole or in part, as 
they find it to be just and owing."' The board cannot al- 
low a claim that it previously disallowed. 382 

A claim for materials; and supplies will not be allowed 
unless accompanied by a certificate of the auditor showing 
that the goods mentioned in the claim correspond in quality 
a S3 d prices with the contract. A claim on a contract for 



828 Acts 1935, 1937, 1939; Burns, 1940 suppl., 12-505, 12-811; Bs'dwin, 1939 suppl., 3764-7, 
3764-40 (f). 

329 Acts 1936 (Spec. Sess.); Burns, 1940 suppl., 524405, 52-1412; Baldwin, 1937 suppl., 
11078-117, 14078-124. Information obtained from Frank G, Thompson, auditor of state, on March 
31, 1939, by W. Davis Hamilton. 

830 Acte 1933; Burns 64-922; Baldwin 15920. 

831 Acts 1899; Burns 26-538, 26-804; Baldwin 5403, 5255. Acts 1879 (Spec. Sess.); Burns 
26-805, 26-807; Baldwin 5254, 5256. Acts 1897; Burns 26-806, 26-809; Baldwin 5260, 5257. Acts 1931; 

o 26-819; Baldwin 5268 to 5271. 

Myers v. Gibson, 152 Ind. 500, 53 N. E. 646 (1899). 



Burns 26-816 to 26-819; Baldwin 5268 to 5271. 
332 



838 Acts 1899; Bums 26-538; Baldwin 5403. 



74 TIPPECANOE COUNTY 

work to be conducted under the supervision of the county sur- 
veyor, or any architect, engineer, superintendent, or inspector 
appointed by the board of commissioners, must be accompanied 
by a certificate of the surveyor or such agent, showing that 
the work therein mentioned was performed according to con- 
tract and that the amount claimed is due and owing by the 
terms of the contract, A claim based on judgment or 
order of a court must b<* accompanied by a certified copy of 
such judgment or order. 

An allowance not called for within 5 years may be can- 
celed. Preference in payment is given to claims for money 
advanced by any county officer for use ©f the county pursuant 

q q ri 

to provisions of law or of any order of the board. ' ' How- 
ever, no allowance can be made by the board of commissioners 
to one of its members for articles furnished by him to the 
county under a contrast or otherwise. 8 8 

Any person feel ing aggrieved by any decision of the board 
on any claim may appeal to the circuit court or superior court. 
In case of disallowance in whole or in part, the claimant 
may appeal as aforesaid or bring an independent suit against 
the board. The claimant must pay the costs of the appeal if 
he does not recover more on the appeal than was allowed by 
the board. 8 No complaint other than the c la im ( inc lud ing 
certificates and exhibits if any) presented to the board is 
required on appeal. ° If the board allows only a part of 
the claim, and the claimant accepts payment Gf the amount 
allowed, he cannot bring suit for the remainder. 

q a o 

In pursuance of appropriations by the county council, 
the judges of the circuit court and superior court may make 
allowances against the county for expense of administration 
of justice. * Such allowances include compensation of wit- 



884 Acts 1899; Burns 26-539; Baldwin 5404. 
SS5 



Acts 1911; Bums 26-814; Baldwin 5265. 
SS7 



886 Acts 1879 (Spec, Sess.); Burns 26-815; Baldwin 5273. 



1 Rev. Stat. 1852; Burns 26-802; Baldwin 5252. 

888 Waymire v. Powell, 105 Ind. 328, 4 N. E. 886 (1886). 

889 Acts 1879 (Spec. Sess.) ; 3885; Burns 26-820; Baldwin 5275. 

340 Eoard of County Comrs. v. Wertz, 112 Ind. 268, 13 N. E. 874 (1887). 

841 Western Constr. Co, v. Board of County Comrs., 178 Ind. 684, 98 N. E. 347 (1912). 

842 Acts 1899; Burns 26-515, 26-527; Baldwin 5379, 5391. 

848 Acts 1879 (Spec, Sess,); Burns 49-1432, 49-1434; Baldwin 13127, 13128. 

Change of venue from county. Acts 1905; Burns 9-1312 to 9-1315; Baldwin 2233 to 2236. 

Blank books and stationery. 2 Rev. Stat. 1852; Burns 49-2709; Baldwin 1436. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 75 

S 4 4- 8 4 5 • 3 4 6 i . ,. S47 

nesses, jurors, ' master commissioners, ' sheriff, ' 

• O ^_ p *^Z]Q OCA 

bailiffs, court reporter,' J court page,' and attorneys 
appointed to represent poor persons. 

Within 10 days after adjournment of the session of the 
board of commissioners, circuit court, or superior court, at 
which allowances against the county are made, the auditor 
publishes notice showing all allowances made by the board 
or court, A warrant on an allowance by a court cannot be 
issued until 8 days after such publication. 

The county director of public welfare may make allow- 
ances for welfare assistance; and the clerk of the circuit 
court makes allowances for clothing for insane paupers in 
ins ti tutions . S 5 



CUSTODY AND DISBURSEMENT OF FUNDS 

The treasurer receives all money coming to the county. 
and disburses it- on proper warrants (formerly called orders) 
issued by the auditor and countersigned by the treasurer. 00 ' 1 

The board of finance has supervision of all public funds 
of the county and of the safekeeping and deposit thereof. 05 
The board designates depositories for public funds, after in- 
viting and receiving proposals from banks and trust companies. 



4 4 1 Rev. Stat. 1852; Burns 9-2408; Baldwin 1306. 

845 Acts 1881 (Spec. Sess,), 1913, 1927, 1933; Burns 4-3319; Baldwin 1277. 

34 ° Acts 1831 (Spec. Sess,), 1903; Burns 4-3407; Baldwin 1286. 

847 Acts 1895, 1905, 1915, 1919; Burns 49-1311; Baldwin 7570. 

Change of venue from county. Acts 1905; Burns 9-1315; Baldwin 2236. 

348 Acts 1921, 1935; Burns, 1940 suppl., 4-3107; Baldwin, 1935 supply 1256. Acts 1895, 1905, 
1915, 1919; Burns 49-1311; Baldwin 7570. 2 Rev. Stat. 1852; Burns 49-2804; Baldwin 5496. Opinions 
of the Attorney General of Indiana, 1939, p, 312. 

849 Act3 1921, 1939; Burns, 1940 suppl., 4-3507; Baldwin, 1939 suppl., 1298-1. Acts 1893; 

Burns 4-3511; Baldwin 1300. 

S 5 

Opinions of the Attorney General of Indiana, 1939, p. 312. 

3 5 1 Acts 1881 (Spec. Sess.); Burns 2-211, 2-212; Baldwin 26, 27. Acts .1905; Burns 9-1314; 
Baldwin 2235. Opinions of the Attorney General of Indiana, 1939, p. 351. 

' 5 2 Acts 1899; Burns 26-816; Baldwin 5268. Acts 1931; Burns 26-817; Baldwin 5269. 

858 Acts 1927, 1933; Burns 22-1215, 224216; Baldwin 4307, 4308. Acts 1936 (Spec. Sess.}; 
Burns, 1940 suppl., 52-1124; Baldwin, 1937 suppl., 14078-25. Morris v. State ex rel. Brown, 96 Ind. 
597 (1884). 

354 Acts 1399, 1935; Burns, 1940 suppl., 26-522; Baldwin, 1935 suppl., 5386. 1 Rev. Stat. 
1852; Burns 49-3103; Baldwin 5550. Acts 1937; Bums, 1940 suppl., 61-627; Baldwin, 1937 suppl., 
13844-48. 

855 Acts 1937; Burns, 1940 suppl., 61-629; Baldwin, 1937 suppl., 13844-50. 



76 TIPPECANOE COUNTY 



The commission of a depository may be revoked by the board 
at any time.' The resignation of a depository becomes 

effective 30 days after notice thereof to the board. 35 
Monthly statements are furnished by the depository to the 
board on or before the 5th day of each month, and are pre- 
served in the office of the board. All public funds paid 

into the county treasury must be deposited by the treasurer 
daily, in the name of the county, in one or more of such 
designated depositories. On or before the 5th day of each 
month, the treasurer must file with the secretary of the 
board a statement of the balance of funds at the end of- the 
previous month, consistent with the statement furnished by 
the depository. The treasurer deposits quarterly with 

the auditor all redeemed warrants. 

When the auditor draws a warrant, he charges it against 
the appropriation and particular fund under which it was 
drawn. Apportionment is made if more than one fund or ap- 
propriation is involved. Records of the warrants are kept 
in the manner prescribed by the state board ©f accounts. 
Formerly the number, date, amount, name of payee, and pur- 
pose of the warrant were entered in a book as prescribed by 
statute. The auditor examines and settles all accounts 
and demands chargeable against the county which no law re- 
quires to be settled and allowed by some other tribunal or 
person. 06 Before issuing a warrantor quietus, the auditor 
must examine the account to ascertain whether it is correct 
and in proper form; and for this purpose may require the 
furnishing of information, vouchers, and exhibits sufficient 
to satisfy himself. 364 



856 Acts 1937; Burns, 1940 suppl., 61-634 to 61-636; Baldwin, 1937 suppl., 13344-55 to 13844-57. 

857 Acts 1937; Burns, 1940 suppl., 61-640; Baldwin, 1937 suppl., 13844-61. 
358 Acts 1937; Burns, 1940 suppl., 61-638; Baldwin, 1937 suppl., 13844-59. 
3 5 9 Acts 1937; Burns, 1940 suppl., 61-624; Baldwin, 1937 suppl., 13844-45. 

Defunct depositories. State ex reh Jackson v. Middleton. 215 Ind. 219, 19 N. E. (2d) 470 
(1939), Opinions of the Attorney General of Indiana, 1939, p. 247. 

3 6 ° 1 Rev. Stat. 1852; Burns 49-3114; Baldwin 5561. Information obtained from E. P. 
Brennan. state examiner, on May 18, 1939, by W. Davis Hamilton. 

361 Acts 1899; Burns 26-544; Baldwin 5409. 

3 6 2 1 Rev. Stat. 1852; Burns 49-3005; Baldwin 5419. Acts 1909; Burns 60-202; Baldwin 
13855. Information obtained from E. P. Brennan, state examiner, on August 15, 1939, by W. 
Davis Hamilton. 

3 6 3 1 Rev. Stat. 1852; Burns 49-3005; Baldwin 5419. 

864 Acts 1909; Burns 60-215; Baldwin 13866. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 77 

On claims (including claims on judgments) allowed by 
the board of commissioners, and on allowances made by courts 

for the cost of administration of justice, and on allowances 
by the clerk of the circuit court for clothing of insane pau- 
pers i n i n s t i t u t i o n s , and o n alio w a n c e s b y the count y d irecto r 
of public welfare for welfare assistance, the auditor issues 
his warrants. But warrants may be issued to pay judgments, 
for expenses' of insanity inquests, for management of the 
school fundi, for clothing the insane, and for salaries or 
other liabilities for specific a m o u n t s fixed b y 1 a w t w h e n n o 
allowance has been made as aforesaid. Wa rrants not c a 1 1 < j 
for within 5 .years after the allowance of the claims on 
which they were drawn may be canceled by the board of com- 
missi oners, if not called for after publication of notice." 

A warrant drawn by the auditor on the treasurer must 
be accompanied by a carbon copy thereof, except in the case 
of state and township funds. If funds are available to pay 
the warrant, the treasurer, on presentation to him, detaches 
and retains the carbon copy, and countersign?-' the original 
and stamps thereon the name of the depository by which it 
is payable. The original warrant is delivered to the payee, 
and the amount thereof is paid to the payee by the depository 
on presentation and surrender of the w a r r a n t . F o r t h e con- 
venience of the payee, the t r e a s u r e r m a y pay cash to the 
holder, on taking an assignment of the warrant, in which 
event such warrant will be deposited by the treasurer in the 
depository In lieu of cash." 6 The treasurer roust deduct 
any delinquent taxes owing by the payee.' If no funds are 
available to pay the warrant, the treasurer endorses thereon 
the words "not paid for want of funds" and the date of such 
presentment; a n d thereafter t h e w a r r a n t draws legal i n t e r e s t . 
Interest ceases when funds become available for payment and 
the treasurer or auditor publishes a call for redemption. 

865 Acts 1927, 1933; Burns 22-1215, 22-1215; Baldwin 4307, 4200. Acts 1S97; Burns 26-809; 
Baldwin 5257. Acts 1911; Burns 26-813, 26-814; Baldwin 5254, 5265. 1 Rev. Stat, 1352; Burns 43= 
3005; Baldwin 5419. Acts 1936 (Spec, Sess.); Burns, 1940 suppl., 524124; Baldwin, 1937 suppl., 
14078-25. Acts 1837; Burns, 1940 suppl., 61-627; Baldwin, 1937 -suppl., 13844-48. Blue v. State ex rei. 



Powell, 210 Ind. 486, 1 N. E. (2d) 122 (1936). 
36 6 

36 7 



366 Acts 1579 (Spec. Sess.); Burns 26-815; Baldwin 5273. 



1 Rev. Stat. 1852; Burns 49-3111; Baldwin 5558. Acts 1937; Burns, 1940 suppl., 61-62/ 
suppl., 13844-48. 
Acts 1919; Burns 64-1506; Baldwin 15763, 



Baldwin, 1937 suppl., 13844-48. 
36 8 



369 Acts 1889; Burns 43-3C07, 49-3008; Baldwin 54:0. 5421. 1 Rev. Stat. 1852; Burns 49-3111; 



Baldwin 5558. 



78 TIPPECANOE COUNTY 

Outstanding warrants are redeemed by the treasurer according 
to priority of time of presentment. Such warrants must be 
received in payment of county taxes without regard to such 
priority.' 7 When the treasurer redeems a warrant on which 
interest is due, he makes a notation thereon, and also in his 
account, showing the amount of interest paid. 

Every public officer who receives or distributes public 
funds must keep a cashbook wherein are entered daily, by 
item, all receipts of public funds. The book must be bal- 
anced daily, show funds on hand at the close of each day, 
and be kept open to public inspection.' The treasurer 

keeps records of all receipts and disbursements in a general 
account, and also in separate accounts for the separate ap- 
propriations and distinct funds. Current taxes are not en- 
tered on his account with the county until after his annual 
statement. 73 At the end of March, June, September, and 
December, the treasurer makes out a report showing the 
amount of money in the county treasury and each distinct fund 
thereof. The report is examined by the board of commission- 
ers at its next regular session.' 74 

The treasurer gives a receipt for all money paid to him, 
which receipt (except for taxes) must be deposited by the 
payer with the auditor, who gives a quietus for the same. 

The board of commissioners, at its first regular session 
each year, makes out a statement of the receipts and expendi- 
tures for the previous calendar year, and causes it to be 
published and posted. The treasurer makes complete set- 

tlements with the board of commissioners at its January 
session each year. Settlements by the board of commis- 



S70 l Rev. Stat. 1852; Burns 49-3113; Baldwin 5560. 
3 7 1 1 Rev. Stat. 1852; Burns 49-3112; Baldwin 5559. 

3 7 2 Acts 1937; Burns, 1940 suppl., 61-623; Baldwin, 1937 suppl.. 13844-44. 
3 7 3 1 Rev. Stat. 1852; Burns 49-3109; Baldwin 5554. 
374 Acts 1895, 1913; Burns 49-1403; Baldwin 7578. 

3 7 5 2 Rev. Stat. 1352, Acts 1891; Bums 49-2710; Baldwin 1137. 1 Rev. Stat. 1852; Burns 
49-3104; Baldwin 5551. 

376 Acts 1S99; Burns 26-510; Baldwin 5411. 

377 Acts 1899; Burns 26-531; Baldwin 5395. 

Formerly the settlement was made in June. 1 Rev. Stat. 1852; Burns 49-3116; Baldwin 5563. 

The state board of accounts now requires that settlements be recorded in the monthly 
balance record of the auditor and treasurer. Information obtained from E. P. Brennan, state ex- 
aminer, on May 18, 1939, by W. Davis Hamilton. 

Formerly (he settlements were recorded in the order book (commonly called the "Commis- 
sioners' Record") of the board of commissioners. Acts 1899; Burns 26-531; Baldwin 5395. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 79 

s i o n 8 r s are not binding on t h e count y w h e re t; b e officer has 
failed to account for any money received by virtue of bis of- 
fice or failed to perform any duty required of him by law. '' 8 

All taxes collected by the treasurer must be deposited 
in the depository as one fund except when otherwise pro- 
vided by law. Semiannual ly the treasurer settles with the 
state and the municipal corporations within the county for 
taxes collected for them. Before such settlements, lie ad- 
vances not exceeding 80 percent when request by the proper of- 
ficer is made to the ai-ditor and a warrant is drawn by him. " 79 

From time to time without notice, the books and accounts 
of county officers arc audited by the state examiner. Before 
1909 the judge of the circuit court examined the office of 
the clerk of the circuit court and reported thereon to the 
board of commissioners ; and the board of commissioners ex- 
amined other county of fie 



H 



80 



PUBLIC DEBT 

The Constitution of 1851 provides that the total amount 
of the county debt shall not exceed 2 percent of the value 
of the taxable property therein, 001 and a statute provides 
that such debt shall not exceed 2 percent of the taxable prop- 
erty less the total of all mortgage exemptions. 3 

The borrowing of money for the county must be authorised 
by ordinance of the county council. The notes, bonds, or 
otherevidence of indebtedness are executed by the county com- 
missioners and attested by the auditor." The obligations 
may bear interest at a rate not exceeding 6 percent per an- 



' ° Acts 1879 (Spec. Sess.); Burns 26-637; Baldwin 5341, 
379 Acts 1937; Burns, 1940 supph, 61-626; Baldwin, 1937 suppl., J3844-47. 
3 8 ° 1 Rev. Stat. 1852, Acts 1935; Bums, 1940 suppl., 26-620; Baldwin, 1935 supph, 5236. 
Acts 1897; Burns 26-636; Baldwin 5237. 2 Rev. Stat. 1852; Burns 49-2720; Baldwin 1439. 1 Rev, 
Stat. 1852; Burns 49-3110; Baldwin 5555, Acts 1909, 1915; Burns 60-201, 60-211; Baldwin 13854, 13862, 
Opinions of the Attorney General of Indiana, 1939 , p. 184. Information obtained from E. P, Bren- 
nan, state examiner, on May 18, 1939, by W. Davis Hamilton. 

Const. 1851, art. 13, sec. 1. Exception is made in case of war. foreign invasion, 
or other public calamity. I hid. 

Bonds for construction of an interstate bridge, payable only from proceeds of bridge 
tolls, held not a debt within the meaning of this constitutional provision. Same ruling as to 
costs of highway maintenance. Bennett v. Spencer County Bridge Commission, 213 Ind, 520, 13 
N. E. (2d) 547 (1938). 

382 Acts 1899, 1921, 1929; Burns 26-532; Baldwin 5396. 

38 3 r7 . 7 
Ibid. 

384 Acts 1899, 1921; Burns 26-540; Baldwin 5405. 



80 TIPPECANOE COUNTY 

num. If the interest rate exceeds 5 percent the issuance 
must be approved by the state board of tax commissioners. 081 ' 
The council may provide for maturities at any time not ex- 
ceeding 52 years from issuance. 886 

The bonds are issued after publication of notice, and 
must be sold for an amount not less than par value and ac- 
crued interest. If the amount of bond issue is to exceed 
$5,000, and if 10 taxpayers file objections with the auditor, 
the objections will be certified to the state board of tax 
commissioners for hearing and disposition. 8/ 

Temporary loans, evidenced by tax anticipation notes or 
warrants, may be authorized to meet cur ran t running expenses 
to an amount not exceeding the revenue for the currant year, 
and only as an anticipation of such revenue. It is the duty 
of the county council each year to levy an annual tax to pay 
all such temporary loans. 

The county council must make a levy of not less than 
one-tenth of I percent on the taxable property of the county 
each year, for the purpose of retiring bonds previously is- 
sued; and the taxes collected therefrom must be invested in 
those bonds or other county securities, and shall constitute 
a sinking furd for the ultimate liquidation of such debt.° 89 
The council must also levy each year a tax sufficient to pay 
interest for the year on bonds previously issued. If more 
taxes are collected under this levy than are needed to pay 
interest, s>irh excess goes into the sinking fund to pay the 
principal. 390 

Elections 

In Indiana there are three type«? of elections: Primary, 
special, and general. Primary elections are for the purpose 
of nominating party candidates for all offices (other than 



885 Acts 1S99, 1921, 1929; Burns 26-522; Baldwin 53S6. Acts 1919, 1920 (Spec. Sess.), 1921. 
1923; Burns 61-1332; Baldwin 15736. 



38 6 



Acts 1899, 1921, 1929; Burns 26-532, 61-401; Baldwin 5396. 13896. 



887 Acts 1899, 1921; Burns 26-540; Baldwin 5405. Acts 1919, 1920 (Spec. Sess.), 1921, 1923; 
Burns 64-1332; Baldwin 15736. 

888 Acts 1S99, 1921, 1929; Burns 26-532; Baldwin 5396. Acts 1933; Burns 26-1022; Baldwin 



5397. 



3 8 9 1 Rev. Stat. 1852, Acts 1859; Eurns 26-1006; Baldwin 5247. Acts 1899; Burns 26-515; 



Baldwin 5379. 

390 



1 Rev. Stat. 1852; Burns 26-1007; Baldwin 5248. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 81 

those to be voted on by the entire electorate of the state) 
and electing precinct committeemen and delegates to state 
conventions of political parties. The primary election is 
mandatory for each political party in the state casting for 
its candidate for secretary of state 10 percent or more of 
the aggregate vote cast for all candidates for secretary of 
state in the last general election. 09 All election days are 
legal holidays in the district or city where the election is 
held.° 9 Special elections are held to fill vacancies in the 
Indiana General Assembly, vacancies in the office of Repre- 
sentative in Congress, and vacancies in offices required to 
be filled by special election. They are also held to fill 
all offices (except city and township) in case of a tie vote. 
They are ordered by the governor, announced by the sheriff, 
and conducted in the manner in which general elections are 
conducted. The general election, held biennially, is for 
the purpose of filling existing vacancies in office and fill- 
ing all offices the terms of which will expire before the 

q O A 

next general election thereafter." 

Primary elections are held on the 1st Tuesday after the 
1st Monday in May preceding the general elections." They 
are held under the supervision of the board of primary elec- 
tion commissioners, consisting of the clerk of the circuit 
court and two persons (from the two major political parties 
nominated by their respective county chairmen) appointed by 
him, This board panares and distributes ballots for the 
primary elections. " 6 It serves as the county board of 
election commissioners at the next general election 0, and 
as a canvassing board for all elections. 398 



391 Acts 1915; Burns 29-501; Baldwin 7187. 

392 Acts 1889; Burns 29-1613; Baldwin 7171. 

393 Acts 1905; Burns 29-1406; Baldwin 7382. Acts 1881 (Spec. Sess.); Burns 29-1505, 29- 
1701 to 29-1704; Baldwin 7182, 7246 to 7249. Acts 1933; Burns 29-1903; Baldwin 7252. Acts 1905, 1909; 

Baldwin 11424. 
Acts 1881 (Spec. Sess.); Burns 29-701; Baldwin 7081. 



Burns 48-1246; Baldwin 11424 
3 9 4 



395 Acts 1915, 1917; Burns 29-508; Baldwin 7194. 

396 Acts 1907, ch. 2£2, sees. 1, 13. Acts 1915.. 1917; Bums 29-504; Baldwin 7190. See the 
essay entitled "Board of Primary Election Commissioners." 

"Courts of equity have no jurisdiction to interfere in the purely political activities of po- 
litical party organizations." State exrel. Marion County Democratic Committee v. Marion Su- 
perior Court, 214 Ind. 322, 15 N. E. (2d) 379 (1938). 

397 Acts 1915, 1917; Burns 29-504; Baldwin 7190, 

398 Acts 1905, 1927; Burns 29-1401; Baldwin 7377. 



82 TIPPECANOE COUNTY 

. Primary elections are conducted by the following offi- 
cials for each precinct; One election inspector, two election 
judges, two poll clerks., two election sheriffs, and one poll- 
book holder for each political party participating in the 
election. Their qualifications and duties are the same as 
those of the corresponding precinct officials for general 
elections. The inspector, judges, and clerks are appointed 
as follows: The party casting the highest, vote for secretary 
of state at the last general election appoints the inspector, 
the party casting the next highest vote appoints one election 
judge, and so on in rotation among all parties participating 
in the election. The sheriffs and pollbook holders are ap- 
pointed in the manner in which they are appointed for gen- 
eral e lect i ons . 

General elections are held biennially on the 1st Tuesday 
after the 1st Monday in November of even-numbered years. 
County officers elected by the people are county commission- 
ers, county councilmen, judge of the circuit court, judge of 
the superior court, clerk of the circuit court, auditor, treas- 
urer, sheriff, coroner, recorder, prosecuting attorney, sur- 
veyor, and county assessor. 401 These elections are held under 
the supervision of the county board of election commi ss i oners , 
which prepares and distributes the ballots therefor. 402 

For 8 general election the county board of election com- 
missioners appoints the election officials for each precinct, 
namely, one election inspector, two election judges, two poll 
clerks (and two assistant poll clerks if necessary), and two 
election sher i if s . The e lection inspector and e 1 ec ti on judges 
constitute the precinct board of election. The other pre- 
cinct officials assist this board in conducting the general 
election. The election judges, poll clerks, and election 
sheriffs must be qualified voters of opposite political faith. 
They are nominated by the chairmen of their respective county 
central committees. The inspector and judges must have been 
freeholders and resident householders of the precinct for at 
least 1 year, or resident householders therein for at least 2 
years preceding the election, unless persons having these 
qualifications are not avai lable . The inspector of elections 



399 Acts 1915, 1917; Burns 29-505, 29-507; Baldwin 7191, 7193. 

400 Acts 1881 (Spec. Sess.); Burns 29-701; Baldwin 7081. 

4 1 

See the separate essays for these offices. 

402 Acts 18S9; Burns 29-1002; Baldwin 7109. See the essay entitled "County Board of 

Election Commissioners." 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 83 

is nominated by the chairman of the party casting the high- 
est number of votes in the county in the last election for 
secretary of state. The township trustee serves as the elec- 
tion inspector in the precinct in which he resides unless he 
is disqualified. Each party may appoint one challenger and 
one pollbook holder in each precinct to represent that party 
in the challenge of voters. 

The constitution provides that all elections shall be 
"free and equal," prescribes the length of residence required 
of an elector, designates the time of holding elections, and 
gives the legislature power to provide for the registration 
of voters. 404 

All voters at general elections and state- wide special 
elections must be duly registered for voting; must be 
citizens of the United States; must be of the age of 21 years 
and upwards at the time of the election; and must have re- 
sided in the state 6 months, in the township 80 days, and 
in the ward or precinct 30 days, immediately preceding the 
election. Any person who has these qualifications may vote 
at the primary election next preceding the general or special 
election. If he is not so qualified at the time of the pri- 
mary election but will be so qualified at the time of the 
general or special election, he may vote in the primary elec- 
tion on making; an affidavit in the form required by law for 
such voters. Soldiers, sailors, and marines acquire no 
residence in the state for voting purposes by virtue of being 
stationed therein. 07 The registration officer (the clerk of 
the circuit court ex officio) conducts the registration of 
voters. 408 

Any political or civic party, association, or organiza- 
tion may, at any time prior to any election, take a poll of 
voters qualified to vote at the next ensuing election, in 
any district, county, township, municipality, ward, precinct, 



403 Acts 1929, 1933; Burns 29-804; Baldwin 7093. Acts 1929; Burns 29-805 to 29-807; Bald- 
win 7094 to 7096. 

404 Con£. 1851, art. 2, sees, 1, 2, 14. 

4 ° 5 Acts 1933; Burns 29-301; Baldwin 7299. Acts 1933, 1935; Burns, 1940 suppl., 29-336; 
Baldwin, 1935 suppl., 7334. See the essay entitled "Registration Officer." 

4 ° 6 U. S. ConsT:., amends. 14, 19. U. S. C, title 8, sec. 31 (law of 1870), Consl. 1851, 
art. 2, sec. 2 (as amended in 1921). Acts 1915, 1917; Burns 29-510; Baldwin 7196. Acts 18S1 (Spec. 
Sess.); Burns 29-703; Baldwin 7083. Kelso v. Cook, 184 Ind. 173, 110 N. E. 987 (1916). 

407 Consl. 1851, art. 2, sec. 3. Acts 1881 (Spec. Sess.); Burns 29-705; Baldwin 7085. 

408 Acts 1933, 1935; Burns, 1940 suppl., 29-306; Baldwin, 1935 suppl., 7304. 



84 TIPPECANOE COUNTY 

or precincts of the state, The chairman, president, ©r other 
chief officer of the party, association, or organization tak- 
ing such poll must issue to the person or persons employed 
in taking the poll a certificate showing the nature of such 
employment and the party, organization, or association for 
which the poll is taken. Failure to furnish correct infor- 
mation to these poll takers is punishable as a criminal of- 
fense. 409 

The board of county commissioners participates in vari- 
ous ways in the conduct of elections. The more important 
functions of the board in that connection are those of estab- 
lishing election precincts and changing their boundaries;" ° 
providing rooms for polling places and equipping them with 
voting booths and ba 1 1 ot boxes ; 4 l x and the purchase of voting 
machines (when permissive) for the several precincts. 

Any qualified and registered elector of the county, who 
by reason of the nature of his business is absent or expects 
to be absent from the county on the day of holding an elec- 
tion, may vote by an absent- vo ter ' s ballot which he, by mail 
or in person, procures from the clerk of the circuit court. 

When any elector presents himself to vote at an election, 
he is required to sign his name and address on the voters' 
poll list. In case of doubt concerning his identity, such 
signature is compared with the signature on the affidavit of 
registration. As soon as he has voted, a notation is made 
on his affidavit of registration showing he has voted at that 
election. If the voter cannot sign his name, it will be writ- 
ten for him by an election clerk, with the clerk's initials 
In parentheses, after the identity of the voter has been es- 
tablished by interrogation- If any member of the election 
board is not satisfied that any person who presents himself 
to vote is the person he represents himself to be, he may 
challenge the vote of such person, in which event such person 
must sign an affidavit as set forth in the next paragraph . 4 1 4 



409 Acts 1897; Burns 29-401 to 29-406; Baldwin 7343 to 7348. 

410 Acts 1933; Burns 29-319; Baldwin 7317. Acts 1889, 1907; Burns 29-801; Baldwin 7089. 
Acts 1920 (Spec. Sess ); Burns 29-901; Baldwin 7091. 

4 l l Acts 1920 (Spec. Sess.); Burns 29-909; Baldwin 7154. Acts 1897; Burns 29-1121; Bald- 
win 7135. 

412 Acts 1939; Burns, 1940 suppl., 29-562; Baldwin, 1939 suppl., 7245-1. Acts 1901, 1903; 
Burns 29-2404; Baldwin 7352. 

418 Acts 1935; Burns, 1910 suppl., 26-2601 to 29-2623; Baldwin, 1935 suppl., 7348-1 to 7348-23. 

414 Acts 1889, 1899; Burns 29-332; Baldwin 7330. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 85 

When any person offering to vote is challenged by one 
of the challengers or by any member of the election board, 
he must stand aside and must not vote until he makes an af- 
fidavit in statutory form, and, in elections at which regis- 
tration is required, produces his certificate of reg i s tra t i on . 
The affidavit must state that he is a qualified and legal 
voter of the precinct and must set forth his name, residence, 
occupation, and place or places of residence during the 6 
months immediately preceding the election, with the date 
of any removal within that time. It must also state the 
names of two persons who have personal knowledge of his 
residence in the precinct 30 days and the township 60 days 
immediately preceding the election. He will then be allowed 
to vote unless the challenger or some qualified voter of the 
precinct makes an affidavit that he knows, or is informed and 
verily believes, that the person offering to vote is not a 
legal voter in the precinct. If the latter affidavit is made 
on information and belief, it must set forth the names of the 
persons from whom such inf ormat i on wa s obtained. After this 
counter-affidavit is made, the person offering to vote cannot 
vote unless he presents the affidavit of another person show- 
ing that he is a legal voter of the precinct. Forms of these 
affidavits are set out in the statutes and printed forms con- 
taining the same are available at each voting place. 415 

The board of canvassers (consisting of the election com- 
missioners, with the clerk of the circuit court acting 
as clerk) 7 tabulates and compiles the election returns, 
and files all data, canvass sheets, certificates, pollbooks, 
and tally papers in the office of the clerk, and certifies 
the candidates elected. 418 At each place of canvassing bal- 
lots cast at a general election, each of the four major polit- 
ical parties is entitled to have one watcher present during 
the canvassing. Each political party represented at a 
primary election and each daily newspaper of general circu- 
lation is entitled to similar watchers at the canvassing of 
ballots cast at such primary election. 420 

415 Acts 1933; Burns 29-1122; Baldwin 7136, 

416 Acts 1905, 1927; Burns 29-1401; Baldwin 7377. 

417 Acts 1905; Burns 29-1402; Baldwin 7378. 

418 Acts 1905; Burns 29-1404, 29-1405; Baldwin 7380, 7381, 

Duty to disregard all improperly marked ballots. Craney v. Traylor, 214 Ind. 542, 16 N. 
E. (2d) 845 (1938). 

419 Acts 1897, 1901, 1909; Burns 29-1301; Baldwin 7147. 

420 Acts 1915; Burns 29-527; Baldwin 7213. Acts 1931; Burns 29-528; Baldwin 7214. Acts 
1939; Burns, 1940 suppl., 29-569; Baldwin, 1939 suppl., 7245-8. 



86 TIPPECANOE COUNTY 

'Recount of ballots must be ordered by the circuit court 
if a petition and cost bond therefor are presented by a defeat- 
ed candidate within 12 days after the election. Such recount 
is made by commissioners appointed by the court, and it su- 
persedes the certificate of the county board of canvassers 
Thereafter the court hears the contentions of the parties and 
determines the result of theelection. 421 

Each candidate for public office must file with the 
clerk of the circuit court, within 30 days after the election 
(general, special, or primary), a sworn statement sett.ing 
ferth his election expenses and promises. Failure to file 
such statement is a criminal offense and disqualifies the 
candidate from holding the office sought by him in such 
election. 6 

EDUCATION 

FUNDS 

The Ordinance of 1787, which created the Nor thwes t Ter- 
ritory and provided for the creation of not less than three 
nor more than five states therefrom (of which Indiana was 
one), contained the following provision: "Religion, morality, 
and knowledge, being necessary to good government and the 
happiness of mankind, schools and the means of education 
shall forever be encouraged.""" The act of Congress of 
April 19, 1816 for the admission of Indiana Territory as a 
state contained the following provision: "Section numbered 
sixteen., in every township, and when such section has been 
sold, granted or disposed of, other lands, equivalent thereto, 
and most contiguous to the same, shall be granted to the in- 
habitants of such township for the use of schools." The 
moneys arising from the sals of such lands became known as 
the "Congressional Township Fund." - This fund was not 
handled efficiently before 1851. 425 



421 Const. 1851, art. 2, sec. 14 (as amended in 1881). Acts 1915, 1917, 1925, 1929; Brims 
29-511; Baldwin 7196. Acts 1933, 1935; Burns, 1949 suppl., 29-2301 to 29-2309; Baldwin, 1935 suppl., 
7428 to 7435, 7427-1. State ex rel. Lord v. Sullivan, 214 Ind. 279, 15 N. E. (2d) 384 (1938): State ex 
rel. Robertson v. Lake Circuit Court, 215 Ind. 18, 17 N. E. (2d) 805 (1938). 

42 2 Acts 1911, 1913, 1915; Burns 29-2508; Baldwin 7445. 

423 Ordinance of 1787, art. 3; U. S. Stat., 1:52 note. 

4 24 U. S. Stat., 3:289 (law of 1816). 

425 Logan Esarey, History of Indiana (1924), 2:679, sec. 122. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 87 

Interest in education grew slowly before 1849. In that 
year the first tax law for. the support of schools was 
passed. 420 Previous to the . irapos i tion of this school- tax, 
the only sources of revenue for school o-peration were liquor 
license fees, fines for breach of the penal Taws, prison fees, 
numerous statutory penalties, leases of school lands, and 
interest on loans from th-e-.. Congress i oriaT township fund.^" 
It was not until after the adoption of the -Constitution of 
1851 and the passage of the school law of 1852 that education 
received any effective attention from- the state, 428 The 
school law of 1865 brought the most complete revision. 4 
The constitution provides that the general assembly shall- 
encourage and provide for a general and uniform system of 
common schools. 

The Constitution of .1851 established the common school 
fund composed of the Congressional township fund and the 
lands belonging thereto; the surplus revenue fund; the bank 
tax fund; the saline fund and the lands belonging thereto; 
the funds to be derived from, the sale of county seminaries, 
and the moneys and properties previously held for such semi- 
naries; fines and forfeitures; decedents' estates escheated 
to the state for want of heirs; taxes on the property of cor- 
porations which may be assessed, by the general assembly for 
common school purposes; and all lands granted to the state 
w i t h o u t designation o f p urpose, and t h e proceeds of s a 1 e 
thereof (including the proceeds of sale of swamplands grant- 
ed in 1850, less the expense of selection and drainage). 
The provision c o n c e r n i n g t h e sale of s em i n a r y prop@rt.ies and 
transfer of funds derived therefrom was declared void by the 
Supreme Court of Indiana in 1862. "° 2 

4 2 6 

. Acts 1848-49 (general), ch. .116, sec, 1. Fassett A. Cotton, Education in Indiana (Bluff- 
ton, Indiana. 1934). 10. 

427 Acts 1816-17, ch. 11, sec, 12; ch. 27, sec, 1. Acts ,1817-18 (general), ch, 4, sec, 3; ch. 
20/ sec, 2; ch, 32, sec. 9. Acts 1818-19, ch, 5, sec. 2, Rev,- L, 1824, _ ch. 39, sec. 9, Acts 1829-30, 
ch. 9, sec. 4. Rev. L. 1831, ch. 54,. sec. 5; ch. 86, sees, 16, 50, 

428 ConsTi. 1851, art. 8. 1 Rev. Stat. 1852, ch. 98. 

429 Acts 1865; Burns 28-101; Baldwin 6499. 
.. 4S0 Const. 1851, art. 8, sec. 1. 

431 Const. 1851, art. 8, sees. 2-7. Acts 1865; Burns 28-101; Baldwin 6499. 

Fines for contempt of court go into the common school fund. Swift v. State ex rel. 
Clark, 63 Ind. 81 (1878). 

Swamplands granted to state. U. S a Stat,, 9:519 (lav/ of 1830). 

432 Edwards v. Jagers, 19 Ind. 407 (1862). 



88 TIPPECANOE COUNTY 

The Constitution of 1851 further provided that the prin- 
cipal of the common school fund must remain a perpetual fund 
and be invested so that it might increase but never diminish; 
and that the interest earned by the fund might be expended 
for the support of the common schools and for no other pur- 
pose. The general assembly was required to invest all funds 
that were not already under the supervision of the counties, 
and was directed to provide lawg for the distribution of the 
interest to the counties. 4SS 

The school funds managed by the county are kept by the 
county auditor in three separate accounts: (a) The common 
school fund; (b) the Congressional township fund; and (c) the 
permanent endowment fund of Indiana University. The latter 
fund was derived from a tax levy of one-half of 1 cent on 
each $100 of taxable property for the years 1883 through 1895, 
and was distributed among the several counties according to 
population. Loans from these three funds are made by the 
county school fund board. Each county is held liable for 
the preservation of the funds entrusted to it, and for the 
payment of the annual interest. The interest on the Con- 
gressional township fund remains in the township and is dis- 
tributed to the school township and the school cities and 
school towng therein. The basis of this distribution is the 
average daily attendance of school children in these school 
corporations. The interest on the Congressional township 
fund and the interest on the common school fund are treated 
as a combined fund for the purpose of computing the appor- 
tionment and distribution of the common school fund, which 
is distributed from the state treasury to the counties on the 
basis of average daily attendance therein. The amount re- 
ceived by each county from the common school fund is appor- 
tioned by the county auditor to the townships, school cities, 
and school towns within the county on the basis of average 
daily attendance. The amount of revenue received by a school 
corporation from the Congressional township fund is credited 
on the amount apportioned to such school corporation under 
the combined fund. The interest on the common school fund 
and Congressional township fund is used for the support of 
the common schools in the school corporations participating 
therein. Tippecanoe County (including Lafayette and West 
Lafayette) received $15,918 for the school year 1939-40 from 



48S Con£. 1851. art. 8. sees. 3-5. Acts 1865; Burns 28-101; Baldwin 6499. Acts 1907; 
Burns 28-102; Baldwin 6500. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 89 

this source. The interest on the permanent endowment fund 
of Indiana University is paid to the state treasurer, and he 
pays it to the trustees of Indiana University. 

The interest on the school funds aforesaid is supple- 
mented by other funds provided by the general assembly 
for the public schools. From the general fund, the state 
supplies the county with tuition support of not less than 
$700 annually for each teaching unit of S5 pupils in average 
daily attendance in grades 1 to 8 , and for each unit of 25 
pupils in average daily attendance in grades 9 to 12. This 
fund is known as the "school tuition support fund.' 1 ° 5 The 
total amount received by Tippecanoe County (including Lafa- 



Const. 1851, art. 8, sees. 2-7. Acts 1907; Burns 23-102; Baldwin 6500, Acts 1865; 
Burns 28-104, 28-105; Baldwin 6499-1, 6511, Acts 1865, 1873, 1897; Burns 28-1003, 28-1019; Baldwin 
6485, 6496. Acts 1865, 1893, 1932 (Spec. Sess.), 1933; Burns 28-1013; Baldwin 6490, Board of County 
Comrs. v. Michener, 120 Ind. 442, 22 N. E. 339 (1889). Report of the State Superintendent of Public 
Instruction. 1939-40, pp. 18, 20, 38. Information obtained from E. P. Brennan, state examiner, 
on February 26, 1941, by Emerson Brock. See the essay entitled "County School Fund Board." 

Permanent endowment fund of Indiana University. Acts 1897; Burns 23-5542 to 28-5545; 
Baldwin 69C8 to 6911. Acts 1883; Burns 28-5579; Baldwin 6956, Fisher v. Brower, 159 Ind. 139, 
64 N. E. 614 (1902). 

485 Acts 1933, 1935, 1937; Burns, 1940 suppl., 28-1001 to 28-1003;. Baldwin, 1937 suppl., 6502 
to 6504. 

° Report of the State Superintendent of Pud lie Instruction, 1939-40, pp. 18, 20, 38. 

437 Acts 1935, 1939; Burns, 1940 suppl., 12-811; Baldwin, 1939 suppl., 3764-40f. Acts 1865, 
1893, 1932 (Spec. Sess.), 1933; Burns 28-1013; Baldwin 6490. 

Report of the State Superintendent of Public Instruction, 1939-40, pp. 18, 20, 38. 



90 TIPPECANOE COUNTY 



nd 
in 



received by each county is retained for its general fund, 
the remainder is distributed to the school taxing units 
the county on the basis of assessed valuation of real prop- 
erty in the several units. 4,39 For the school year 1939-40 
Tippecanoe County and the school taxing units therein re- 
ceived $17,675.54 from this source. 440 

In 1933 the common school relief fund was established 
e of aiding schools to continue in operation. 

sach $10 of 




its need 

certificate to the state 
board of education, 443 and this board and the state board of 
accounts must examine the certificate and decide on the 
amount to be allotted to the school unit. 444 The money re- 
ceived must first be used to pay any unpaid items of oper- 
ating expenses which accrued before the making of such ap- 
plication; and any surplus must be used for the operating 
expenses of the current school year. 4 " 5 Tippecanoe County 
received $5,680.51 from this fund for the school year of 



439 Acts 1933; Burns 64-922; Baldwin 15920. 

■14 

Report of the Stale Superintendent of Public Instruction, 1939-40, pp. 18, 20, 38. 

441 Acts 1933; Burns 28-901; Baldwin 6431. 

442 Acts 1933; Burns 28-903; Baldwin 6433. 

443 Acts 1933; Burns 28-904; Baldwin 6434. 

444 Acts 1933; Burns 28-905; Baldwin 6135. 

445 Acts 1933, 1935; Burns, 1940 suppl., 28-907; Baldwin, 1935 suppl., 6437. Opinions of the 



Attorney General of Indiana, 1939, p. 197. 
446 

44 7 



6 Report of (he State Superintendent of Public Instruction, 1939-40, pp. 18, 20, 38. 



Acts 1913, 1919; Burns 28-4902; Baldwin 6448. Report of the State Superintendent of Pub- 
lie Instruction, 1939-40, pp. 18, 20, 38. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 91 

made for certain disbursements therefrom, was distributed 
for the schools of the county in the same manner the "common 
school revenue of such county" was distributed. A 1937 law 
provides that any money in the "state dog account" in excess 
of $50,000 remaining after certain annual distributions there- 
from must be transferred by the auditor of state to the "state 
school revenue fund." 8 

The total amount received by Tippecanoe County (includ- 
ing Lafayette and West Lafayette) to be used for school pur- 
poses from the above mentioned sources for the school year 
1939-40 was $239 , 140 . 48 . 4 4 9 

The school cities, towns, and townships may levy prop- 
erty taxes and poll taxes 450 for the following school pur- 
poses: Renting, repairing, and constructing schoolhouses; 
furnishings, apparatus, fuel, tuition, and other current ex- 
penses; - to enforce compulsory education and keep poor 
ehildrenin school;" 5 " to provide rooms and equipment for the 
teaching of agriculture, home economics, physical culture, 
and practical mental culture; 4 ' establ ishment of vocational 
schools; 5 " and for the retirement of school bonds.' Local 
taxation produced $838,322 for educational purposes in Tip- 
pecanoe County (including Lafayette and West Lafayette) in 
1939-40. 45 6 



ORGANIZATION 

There are two major types of school organizations: 
(a) County schools; and (b) town and city schools. The 
"county schools" are, in reality, township schools and are 
operated by the township trustees several ly . The town and 
city schools are operated in & similar manner by school 
boards composed of three members appointed by the board of 
town trustees or the city council, respectively.* All 



448 Acts 1927, ch. 176, sec. 10. Acts 1929, ch. 58, sec. 1. Acts 1935, ch. 271, sec. 4. 



Acts 1937; Burns, 1940 suppl., 16-326, 16-327; Baldwin, 1937 suppl., 3811-10, 3811-11. Finerty v. State 
ex rel. School City of Gary, 213 Ind. 470, 12 N. E. (2d) 941 (1938). 

9 Report of the State Superintendent of Public Instruction, 1939-40, pp. 18, 20, 38. 



450 Acts 1919; Burns 64-101; Baldwin 15514, 

451 Acts 1865, 1873, 1905, 1917; Burns 28-1101; Baldwin 6442. 

452 Acts 1921; Burns 28-513; Baldwin 6706. 
458 Acts 1913; Burns 23-3421; Baldwin 6468. 

454 Acts 1913, 1919; Burns 28-4902; Baldwin 6448. 

455 Acts 1937; Burns, 1940 suppl., 28-3218; Baldwin, 1937 suppl., 6623-11, 

4 5 6 

Report of the State Superintendent of Public Instruction, 1939-40, pp. 18, 20, 38. 

457 Acts 1905, 1915, 1919; Burns 28-1201; Baldwin 5962. 



92 TIPPECANOE COUNTY 

pub'lic schools are under the control of the legislature. 
Local government units act only as legislative agencies in 
the operation of schools. 453 

The county superintendent of schools, who is elected 
by the township trustees, has charge of each township insti- 
tute, aids the trustees in the supervision of the township 
schools, and carries out all orders and instructions of the 
state superintendent of public instruction and the state 
board of education. He has no supervision of city or town 
schools. 459 

The township trustees, the county superintendent of 
schools, and the chairman of the board of school trustees 
of each city and town in the county compose the county board 
of education. The city and town school trustees (other than 
the chairman of the board) may attend the meetings of the 
county board of education but have no vote in the proceed- 
ings. The county board of education meets semiannually to 
consider the general needs of the schools."^ 6 ' 

The local school systems are closely supervised by the 
state board of education, with the state superintendent of 
public Instruction as its administrative head.^ 6j One of 
the most important functions of the state board of education 
is the issuing of teachers' licenses. These are graded accord- 
ing to the kind and amount of training and experience of the 
licensee. 62 The state board of education provides for the 
inspection of schools,^ 60 establishes a uniform schedule of 
textbooks, 6 and prescribes an accredi ted course of instruc- 
tion for teacher training. 55 



* b b Anderson v. Brand, 214 Ind. 347, 5 N. E. (2d) 533, 913, 7 N. E. (2d) 777, 13 N. E. (2d) 
955 (1938). 

459 Acts 1899, 1911, 1913; Burns 23-702, 28-704, 28-705; Baldwin 5931, 5938, 5940. State ex 
rah Nebeker v. Sutton, 99 Ind. 300 (1884); State ex rel. Drummond v. Dillon, 125 Ind. 65, 25 N. E. 
136 (1890). See the essay entitled "County Superintendent of Schools." 

460 Acts 1873, 1877; Burns 28-801; Baldwin 5983. Information obtained from Grover Van 
Duyn, assistant state superintendent of public instruction, on July 26, 1939, by W. Davis Hamilton. 
See the essay entitled "County Board of Education." 

461 Acts 1865; Burns 28-301, 28-302; Baldwin 5890. 5891. Acts 1913; Burns 28-401; Baldwin 
59C6. Acts 1^39; Burns, 1940 suppl., 28-401a; Baldwin, 1939 suppl., 5906-1. 

2 Acts 1S65; Burns 28-404; Baldwin 5920. Acts 1923; Burns 28-4201 to 28-4217; Baldwin 

Acts 1921; Burns 28-304, 28-305; Baldwin 6048, 5939. 



5912 to 59?8. 
463 



464 Acts 18S9. 1909, 1917; Burns 28-601; Baldwin 6675. 

465 Acts 1923; Burns 28-4205; Baldwin 5916. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 93 

Except as otherwise provided hereinafter, every child 
between the age of 7 and 16 years must attend "public school 
or other school taught in English language which is open to 
the inspection of local and state attendance and school offi- 
cers"; and the child must attend "such a school each year dur- 
ing the entire time the public schools are in session in the 
school district in which such child resides." A child will 
be excused for 1 year on a certificate of a physician that 
the child is physically or mentally unfit for school attend- 
ance. Children who are deaf or blind may be sent to the 
Indiana State School for the Deaf or the Indiana State School 
for the Blind. The judge of the circuit court, when sitting 
as a juvenile court, may suspend the provisions of the compul- 
sory attendance law in cases of juveaile delinquents and 
incorrigibles, and may make special provisions for their educa- 
tion, such as placing them in special private schools or in 
the state correctional schools (Indiana Boys School and In- 
dustrial School for Girls). 466 

Whenever colored children reside in any school corpora- 
tion, the school trustee or trustees may establish separate 
schools for them. These schools must provide rights, privil- 
eges, and advantages equal to those in the other schools in 
the corporation. If no such school is available, colored 
children must attend the public sehools with white children. 
Colored schools are represented on the state board of education 
by the required presence of one member of the negro race. 

In 1918 the general assembly first provided that school 
corporations might establish vocational schools or departments 
for industrial, agricultural, and home economics education. 
These courses are established in a manner approved by the 
state board. of education, and are maintained by the regular 
school funds or by a special tax levy.' 69 Classes may be 
held during the day or evening. The instruction is of less 
than college grade, but designed to meet the needs of persons 
over 14 years of age. 470 



466 Acts 1903, 1913, 1931, 1935, 1937; Burns, 1940 suppl., 9-2801; Baldwin, 1937 suppl., 1759. 
Acts 1903, 1905, 1907, 1913; Burns 9-2814; Baldwin 1761. Acts 1921; Burns 28-505; Baldwin 6698. Opin- 
ions of the Attorney General of Indiana. 1939, p. 322. 

7 Acts 1869 (Spec. Sess.), 1877, 1935; Burns, 1940 suppl., 28-5104; Baldwin, 1935 suppl.. 

Acts 1939; Burns, 1940 suppl., 28-401a; Baldwin, 1939 suppl., 5906-L 
Acts 1913, 1919; Burns 28-4902; Baldwin 6448, 
Acts 1913, 1919; Burns 28-4903; Baldwin 6449. 



6012. 

46 8 

469 



94 TIPPECANOE COUNTY 

. Township trustees may furnish free transportation of 
pupils to and from township schools. If such transportation 
is provided, free transportation must also be furnished along 
the regular route for pupils attending parochial schools. If 
a township school is discontinued without being consoli- 
dated with a town school or city school, the township trustee 
must assign the pupils to another school and furnish trans- 
portation for those who live more than 1J^ miles from the 
school to which they are assigned. In case of consolidation 
of a township school with a town school or city school, 
transportation must be furnished for all pupils who live 
more than one-half mile outside the corporate limits of the town 
or city in which the consolidated school is located. 471 

Public Health 

The Indiana State Board of Health closely supervises 
and directs all local public health activities. 472 Public 
health services are administered in Tippecanoe County by a 
part-time health officer. He is appointed by the board 
of commissioners, subject to approval by the state board. 
The state board of heal th i s composed of several bureaus which 
perform many services for the local health officers. Some 
of these bureaus furnish laboratory services such as inspec- 
tion of dairy products, analysis of water, food, and drugs, 
and making of bacteriological and pathological tests. 474 

The educational facilities offered by the state board 
are many. Literature, lectures, lantern slides, and motion 
picture films are available for use in schools and clubs or 
organizations desiring information on public health. These 



471 Acts 1917, 1921; Burns 28-1220, 28-1228; Baldwin 6197, 6206. Acts 1925; Burns 28-1231, 
28-1241; Baldwin 6208, 6218. Acts 1929; Burns 28-1242, 28-1252; Baldwin 6219, 6229. Acts 1335; Burns, 
1940 suppl., 28-1266, 28-1274; Baldwin, 1935 suppl., 6230-1, 6230-9. Acts 1907, 1909, 1935, 1937; Burns. 
1940 suppl., 28 2803; Baldwin, 1937 suppl., 6251, Acts 1921, 1933; Burns 28-2805; Baldwin 6266. 
Acts 1927; Burns 28-3504; Baldwin 6079. Acts 1917; Burns 28-3801; Baldwin 6271. Acts 1937; Burns, 
1940 suppl., 28-3810; Baldwin, 1937 suppl., 6266-1. Opinions of the Attorney General of Indiana, 1939, 
pp. 25, 74. 91, 366. 

472 Acts 1891, 1909; Burns 35-105, 35-106; Baldwin 8390, 8391. 

473 Acts 1935; Burns, 1940 suppl., 35-118, 35-123; Baldwin, 1935 suppl., 8404-1, 8404-6. 
See the essay entitled "County Health Officer." 

474 Acts 1921; Burns 22-203; Baldwin 4141. Acts 1919; Burns 35-214; Baldwin 8428. Acts 
1905; Burns 35-302; Baldwin 8394. 

Test for rabies. Acts 1935; Burns, 1940 suppl., 35-711; Baldwin, 1935 suppl., 3863-1. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 95 

facilities may be obtained from the bureau of health and phy- 
sical education, the bureau of communicable diseases, and the 
bureau of venereal diseases. 

The state board of health distributes insulin, pneu- 
monia serum, diphtheria toxoid, smallpox virus, and typhoid 
bacterins to physicians for indigent patients. 476 

Health laws provide that public water supplies must be 

4 7 7 

inspected by the state board of health; that manufacturing, 
storage, and retail establishments dealing in foodstuffs must 
maintain certain standards of sanitation and cleanliness; 
that dwellings which are unsanitary, unsafe, unheal th-ful , or 
rendered uninhabitable by "the existence on the premises of 
a nuisance likely to cause sickness" among the occupants 
must be properly inspected and ordered vacated; that 
health officers must ascertain the existence of rat infesta- 
tions, order their extermination, and recommend methods of 
extermination. 4 8 c 

Food and drug products are inspected in the state labor- 
atory for adulteration or misbranding. 481 Dairy products 
are tested for butterfat content and weight. 482 

Contagious diseases must be reported to the state board 
and proper ly quarantined by the heal th of f i cer . 4 8 All eases 
of tuberculosis and leprosy must be reported to the state 
board of health as soon as they are diagnosed. The state 
board has jurisdiction to direct the care and disposition of 
lepers. 485 

All birth certificates must show that the attendant at 
such birth took the proper precautions to prevent opthalmia 



475 Acts 1891, 1909; Burns 35-106; Baldwin 839L Information obtained from Dr : Verne 

K. Harvey, director of the state board of health, on August \7, 1939, by W. Davis Hamilton. 

6 Acts 1907, 1919, 1929, 1935, 1939; Burns, 1940 suppl., 35=701 to 35-703, 35=730, 35-712; 

suppl., 13392 to 13394, 13395-1; Baldwin, 1939 supp 

Acts 1909; Burns 35-202, 35-203; Baldwin 8411, 8412. 



Baldwin, 1935 suppl., 13392 to 13394, 13395-1; Baldwin, 1939 suppl., 13395-2 
4 7 7 



4 7 8 Acts 1909; Burns 35-1001, 35-1009; Baldwin 8504, 8512. Acts 1919; Burns 35-1101, 35- 
1103; Baldwin 6514, 8516. 

479 Acts 1917; Burns 35-1801; Baldwin 8563. 

8 ° Acts 1913; Burns 35-1601, 35-1602; Baldwin 8570, 8571. 
48 Acts 1905; Burns 35-302; Baldwin 8394. Acts 1907; Burns 35-1201; Baldwin 8432. Acts 



1939, ch. 38. 

482 



Acts 1913; Burns 35-1301; Baldwin 8455, 

483 Acts 1903; Burns S5-401, 35-403; Baldwin 8531, 8533. 

484 Acts 1917; Burns 35-601, 35-602; Baldwin 8402, 8552. 

485 Acts 1917; Burns 35-501 to 35-503; Baldwin 8543 to 8545. 



96 TIPPECANOE COUNTY 

neonatorum (the disease causing infant blindness). 486 If 
an infant's eyes show any sign of infection within 2 weeks 
after the date of birth, a written report thereof must be made 
to the health of f icer w i thin 6 hours after such discovery. 48 

All persons applying to the clerk of the circuit court 
for a marriage license must present a certificate from a 
licensed physician stating that the applicant is not infected 
with communicable syphilis. Before giving such cer ti f icate , 
the physician must have a blood specimen of the applicant 
examined by the laboratory of the state board of health or a 
laboratory approved by the board. The test must be made 
not more than 30 days before the application for a license. 
The judge of the circuit court may waive these requirements 
at any time in case of "emergency or other causes shown by 
affidavit or other proof." 488 

The county heal th of f icer enforces the state health laws 
and the regulations of the state board of health; promotes 
health education; collects vital statistics; makes periodic 
reports to the state board of health; and keeps records of 
these reports in his recerd books. ^ 8 9 

Counties have statutory authority to construct and main- 
tain public hospitals, } but conditions prevailing in Tip- 
pecanoe County have not required a county hospital. 



VITAL STATISTICS 

In Indiana the collection ©f vital statistics is super- 
vised by the bureau of vital statistics of the state board of 
health. 491 The county health officer makes the collection 
©f local data on forms supplied by the state board ©f health, 
and periodically delivers reports of all records to the state 
board. The health officer collects statistics of births, 
deaths, marriages, and communicable diseases. Physicians, 
midwives, the clerk of the circuit court, and all responsible 
householders are required to report to the county health of- 
ficer the facts needed for such statistics. 49 Physicians 

486 Acts 1911; Burns 35-901; Baldwin 8558, 

487 Acts 1911; Burns 35-903; Baldwin 8560. 

488 Acts 1939; Burns, 1940 suppl., 44-213; Baldwin, 1939 suppl., 5624-1. 

489 Acts 1935; Burns, 1940 suppl., 35-118, 35-122, 35-123; Baldwin, 1935 suppl., 8404-1, 6404- 
5, 8404-6. 

490 Acts 1917, 1919, 1921, 1925, 1927; Burns 22-3215; Baldwin 4517. Acts 1903, 1939; Burns, 
1940 suppl., 22-3201; Baldwin, 1939 suppl., 4507. 

491 Acts 1907, 1913; Burns 35-116; Baldwin 8399. 

492 Acts 1881, ch. 19, sec. 11. Acts 1891, ch. 15, sec. 11. Acts 1907, 1913; Burns 35-115; 
Baldwin 8398. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 97 

must report certain communicable diseases direct to the state 
board of health. 495 

All birth reports are to be made to the health officer 
within 36 hours after birth. Stillbirths of7-months gesta- 
tion and over arc reported as births and deaths. A child 
that lives and breathes after birth, no matter how brief the 
period, and regardless of the period of gestation, is a liv- 
ing child; and if he thereafter dies, his birth, and death 
must be reported and recorded. 494 

Deaths are recorded as soon as possible, because a body 
must not be buried until a burial permit has been issued by 
the health officer in charge, and burial permits are not is- 
sued until the death certificate is completed. If death has 
occurred by means of violence or criminal practices, the 
death notice is referred to the coroner. Burial may be made 
anywhere in the state regardless of the county in which the 
permit is issued. When a death occurs outside the state, 
and the body is brought into the state for interment, the 
burial permit must be based on the transportation permit, 
and no record of the death is required. '' The burial 
permit is preserved with the records of the cemetery. 

Certified copies of the official records of births and 
deaths are furnished by the secretary of the state board of 
health on request of any applicant. Courts and public offi- 
cials will receive these copies as proof of the facts stated 

j.1. • 4 9 7 

there in. . ■ ' 

The clerk of the circuit court issues all marriage li- 
censes, and makes a monthly report to the county health officer 
showing marriage statistics. The health officer records each 
marriage in his record book, and sends a quarterly report to 
the state board of health. Every marriage must be reported 
on an official blank, by the person performing the ceremony, 
within 3 days after the occurrence thereof, to the clerk of 
the circuit court of the county where the license was issued. 
The clerk keeps a record of each reported marriage, and will 



10, p. 13. 



3 Indiana State Board of Health, Booli of Instructions to Health Authorities (1931), Rule 

494 Acts 1907, 1911, 1913; Burns 35-115, 35-116, 35-901; Baldwin 8398, 8399, 8558. State 
board of health, ep. clt., Rule 4, p. 10, 

495 Acts 1907, 1913; Burns 35-115; Baldwin 8398. State board of health, op. eit., Rule 3, 
p. 9. 

Acts 1939; Burns, 1940 suppl., 20-1021; Baldwin, 1939 suppl., 4617-21. 
4 9 7 Acts 1907, 1913; Burns 35-116; Baldwin 8399. 



98 TIPPECANOE COUNTY 

furnish a certified copy thereof on request of any applicant. 
Courts and public officials will receive these copies as proof 
of the facts therein stated. 498 

Weekly reports, on printed forms provided by the United 
States Public Health Service, summarizing all communicable 
diseases or stating the absence thereof, are made by the local 
health officers to the state board of health. 499 

The heads of all public and private institutions, such 
as hospitals, poor asylums, and places- of confinement, are 
required to keep all statistics concerning the inmates and 
make reports directly to the state board of health as required 
by the board. 500 

Welfare Assistance 

An important public service is the administration of 
the Public Welfare Act by the county department of public 
welfare, under the supervision of the Indiana State Depart- 
ment of Public Wei fare. 501 

A recipient of old-age assistance must be at least 65 
years old; must be a citizen of the UnitPd States; must have 
lived in the state for 5 years out of the last 9, the last year 
contiguously; must be in need; must not be an inmate of a mu- 
nicipal, state, or national institution; and, within the 5 
years immediately before his application, must not have trans- 
ferred his property to render himself eligible for assist- 
ance. He must reveal all. property and income in which he 
has an interest, 50 agree to reimburse the county for assist- 
ance given him, and assign as collateral security such part of 
his personal property as the county department of pub lie welfare 
may require. After an investigation the county department 



498 Acts 1881, ch. 19, sec. 11. Acts 1891, ch. 15, sec. 11. Acts 1907, 1913; Burns 35-115; 
Baldwin 8398, Acts 1905, 1917; Burns 44-205; Baldwin 5525. 1 Rev. Stat. 1852; Burns 44-303; Bald- 
win 5634. State board of health, op. cit., Rule 5, p. 11. 

Injunction against illegal issuance of license. Sweigart v. State, 213 Ind. 157, 12 N. E. 
(2d) 134 (1938). 



p. 11. 



499 Acts 1907, 1913; Burns 35-115; Baldwin 8398. State board of health, op. cit.., Rule 6, 

600 Acts 1907, 1913; Burns 35-117; Baldwin 8400. 

5 1 

See the essay entitled '"County Department of Public Welfare." 

502 Acts 1936 (Spec. Sess.). 1937; Burns, 1940 suppl., 52-1201; Baldwin, 1937 suppl., 14078-32. 

03 Acts 1936 (Spec. Sess.); Burns, 1940 suppl., 52-1204; Baldwin, 1937 suppl., 14078-35. 
504 Acts 1936 (Spec. Sess.); Burns, 1940 suppl., 52-1213; Baldwin, 1937 suppl., 14078-44. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 99 

may grant him assistance, never exceeding $30 a month. 
A copy of the certificate of award is filed in the office of 
the recorder, and constitutes a lien on any real property 
which the pensioner then owns or subsequently acquires. 
With the consent of the state department of public welfare, 
the county department may demand a transfer of all property 
he owns, on the sole condition that if assistance it suspended 
or if he dies the property will revert to him or his estate, 
subject to a lien for sums the state has paid to hirn. 5 "' 

A blind person (his better eye having a disqualifying 
visual field defect or vision of not more than 2 0/200 with 
correcting g 1 a s s e s ) , to receive state assistance, m u s t be 21 
years old or over if a male &n& 18 years or over if a female; 
must be a citizen of the United States; must have lost his 
eyesight while a resident of the state or have lived in the 
state 5 of t h e 1 a s t 9 years, the las fc y ear c o n t i n u o u s 1 y ; must 
be in need; must not be an. inmate ©f a municipal, state, or 
national institution; must not have transferred his property 
within the 5 years immediately before his application for 
the purpose of rendering himself eligible for assistance; and 
must not solicit alms while receiving assistance. 5 The 
amount he receives is determined by the .county department 
after an investigation of his needs 5 ' and never exceeds $30 
a month " except as temporary assistance is given for t r e a t - 
m e n t of his eyes. " 1 " Blind children, may be sent to the 
school for the blind near Indianapolis. 1 

A dependent child must have lived in the state 1 year 
preceding his application for assistance or have been born 
within the state during the jenr , his mother having resided 
in the state 1 year before his birth.' The' x i rst dependent 
child may receive $20, the second child $18, and each addi- 



505 Acts 1936 (Spec. Sess.); Burns, 1940 suppl., 52-1203; Baldwin, 1937 suppi., 14078-34. 

506 Acts 19.36 (Spec. Sess.); Burns, 1940 suppl., 52-1207; Baldwin, 1937 suppl., 14078-38. 

507 Acts 1936 (Spec. Sess.); Burns, 1940 suppl., 52-1214; Baldwin, 1937 suppl., 14078-45. 
503 Acts 1936 (Spec. Sess.), 1937; Burns, 1940 suppl., 52-1001, 52-1221; Baldwin, 1937 suppl., 



14078-1, 14078-52. 



5 ° 9 Acts 1935 (Spec. Sess.); Burns, 1940 suppl. , 52-1225, 52-1227; Baldwin, 1937 suppl., 



14078-56, 14078-58 
5 10 



Acts 1936 (Spec. Sess.); Burns, 1940 suppl., 52-1223; Baldwin, 1937 suppl., 14078-54. 
5 12 



5 l l Acts 1936 (Spec. Sess.); Burns, 1940 suppl., 52-1236; Baldwin, 1S37 suppl., 14078-67. 



Acts 1365; Bums 22-601 et seq.; Baldwin 4560 et seq. 
513 Acts 1935 (Spec. Sess.), 1937; Burns, 1940 suppl., 52-1240, 52-1268; Baldwin, 1937 suppl,, 
14078-71, 14078-97b. 



100 TIPPECANOE COUNTY 

ti6nal child $12 a month. 514 A destitute child (needy but 
not a public ward) 5 5 may receive as much as $23 a month, * 
and is eligible for any other relief he may require. Crip- 
pled children maybe placed in any public or private hospital 
or be sent to the Ri ley Hospi tal at Indianapolis. 5 " 8 Diseased 
and defective children may be placed in any public hospital 
in the county by the judge of the circuit court. 5 Orphan, 
dependent, and neglected children under 16 vpars of age are 
placed in private homes under the supervision of the county 
department of public welfare. 520 

No official, in earning out the provisions of the Wel- 
fare Act, may take charge of a child over the objection of 
a parent or a persoa standing in loco parentis to the child, except 

5 2 1 • 

pursuant to a court order. Persons receiving aid under 
the Welfare Act are ineligible for other public relief. 52 * 
Assistance is not transferable, is not subject to legal pro- 
cess, and is not an asset in bankruptcy or insolvency pro- 
ceedings . 5 23 

When a recipient of welfare assistance moves to another 
county in the state with the approval of the state department, 
there is no suspension of his assistance. The county to which 
a blind person moves is responsible immediately for the pay- 
ment of his assistance. In case of the removal of a child 
or aged person, the county from which he moves is responsible 
for 1 year and then the other county becomes responsible. 5 



97L. 



514 Acts 1936 (Spec. Sess.); Burns. 1940 suppl., 524241; Baldwin, 1937 suppl., 14078-72. 
5 l 5 Acts 1937; Burns, 1940 suppl., 52-1267; Baldwin, 1937 suppl., 1407S-97a. 

516 Acts 1936 (Spec. Sess.), 1937; Burns, 1940 suppl.. 52-1269; Baldwin. 1937 suppl., 14078 97c. 

517 Acts 1936 (Spec. Sess.), 1937; Burns, 1940 suppl., 52-1278; Baldwin, 1937 suppl., 14078- 

518 Acts 1936 (Spec. Sess.); Burns, 1940 suppl., 52-1256; Baldwin, 1937 suppl., 14078-87. 
5 X 9 Acts 1933; Burns 52-501; Baldwin 5700. 

520 Acts 1936 (Spec. Sess.) s 1937; Burns, 1940 suppl., 524104(c); Baldwin, 1937 suppl., 
14078-5(c). Information obtained from Thurman A. Gottschalk, chief administrator of the state 
department of public welfare, on December 11, 1939, by W. Davis Hamilton. 

Validity of regulations as to bringing nonresident children into the state for care by res- 
ident families. Opinions of the Attorney General of Indiana, 1939, p. 264. 

52 l Acts 1936 (Spec. Sess.); Burns, 1940 suppl.. 52-1417; Baldwin, 1937 suppl., 14078-130.. 

032 Acts 1936 (Spec. Sess.); Burns, 1940 suppl., 52-1202; 52-1222; Baldwin, 1937 suppl., 
14078-33, 14078-53. 

5 2 3 Acts 19:6 (Spec. Sess.); Burns, 1940 suppl., 52-1210, 52-1231; Baldwin, 1937 suppl., 
14078-41, 14078-62. 

5 24 Acts 1936 (Spec. Sess.); Eurns, 1940 suppl., 52-1218, 52-1239, 52-1243; Baldwin, 1937 
suppl., 14078-49, 14078-70, 14078-79. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 101 

If an aged or blind person entitled to assistance under 
the Welfare Act is unable to care for himself, the county 
department pays his relief money to some responsible person 
for his benefit. 5 " If a. blind or a g e d recipient of relief 
dies leaving an estate insufficient to bury him, and the 
persons legally responsible for his burial are unable to pay 
the expenses, the county department pays $75 for his funeral, 
plus an additional $25 for a burial lot (if the deceased did 
not own one ) . 5 5 

An appeal may be taken from the county department to 
the state department of public welfare. 5 Nothing in the 

Welfare Act relieves any person from liability for the sup- 
port of a parent, child, or spouse. 5 " 8 

The county maintains an asylum for the poor, which is 
separate from the welfare department. 5 ^' Pauper residents 
of the county may be placed therein by township trustees. 
Nonresident paupers may be kept there temporarily. The 

law provides that children between the ages of S and 17 
shall not be kept in the asylum for a period longer than 80 
days. 632 

Township poor relief is administered by each township 
trustee. Anyone refused relief by a township trustee has 



5 2 5 Acts 1936 (Spec. Sess.); Burns, 1940 suppl., 52-1208, 52-1229; Baldwin, 1937 suppl., 
14078-39, 14078-60. 

526 Acts 1936 (Spec. Sess.); Burns, 1940 suppl., 52-1209, 52-1230; Baldwin, 1937 suppl., 
14078-40, 14078-61. 

Burial of inmates of county infirmary. Opinions of the Attorney General of Indiana, 1939. 
p. 179. 

5 27 Acts 1936 (Spec. Sess.); Burns, 1940 suppl., 52-1211, 52-1232, 52-1246; Baldwin, 1937 
suppl., 14078-42, 14078-63, 14078-77. 

528 Acts 1936 (Spec. Sess.); Burns, 1940 suppl., 52-1263; Baldwin, 1937 suppl., 14078-94. 
Parent's duty to support child. Huff v. Merchants Parcel Delivery Co., 106 Ind. App. 110, 

18 N. E. (2d) 471 (1939). 

529 Cons!:. 1851, art. 9, sec. 3. 1 Rev. Stat. 1852; Barns 52-201; Baldwin 13360. Acts 1935; 
Burns, 1940 suppl., 52-146; Baldwin, 1935 suppl., 13320-3. 

5 S ° 1 Rev. Stat. 1852; Burns 52-201; Baldwin 13360. Acts 1935; Burns, 1940 suppl., 52-146, 
52-151; Baldwin, 1935 suppl., 13320-3, 13320-8. 

531 Acts 1935; Burns, 1940 suppl., 52-163; Baldwin, 1935 suppl., 13320-20. 

532 Acts 1897, 1901; Burns 22-2608; Baldwin 4388. 

533 Acts 1935, 1939; Burns, 1940 suppl., 52-144 to 52-182a; Baldwin, 1935 suppl., 13320-1 to 
13320-38, 13359-11, 13359-12; Baldwin, 1939 suppl., 13320-4, 13320-13. Acts 1937; Burns, 1940 suppl., 
52-183 to 52-194; Baldwin, 1937 suppl., 13321-1 to 13321-11, 13320-39. 



102 TIPPECANOE COUNTY 

a right to a bearing before the hoard of coram i ss i oners 5 ° 4 
and to an appeal from that board to the circuit court. 5 5 
The board of commissioners may borrow for township poor 
relief, if the funds available are not sufficient. The town- 
ship funds are used for paying these loans. 5 "" 6 

Public Works and Property 

The board of commissioners has power to make orders 
respecting the property of the county in conformity to law; 
to sell the public grounds of the county on which public 
buildings are situated, and to purchase in lieu thereof, in 
the name of the county, other grounds in the county seat on 
which such buildings shall be erected; to purchase other 
lands for the enlargement of the public square, and to take 
care of and preserve such property; and to grant licenses, 
permits, or franchises with respect to the use of the prop- 
erty of the county. No sale, conveyance, or purchase, 
by the board, of real estate of the value of $1,000 or more 
can take place except pursuant to ordinance of the county 
council authorizing such sale or purchase and fixing the 
terms and conditions thereof.' The board cannot sell 
county property, real or personal, except at public, auction 

5 3 9 

after 60 days' notice by publication and posting. 

ROADS AND BRIDGES 

The board of coram i se i oners has power to construct and 
maintain roads 5 ' and br idges . ° ' General ly the preliminary 



534 Acts 1935; Burns, 1940 suppl., 52-160; Baldwin, 1935 suppl., 13320-17. 
5 3 5 1 Rev. Stat. 1852; Burns 26-901; Baldwin 5276. 

535 Acts 1935, 1939; Burns, 1940 suppl., 52-604, 52-609, 52-610; Baldwin. 1935 suppl., 13359- 



1. 13359-6; Baldwin, 1939 suppl., 13359-7. 

5 S 7 

5 8 8 



5 3 7 1 Rev. Stat. 1852, Acts 1935; Burns, 1940 suppl., 26-620; Baldwin, 1935 suppl., 5236. 



Acts 1899; Burns 26-534; Baldwin 5399. 

539 Acts 1907; Burns 26-2003; Baldwin 5107. 

540 Acts 1905, 1907; Burns 36-201 et seq.; Baldwin 8756 et scq. Acts 1919; Burns 36-301 et 
seq.; Baldwin 8859 et scq. Acts 1907; Burns 36-401 et seq.; Baldwin 8992 et seq. Acts 1919; Burns 
36-501 et seq.; Baldwin 8879 et seq. Acts 1923; Burns 36-1001; Baldwin 9020, Acts 1905; Burns 36- 
1301 et seq.; Baldwin 8787 et seq. Acts 1921; Bums 36-1401 et scq.; Baldwin 8904 et seq. 

Budget estimates. Bateman v. State, 214 Ind. 138, 14 N. E. (2d) 1007 (1938). 

541 Acts 1905. 1907, 1929; Burns 36-1901; Baldwin 9236. Acts 1905, 1911, 1913; Eurns 36- 
2C01; Baldwin 9191. Acts 1903, 1923; Burns 36-2002; Baldwin 9192. Acts 1920; Burns 36-2 201 et scq.; 
Baldwin 9151 et seq. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 103 

procedure for such construction is as follows: Taxpayers 
file with the board of commissioners a petition requesting 
the improvement; notice of hearing before the board is pub- 
lished; taxpayers opposing the petition file remonstrances; 
viewers appointed by t h a board make inspection and recom- 
mendations; damages to landowners are determined; the peti- 
tion is finally approved or rejected; if approved, a contract 
for the work is let; and the damages are paid. In some 

instances, bonds may be issued for the construction of roads ^ "' 
and bridges, 5 ~ 4 and special assessment liens charged against 
the land benefited by the road, 5 5 

State highways are those roads which have been officially 
designated as sta te highways by the state highway commission 
with the- approval of the governor. State highways and the 
bridges thereon are constructed, reconstructed, and maintained 
with state a n d F e d e r a 1 f u n d s u n d e r t h e s n p e r v i s i o n o f t h e 
state highway commission. Roads not so designated as state 
highways, and those so designated and thereafter abandoned 
hy the state, are known as county roads. County roads and 
the bridges thereon are constructed;, reconstructed, and main- 
tained wi th county funds . The county may render financial 



5 A 9 

*" See the citations in the two preceding footnotes. 

543 Acts 1905; Burns 36-1308; Baldwin 8794. Acts 1921; Burns 36-1435 to 36-1443; Baldwin 
8938 to 8946. Acts 1937; Burns, 1940 suppl., 36-332: Baldwin^ 1937 suppl., 8859-1. 

5 4 4 Acts 1920 (Spec. Sess.); Burns 36-2402; Baldwin 9152. Acts 1957; Burns 36-2421; Bald- 
win 9171. Acts 1929, 1937; Burns, 1940 suppl., 36-2432; Baldwin, 1937 suppl., 9182. Acts 1927; Burns 

36-2441; Baldwin 9128. 

5 45 



r\ct« 1905; Burns 36-1308; Baldwin 8794- Acts 1921; Burns 36-1412 to 36-1414; Baldwin 



8915 to 8917. 

5 4 6 



Acts 1917, ch. 87, sees. 5, 6, 9 5 12, 27, 31. Acts 1919, ch. 53, sees. 12, 16, 23, 31. 
Acts 1933, 1935; Burns, 1940 suppl., 36-107, 36-117, 36-127; Baldwin, 1935 suppl., 8647, 8656, 8665. 
Acts 1933; Burns 36-110, 30-125, 36-1102; Baldwin 8649, 8663, 8700. Acts 1932 (Spec. Sess.); Burns 
36-905; Baldwin 8715. Acts 1937, 1S39; Burns, 1940 suppl., 36-2804, 36-2806; Baldwin, 1937 suppl., 
8695-4, 8695-6; Baldwin, 1939 suppl., 8695-4. Acts 1937; Burns, 1939 suppl., 36-2912, 36-2913, 36-2920, 
36-2921; Baldwin, 1937 suppl., 8696-11, 8696-12, 8696-19, 8696-20. Acts 1939; Burns, 1940 suppl., 36- 
3013; Baldwin, 1939 suppl.. 9175-13. 

Township roads transferred to county road system. Acts 1932 (Spec. Sess.), 1933; Burns 
36-901 to 36-904; Baldwin 8711 to 8714. 

Law transferring township roads to county road system authorized the county to pay 
previous obligations of townships on such roads, but did not require such payment. Board of 
County Comrs. v. Farmers State Bank of Eaton, 104 Ind. App. 692, 10 N. E. (2d) 769 (1937). 

Private road becoming a public road after public use for 20 years. Acts 1905; Burns 36- 
1807; Baldwin 8770. Switzer v. Armantrout, 106 Ind. App. 468, 19 N. E. (2d) 858 (1939). 



104 TIPPECANOE COUNTY 

assistance 'to the state highway comrai as ion in the construc- 
tion or maintenance of any state highway or bridge located 
wholly within the county, and any bridge (on such highway) 
over a stream forming the county boundary. 547 

Expenses incurred in the maintenance of county roads 
may be paid only from funds received by the county from the 
motor vehicle highway account of the state, except that taxes 
may be levied for such purpose by the unanimous vote of the 
county council in ca«e of extraordinary emergency or indis- 
pensable necessity. 548 

The county surveyor ordinarily prepares the plans and 
specifications for the construction of county roads and bridges, 
and has general supervision of such construction. If he is 
not a competent civil engineer, the board may appoint one 
to perform such duties. 549 

The county highway supervisor has general supervision 
of the maintenance and repair of all county roads, bridges, 
and culverts. 550 He makes maps of all county roads, and 
gives each road a name or number, so that the roads may be 
ef f i ci ent ly patrol led for making repairs . 5 5 Be tween January 
1 and April 1 each year the highway supervisor is required 
to examine hedge fences and other obstructions of view near 
county roads, and to cause the trimming or removal of any 
such obstructions which violate the laws. 552 Weeds must be 
cut and removed from the rights-of-way of county roads each 
year between June 15 and September 1. 55S 

The board of commissioners has power to make suitable 
rules and regulations covering traffic on county roads, and to 
take steps necessary to enforce the rules. If such road is 
on a county line, the board of commissioners of the respec- 
tive counties, in joint session, may make and enforce the 
rules. 554 The county surveyor or county highway supervisor 

547 Acts 1923, 1929; Burns 36-136 to 36-141; Baldwin 8672 to 8675, 8678, 8679. 

548 Acts 1932 (Spec. Sess.); Burns 36-905; Baldwin 8715. Acts 1937, 1939; Burns, 1940 
suppl., 36-2804; Baldwin, 1939suppl., 8695-4. Acts 1937; Burns, 1940 suppl., 36-2806; Baldwin, 1937 
suppl., 8695-6. 

5 4 9 1 Rev. Stat. 1852, Acts 1911; Burns 49-3309; Baldwin 5508. 

550 Acts 1933; Burns 36-1102, 36-1110; Baldwin 8700, 8708. 

551 Acts 1933; Burns 36-1109; Baldwin 8707. 

552 Acts 1891, 1921, 1933; Burns 30-301, 30-302; Baldwin 7647, 7648. 

553 Acts 1939; Burns, 1940 suppl., 36-714; Baldwin, 1939 suppl., 8619-1. 

5 5 Acts 1919; Burns 36-706; Baldwin 8899. Information obtained from T. A. Dicus, chair- 
man of the state highway commission, on December 29, 1939, by W. Davis Hamilton. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 105 

may fix the limits of the leads for any road, bridge, or cul- 
vert maintained by the county. 555 

PUBLIC BUILDINGS 

The law provides that the board of commissioners must 
cause a cour t house , jail, a ad public offices for the clerk, 
recorder, treasurer, and auditor to be erected and furnished, 

where this has not been done; and must keep all the public 
buildings of the county in repair; and that such offices 
must be fireproof, if practicable. 556 

For the purpose of acquiring a new courthouse, the board, 
without appraisement and without authority fom the county 
council, may sell to the state any lands of the county con- 
taining public buildings, and buy other land for courthouse 
grounds. The proceeds of sale can be used only for the pur- 
chase of the land and construction of the courthouse. Addi- 
tional funds for such purpose may be raised by issuing bonds 
or notes . 5 5 7 

If the courthouse or jail is wholly or partly destroyed 
by fire or windstorm, it may be reconstructed ©r repaired hy 
the board; bonds may be issued therefor; and a tax may be 
levied to retire the bonds. 553 

County buildings, cot needed by the courts or for county 
business, may be leased to the city or town in which such 
buildings are 1 orated for a term aot exceeding 10 years in 
any one lease, 559 or to private persons or corporations for a 
term a o t exceeding 5 years. 06 

The board may construct and maintain public halls, and 
provide a custodian, janitor, lights, and heat therefor; and 
may join with a citv for such purpose, or sell such halls 
to a city or town. The board, may erect soldiers' monu- 
ments, " memorial buildings, auditoriums, and coliseums.' 
A township schoolhou.se may be used for certain public 



5 5 5 



Acts 1933; Burns 36-1102, 36-1110; Baldwin 8700, 8708. Information obtained from T, A. 



Dicus, chairman of the state highway commission, on December 29, 1939, by W. Davis Hamilton. 
5 5 6 1 Rev. Stat. 1852; Burns 26-624; Baldwin 5240. 

557 Acts 1917, 1920 (Spec. Sess.); Burns 26-2201 to 26-2210; Baldwin 5165 to 5174. 

558 Acts 1935; Bums, 1940 suppl., 26-2011; Baldwin, 1935 suppl., 5240-1. 

559 Acts 1909; Burns 26-1801 to 26-1804; Baldwin 5151 to 5154. 

560 Acts 1919; Burns 26-1805 to 26-1810; Baldwin 5155 to 5160. 

561 Acts 1903, 1913; Burns 26-1901 to 26-1906; Baldwin 5146 to 5150, 5164. 

562 Acts 1865, 1891; Burns 28-1701; Baldwin 5298. 

563 Acts 1913; Burns 26-1707; Baldwin 5132- 



106 TIPPECANOE COUNTY 

meetings, with the consent of the township trustee. 564 A 
school house no longer used as such, because of the abandonment 
of the school or its consolidation with another school, may 
be reconstructed for use as a community house, on application 
of 51 percent of the resident freeholders of the school dis- 
trict. 565 

Contracts for construction of public buildings may be 
let by the board of commissioners in pursuance of appropri- 
ation by the county council, 56 after plans and specifica- 
tions adopted by the board have remainad in the auditor's 
office 30 days open to public inspection, notice inviting 
bids has been published, and bids, affidavits, and bonds have 
been received from bidders. 557 

DRAINAGE 

Drainage districts and special assessment liens on the 
land in the benefited area, to pay for the drainage, may be 
established by the circuit court on petition of landowners, 
after being referred to the county surveyor and viewers ap- 
pointed by the court. 568 The petition will be dismissed if 
owners of two-thirds of the affected land remonstrate within 
20 days. 6 If the original assessment is insufficient to 
complete the work, an additional assessment may be ordered 
after report of the surveyor, notice to the landowners, and 
hearing by the court. 570 After assessments are adjusted and 
confirmed, they are placed on the ditch duplicate and col- 
lected in the manner in which taxes are collected. 5 



564 Acts 1859; Burns 28-3307; Baldwin 6094. Acts 1913; Burns 28-3308 to 28-3311; Baldwin 



6095 to 60P8. Opinions of the Attorney General of Indiana, 1939, p. 172. 

5 65 

5 66 



5 6 5 Acts 1939; Burns, 1940 suppl., 28-3320; Baldwin, 1939 suppl., 6195-1. 



Acts 1899; Burns 26-525; Baldwin 5389. 

567 Acts 1899; Burns 26-357; Baldwin 5402. Acts 1907; Burns 26-2001 to 26-2005; Baldwin 
5100 to 5104. 

568 Acts 1933; Burns 27-104, 27-109, 27-116, 27-134; Baldwin 5740, 5745, 5752, 5770. Penn v. 
Ducomb, 213 Ind. 133, 12 N. E. (2d) 116 (1938). 

569 Acts 1933; Burns 27-108; Baldwin 5744. 

570 Acts 1933; Burns 27-122; Baldwin 5758. 

571 Acts 1933; Burns 27-134; Baldwin 5770. 

The circuit court has no power to collect these assessments as part of the proceedings for 
establishment of the drainage district. Penn v. Ducomb. 213 Ind. 133, 12 N. E. (2d) 116 (1938). 

Proceedings to collect drainage assessment liens cannot be commenced 5 years after crea- 
tion of lien. Marshall v. Watkins, 106 Ind. App. 235, 18 N. E. (2d) 954 (1939). 

Effect of moratorium tax law. Hid. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 107 

The county surveyor has general supervision of the con- 
struction and maintenance of all ditches, drains, and levees. 
He makes all necessary surveys, maps, plans, and specifiea- 

5 7 ° 

tions when a court grants petitions for construction.' 
The law requires that open ditches be cleaned out and re- 
paired biennially, and that weeds, willows, and debris be 
removed therefrom annually, and that public tile drains be 
repaired whenever necessary, 57 " 

The board of commissioners may (by purchase, grants, 
donations, or eminent domain) acquire lands and rights nec- 
essary to obtain a right-of-way for drainage or easement fsr 
sewers, when necessary for the proper maintenance ol any 
county buildings or institution, '" 

OTHER PUBLIC PROPERTY 

The board of commissioners may, without petition, pur- 
chase or otherwise acquire lands within the county for park 
purposes and make the necessary improvements thereon. 5 
If 200 persons, who are taxpayers and voters, petition the 
board to acquire land for park purposes, the board gives 60- 
days' notice by publication and conducts a public hearing on 
the question. If 20 percent of the resident taxpayers file 
remonstrances on or before the day fixed for hearing, the 
petition will be dismissed. The board may acquire land 
to convey to the state for park purposes, on petition of 200 
persons who are taxpayers and voters, after (a) publication 
of 30-davs' notice, (b) public hearing, (c) consent of the 
governor and the director of the state department of conser- 
vation, (d) fixing a tax levy, and (e) issuing bonds (if 
needed). The petition will be dismissed if 2 5 percent of 
the resident taxpayers file remonstrances before the date 
fixed for hearing. 5 7 7 

The board of commissioners may acquire, by purchase or 
gift, any lands within the county for the purpose of a permanent 



5 7 2 Acts 1933; Burns 27-101, 27-201; .Baldwin 5737, 5775, I Rev., Stat. 1352., Acts 3911: 
Burns 49-3309; Baldwin 5508. 

573 Acts 1933, 1935; Burns, 1940 suppl., 27-203, 27-210; Baldwin, 1935 suppl., 5777, 5784. 
Acts 1939; Burns, 1940 suppl., 27-233; Baldwin, 1939 suppl., 5794-9. Opinions of the Attorney General 
of Indiana, 1939, p. 292. 

574 Acts 1937; Burns, 1940 suppl., 26-640; Baldwin, 1937 suppl., 5236-1. 

575 Acts 1923, 1927; Burns 26-1501; Baldwin 5199. 

576 Acts 1923; Burns 26-1503, 26-1504; Baldwin 5201, 5202. 

577 Acts 1927; Bums 26-1512 to 26-1516; Baldwin 5190 to 5194. 



108 TIPPECANOE COUNTY 

public forest. 5 Purchase for such purpose may be made 

on petition signed by 50 or more freeholders of the county, 
after publication of notice, a nublic hearing, and fixing 
a tax levy to pay for the same. Money may be raised by bond 
issue or temporary loan. 57 A gift of lands to the county 
on condition that they may be maintained as a public forest 
can be accented only by a majority of the board of com- 
missioners and county council in joint session. 580 Any ag- 
grievpd taxpayer may appeal to the circuit court. 081 

Swamplands, saline lands, and meander lands, owned by 
the state, may be purchased by the county (acting through 
the board of commissioners) to be used for a public park or 
public forest, or both, on petition to the circuit court, ap- 
praisal of lands, and payment of value. 582 

The board may permit county lands within 1% miles of 
a city or town to be used by such city or town for park pur- 
poses. Title to the land remains in the county. 583 

The board, on petition of a majority of the voters in 
the county, may purchase land to be used for f a irgrounds , E ° * 
and thereafter sell such land or any part thereof, if it is 
no longer an eligible location for fairs. 585 

The county may, separately or in conjunction with an- 
other county or city, acquire, maintain, and dispose of 
airports and appurtenances thereto. 586 

Lands conveyed to the board of commissioners for the 
purpose of a public or private cemetery must be held by the 
board forever in trust for such purpose, 5 subject to the 

exceptions hereinafter stated. The board may convey any 
such public cemetery to any city or town within the vicinity 
thereof on application of such city or t@wn, £88 and may con- 
vey any such public or private cemetery to a cemetery as- 
sociation on petition of a majority of the persons, being 



578 Acts 1929; Burns 32-101; Baldwin 4875. 

579 Acts 1929, 1935; Burns, 1940 suppl., 32-102; Baldwin, 1935 suppl., 4876. 

580 Acts 1929; Burns 32-105; Baldwin 4879. 

5 8 l Acts 1929, 1935; Burns, 1940 suppl., 32-109; Baldwin, 1935 suppl., 488-1. 

582 Acts 1929; Burns 62-217 to 62-225; Baldwin 15260 to 15268. 

5 8 S Acts 1911; Burns 26-1526 to 26-1531; Baldwin 51S1 to 5186. 

584 Acts 1873; Burns 26-1517, 26-15:8; Baldwin 5330, 5331. 

5 8 5 Acts 1873; Burns 26-1519; Baldwin 5332. 

586 Acts 1920 (Spec. Sess.), 1921; Burns 14-301 to 14-306; Baldwin 4021, 7991, 4023 to 4026. 

5 8 7 1 Rev. Stat. 1852; Burns 25-1521; Baldwin 10600. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 109 

residents of the county and heads of families, whose dead 
are buried in the cemetery. 589 

AGRICULTURE AND HOME ECONOMICS 

The constitution provides that improvement of agricul- 
ture shall be encouraged. ° Allowances may be made out 
of the county's general fund to agricultural societies for 
the promotion of agricultural and horticultural interests. 

Tippecanoe County has a county agricultural agent and 
a home demonstration agent, for the improvement of agricul- 
ture, home economics, and rural life. The agricultural agent, 
under the supervision of Purdue University, cooperates with 
farmers institutes, farmers clubs, and other rur&l and civic 
organisations; conducts practical farm demonstrations, boys 
clubs and contest work, and other movements for the advance- 
ment of agricultural and country life; gives advice to farmers 
on practical farm problems; and aids the superintendents o f 
schools and the teachers of the county in giving practical 
education in agriculture and domestic science, The home 
demonstration agent, working in close cooperation with the 
agricultural agent, directs ail borne economic extension work , 
both adult and junior, including girls 4-H Clubs, and co- 
operates with the county schools. 

RECORDS SYSTEM 

The records of Tippecanoe County began with its creation 
in 1826. The establishment of each of the county offices and 
bureaus inaugurated their records which were kept in such 
fashion as the incumbents saw fit, following in the main the 
directions of the general assembly under the provisions for 
each office. 

In 190 3 the legislature established the state board of 
accounts, which formulates, prescribes, and installs systems 
of accounting and financial reporting which are uniform for 



539 Acts 18S1 (Spec. Ses=s.); Burns 21-210, 21-211; Baldwin 4626, 4627. 

590 Consft. 1851, art. 8, sec. 1. 

591 Acts 1877; Burns 15-314; Baldwin 5333. 

592 U. S. C, title 7, sees. 341 to 343, 344 to 343 (law of 1914). Acts 1913, 1923, 1927, 1937; 
Burns, 1940 suppl., 28-4911; Baldwin, 1937 suppl., 6457. Acts 1931; Burns 28-5627; Baldwin 6475. 
See the essays entitled "County Agricultural Agent" and "Home Demonstration Agent." 



110 TIPPECANOE COUNTY 

every public office of the same class. 9 Under this law 
some of the records were combined to eliminate separation, 
duplication, and overlapping. The board also permits the 
use of bound loose-leaf records in almost all cases where 
the records are typed. The quality of the paper and ink 
and the binding and rebinding practices are left to the judg- 
ment of the board of commissioners, except that a good quality 
is required. ' 

An act of 1937 provides that the board of commissioners 
may provide for the installation of a modern tax-accounting 
system in the offices of the treasurer and auditor, after a 
description thereof has been approved by the board of com- 
missioners and certified to, and approved by, the state board 
of accounts. No system has been established in Tippecanoe 
County under authority of this law. 595 

Whenever it may be necessary for the preservation of the 
records of the circuit court or any county office, it is the 
duty of the board of commissioners to order the officer in 
charge ©f such records to copy and transcribe the same. 597 

In the event ef the loss or destruction, in whole or in 
part, of any of the county records, they must be replaced as 
follows: (e) The board of commissioners must send to the 
governor a certified list of such records furnished by the 
state, and he must order the proper state officer to replace 
them. (b) Records compiled in the county must be restored, 
if possible, from original documents by the county officer 
who had custody of the original records. Cc) If impossible 
to duplicate the old records, new records must be made on 
evidence taken from parties having knowledge of the facts 
concerned, by the proper officer or by a commissioner ap- 
pointed by the board of commissioners for that purpose. 

In 1925 a law was passed permitting county officials, 
at their discretion, to turn over to the archives division 



598 Acts 1909; Burns 60-202, 60-224; Baldwin 13855, 13875. 

Information obtained from E. P. Brennan, state examiner, on February 28, 1940, by 



W. Davis Hamilton 

5 9 5 



Acts 1937; Burns, 1940 suppl., 60-238 to 60-240; Baldwin, 1937suppl., 1586S-1 to 15868-3. 
Information obtained from E. P. Brerman, state examiner, on January 21, 1940, by 
William E. Chambers. 

597 Acts 1877; Burns 26-634; Baldwin 5339. 

5 9 8 2 Rev. Stat. 1852, Acts 1865; Burns 57-101 to 57-124; Baldwin 1168 to 1191. Acts 18S1; 
Burns 57-208 to 57-210; Baldwin 1165 to 1167. Acts 1893; Burns 57-125, 57-211 to 57-214; Baldwin 1197, 
1192 to 1195. 



GOVERNMENTAL ORGANIZATION AND RECORDS SYSTEM 111 

of the Indiana State Library, for permanent preservation, 
any official books, records, documents, original papers, news- 
paper files, or printed books and material not in current 
use in their offices. County officials have only occa- 
sionally availed themselves of this provision for permanent 
preservation of their old records. 

An act of 1927 provided that deeds , mortgages , and other 
instruments may be recorded by a photographic process adopted 
by the beard of commissioners. The photographic method 
of recording has never been used, generally by any Tippecanoe 
County off i cer . 

In 1937 the general assembly author i zed the director of 
the state library, at his discretion, to make a copy, by pho- 
tography or in any other way, of any official book, record, 
document, original paper, newspaper, or printed book or ma- 
terial in any county, city, or other public office, for pres- 
ervation in the stat® archives. All public officials must 
permit such copies to be made. 

In 1989 the legislature created in each county a com- 
mission of public records, consisting of the judge of the 
circuit court, the president of the board of commi ssi ©ners , 
the county auditor, and the elerk of the circuit court. The 
commission must classify county records on the following 
basis: (a) Public records no longer of official er historical 
value; (b) public records which are of current of f i c ial value 
and should be retained in the office where they are required 
t© be filed; (c) public records of official value but which 
are consulted and used so infrequently that they are no 
longer of appreciable value to the officer with whom they 
are required to be filed; and (d) public records having 
historical value but no apparent official value. Records of 
class (a), which occupy space to no purpose in the offices and 
storerooms of the county, must, 3 years from the time they were 
originally filed (unless a law requires that they be kept for a 
longer period of time), be destroyed or otherwise disposed of, 
unless » law prohibits their destruction and unless such 
records are then in frequent use by the officer having charge of 
the office in which they are located. Records of class (b) will 
be retained, in the © f f i c e in which, the} 7 were required to be 
filed. Records of classes (c) and (d) must be transferred 



599 Acts 1925, 1937; Burns, 1940 suppl., 63-830; Baldwin, 1937 suppl., 10287. 

600 Acts 1927; Burns 49-3207; Baldwin 14667. 

601 Acts 1925, 1937; Burns, 1940 suppl., 63-830; Baldwin, 1937 suppl., 10287. 



112 TIPPECANOE COUNTY 

to^ the state library 3 years after the date of the filing of such 
records, unless they are then in frequent use by the officer 
in charge of the office where they are located. In the event 
of such transfer, the records of class (c) will be added to 
the "archives" of the library while those of class (d) will 
constitute a part of the "collection" of such library. 00 " 

An act of 1935 created, in the executive department of 
the state, a "commission on public records," consisting of 
the governor, secretary of state, state examiner, director 
of the state library, and director of the historical bureau. 
This act is almost identical with the act of 1939 creating 
a "commission of public records" in each county, except as 
to the provisions as to the personnel of the commission. 6 



3. HOUSING, CARE, AND ACCESSIBILITY OF THE RECORDS 

The first public building constructed in Tippecanoe 
County of which there is any record was a jail, authorized 
by the board of justices' meeting in Lafayette, May 7, 1827. 
It was to be a "two-story structure of 12" square timbers, 
two walls to a side 12" apart, 16' in the clear, and filled 
in with square oak timber 8' high between floors. The floors 
are to be double laid with 12" square timber, and the roof 
of shingles. A single wall of the building to be completed 
by November 1, 1827, and the remaining part of the jail by 
May 1. 1828. vl 

Pursuant to the order, the county agent was authorized 
to contract with the lowest bidder for the construction of 
the jail. Thomas Treacle, submitting the lowest bid, was 
awarded the contract on his bid of $260, and construction 
was begun on the jail. 2 On November 3, 1828 the board of 



justices ordered the "County Agent to award to the lowest 

bidder— con t ract for Sealing the upper story of the County 

jail, said work to be done with oak plank l^" thick, spiked 

apart." The same day action 



602 Acts 1939; Burns, 1940 suppl., 49-3701 to 49-3710; Baldwin, 1939 suppl., 5492-1 to 5492- 
10. See the essay entitled "Commission of Public Records." 

603 Acts 1935; Burns. 1940 suppl., 63-1901 to 63-1910; Baldwin, 1935 suppl., 15400-1 to 
154C0-10. Opinion* of the Attorney General of Indiana, 1939, p. 259. 

Board of Justice Record, vol. A. p. 17, see entry 3. 
2 Ibid., p. 17. 



HOUSING, CARE, AND ACCESSIBILITY OF THE RECORDS 113 

was taken on the construction of the first courthouse, and 
the board authorized the agsnt to offer at public auction to 
the lowest bidder, a contract for the structure. The building 
was to be constructed of ''brick, two-stories high, 12' in the 
clear below, and 10' above, the wall below to be 18" thick, 
and the upper, 13". The foundation to be of ston£ 3' high, 
one foot to be below the ground, and 2' above to be faced," 
An additional contract for ths limestone and other materials 






;be construction was also awarded the lowest bidder. 



anuary 5 , I82S , 

the board of justices authorized the agent to offer at auction 
to the lowest bidder, a contract for building the foundation 
of the courthouse "40' square, 3 T high of stone, also for 500 
bushels Of lime for the finishing of the courthouse. The 
work to be completed by July 1829. " 4 The following day the 
board authorized the agent to contract for brick necessary to 
build the courthouse, "the same to be ready at the kiln by 
July 6 next, and to contract for the hauling of the brick."" 

It was not until the March session of 1829 that the 
board instructed the agent to have the courthouse constructed 
as aaear the center of the square as possible, and to award 
the contract to Elijah Ferguson. Some di f ferences must have 
arisen at this time for the plans were altered considerably 
as indicated in specifications: "The wails of the lower floor 
are to be 13" thick unci 12' high in the clear. The cupola 
and roof are to be framed substantially to the top of the 
walls. Three doors, 4' x 7^' with circular transient [tran- 
som], opening into the lower story are to be located on the 
north, west, and south sides, and 2 windows on each side 
where there are doors with 3 on the remaining side." On the 
second floor there were to be three windows on eaeh side of 
the building. Two rooms with a door to each were to be lo- 
cated in the northwest and southwest corners, separated with 
brick walls, and a stairs erected up the side of the building 
on the southwest corner. Four fireplaces of brick, one in 
eaeh corner, were to be built on the first floor, and three 
om the second floor, one in each corner except the southwest. 1 

On January 4, 1830, after a disagreement between the 
board and Elijah Ferguson over the number of bricks used 



3 Ibid., vol. B, p. 57. 

4 Ibid., p. 71. 

5 Ibid., p. 73. 

6 Ibid., p. 92. 



114 TIPPECANOE COUNTY 

and the class of work being done on the courthouse, the agent 
wa's ordered to relieve him and his sureties of their duties 
and bond, and to appoint three men to count the bricks, 
which was done and found to number 178,281. J 

The board then authorized the agent to employ some per- 
son to construct a stair w ay with banister from, the first to 
the second story to be built of oak plank, and for someone to 
build a judge's seat with 3 clerk's box attached in the east 
end of the courthouse. It was further ordered that someone 
be employed to construct a partition on the second Tiaor of 
poplar boards \y 2 n thick, planed, tongued, and grooved, and to 
paint the Venetian blinds a lead color. The agent was also 
requested to have a partition constructed for a clerk's office 
in the northwest corner of the lower story from the north 
door to the center column, thence west to the west wall." 

With the increase in county business, the board at its 
March session 1835 authorized the agent to contract with 
competent workmen for the construction of offices for the 
clerk and recorder, with a library situated in the latter. 
The clerk's office was to be a "one-story structure of brick 
with stone foundation 18 x 24 x 10, with a chimney and door 
in the south end. One 24 pane window on the west, and two 
24 pane windows on the east. The floor to be of brick, and 
the walls plastered. The specifications used for the record- 
er's office and library to be the same as the clerk's." 10 
It was also ordered that the "agent employ some suitable 
person to paint the courthouse a Venetian red and pencil the 
same in style most suitable, and construct lightning rods on 



the same . " 



Apparently the courthouse was not completed by 1887, 
for at a meeting on May 4 of that year, the board ordered the 
agent to employ a suitable person to finish that part of the 
courthouse "not under contract," making the whole of the 
front of the first floor in one room, placing the criminal 
box in the center, raising the sheriff's seat a sufficient 
height, and repairing the roof. 2 By 1842, many important 
records had accumulated, and for the protection of these the 



7 


Hid., 


P- 


180. 


3 


Ibid., 


P- 


194. 


9 


Ibid., 


P- 


316. 


1 


Commis 


sioru 


1 1 


Ibid. 


. P 


. 394. 


12 


Ibid. 


» P 


. 608. 



Commissioners' Record, vol. C. p. 371, sec entry 3 



? He Q 



h; 






Rest Room 




f 



Re5t I fault 
Rm. 



H 
Dept of Pub 



r>Hn 



IcYXstfare 



Dept of 
Public Welfare 



J=L, H H I 



1 Dept of 



Dept 
Public Welfare 



Red Cross 



Assessor 



Janitor 



T=r^=T 



rn 



Trrp. Trustee 



"tJ 



hh 



tf 



r 



^TP 



Q. A.R. 



I 



Rest Room T 
jJL — , n kN w !— > 



-a- 



r 

■a 



Basement, Tippecanoe county Courthouse 




1 Private H 



uems rsecprd rvooms t i . 

F=ri^i 1 I"— H 



First floor, Tippecanoe County courthouse 



116 TIPPECANOE COUNTY 

board authorized the agent to contract, with some person for 
the construction of a fireproof vault in the recorder's of- 
fice. The vault was to be built of brick, the door jambs of 
cast iron, and the door of wrought iron. 12 

The population and business of Tippecanoe County grew 
rapidly and on July 11, 1843, the board authorized the agent 
to enter into a contract with George Brown ©f Ohio, who was 
the lowest bidder, on a bid of $11,400 for the construction 
of a courthouse and jail to be erected according to the speci- 
fications in the hands of the agent. 4 No records are avail- 
able showing the specifications or type of materials .used, 
exeept that the courthouse was a "colonial structure." How- 
ever, this building was used until the present courthouse, a 
four-story stone structure 150' square, wag completed on 
February 3, 1885, after some delay in awarding a new con- 
tract and altering plans. 

Four years earlier—on June 3, 1881— the firm of Farnam 
and Pearee had been awarded the contract for construction 
of the present building at a cost of $207,999. Elias Max, 
architect, was the superintendent of cods true tion . During 
the first year of construction, in which the first floor was 
nearly comple ted , Mr . Farnam of th© construction firm died, 
and his partner requested that he be relieved of the contract, 
offering to reimburse $10,000 of the money received. The 
commissioners at first refused, but later decided t© cancel 
the contract. 

A new contract was awarded September 15, 1882 to Mr. 
Pearee of the original firm, and $241,000 was allotted for 
completion of the courthouse. James Alexander was appointed 
superintendent of construction, and October 6, 1882, the 
corner stone was laid by the Masonic Lodge. One year later 
the plans were declared defective and alterations totaling 
$27,206.35 were made. Four months later additional altera- 
tions, costing $48,264, were approved, increasing the total 
cost to approximately $339,264, excluding the plumbing and 
heating . 

The walls of the various offices of the present court- 
house have been plastered and painted, and the floors are 
wood or tile. Ventilation, lighting, and accommodations 
for users of records are adequate. 



1 3 Ibid., vol. D, p. 261. 
14 Hid., p. 349. 




__ Deputy 
b3ZE=CH Clerk 



SECOND FLOOR, TIPPECANOE COUNTY COURTHOUSE 



"1 



I 5upt. 0/ 
5cboola 



JjTryp. 
Assessor 



3o^T ^ 



Upper Part of 
Circuit Courtroom 



Surveyor 



Corridor 



Janitor 




I 



Law 
Library 



Corridor 



Upper Part of 
5uperior Courtroom 






b: 



Lavr 
Library 



I 



d 



i 



Third Floor, Tippecanoe county courthouse 



118 TIPPECANOE COUNTY 

The building is the form of a large cross with corridors 
running from a center circular well to each of the four sides 
of the structure. A clock tower surmounts the center of the 
roof, and a statue of Justice rises 92' above the ground 
level . 

From 1923 to 1940 the offices of the civil city of La- 
fayette were housed in the courthouse basement, but upon 
their removal this space was assigned to various county of- 
ficials for storage room and office space. 

The present county jail and sheriff's residence is lo- 
cated at the corner of Fourth and Alabama Streets, Lafayette. 
This building was ordered built by the board of cornmi ssi oners 
at a meeting on August 4, 1888. Richard Epperson and James 
Coleq;rove received the award for construction on their bid 
of $75,000, prepared according to specifications of Edwin 
May, architect. The structure is 125' square and 87' high, 
it is constructed of brick and St. Paul stone with a roof 
of Vermont slate. One year after construction of the 
building, the board allowed Richard Epperson $1,322.25 for 
extra work and materials used in construction, and on Febru- 
ary 7, 1870 the sum of $6,228.86 was allowed for additional 
alterations, making the total cost of the present jail approx- 
imately $82,500. 

A room- by -room description of the present housirg of 
county records follows: 

Board of Commissioners. Seventy percent of the records are 
in the attic storage room, 26 percent in the auditor's record 
room, and 4 percent in the auditor's office. 

County Council, All records are in the auditor's office. 

ClerJi of the Circuit Court. The clerk's record room 60' by 30' 
is located in the southwest section of the first floor. Two 
thousand feet of roller shelving and file cabinets contain 
1800' of bound volumes and 90' of unbound records which is 
90 percent of the records. Adjoining the clerk's record room 
en the southeast is the clerk's office 24' by 24' housing 
6 percent of the records. Four percent are in the storage 
room. 

Recorder. Situated in the northwest section of the first 
floor is the recorder's record room, 30' by 40', containing 
2,000' of metal and wood roller shelving. Eighteen hundred 
feet of bound volumes, comprising 74 percent of the records, 
are located here with room for expansion. To the north is 
the recorder's office, 50' by 30' with 26 percent of the 
records . 



HOUSING, CARE, AND ACCESSIBILITY OF THE RECORDS 119 

Circuit Court. Ninety-four percent of the records are in 
the clerk's record room, 4 percent in the clerk's office, and 
2 percent in the private office of the superior judge. 

Superior Court. Two percent oTthe records are in the superior 
court room, 2 percent in the clerk's office, 4 percent in the 
attic storage room, and 92 percent in the clerk's record room. 

Criminal Court. All records in the clerk's record room. 




Attic, Tippecanoe county courthouse 



Court of Coneiliaton. No records of court of conciliation found. 

Common Pleas Court, 1853-72. All records in clerk's record room. 

Probate Court. No records of probate court found. 

Common Pleas Court , 1842-52. All records in clerk's record room. 

Probation Officer. One file drawer in probation officer 's office. 

Sheriff. The sheriff's office, 30' by 24' is located in 
the northwest section of the first floor. Wood roller shelv- 
ing and file boxes along the east wall contain 30' of bound 



120 TIPPECANOE COUNTY 

volumes and 20' of unbound records, wh i ch represents approx- 
imately 97 percent of the records. Two percent are in the 
clerk's record room, and 1 percent in sheriff's private office. 

Prosecuting Attorney. All records in the prosecutor's office, 
Schultz Building, Lafayette, Ind. 

County Assessor. The assessor's office measuring 27' by 23', 
is located in the northwest section of the basement. File 
boxes 12" by 14" by 20" along the west wall and south end of 
counters contain 82 percent of the records. Twelve percent 
are in the auditor's office, and 8 percent in the janitor's 
room . 

County Board of Review. All records in the auditor's record 
room. 

County Board of Tax Adjustment. One file drawer in auditor's 
office. 

Board of Finance. One volume in auditor's office. 

Treasurer, Located in the southwest section of the first 
floor is the treasurer's vault, 30' by 20 ' , conts i ning 96 per- 
cent of the records. Wood shelving and file boxes 18" by 
22" house 360' of bound and 42' of unbound records. Three 
percent are in the treasurer's office and 1 percent in the 
attic storage room. 

Auditor. The auditor's record room, 80' by 25', is located 
in the northeast section of the first floor. S i x hundred fee t 
of bound volumes and 25' of unbound records, which is 34 
percent of the records, are housed on 800' of metal and wood 
roller shelving. Three percent in auditor's office, and 63 
percent in attic storage room. 

Registration Officer. Ninety -nine percent of the records in 
the clerk's mom, and 1 percent in recorder's record room. 

Board of Primary Election Commissioners, County Board of Canvassers, County 
Board of Ejection Commissioners . Fifty percent of records in clerk's 
record room, 25 percent in clerk's office, and 25 percent 
in attic storage room. 

County Board of Education . All records in office of the super- 
intendent of schools. 

County Superintendent. All records in superintendent's office. 

County Health Officer, Forty-seven percent of the records 
in sheriff's office, 37 percent in sheriff's private office, 
13 percent in health officer's office, and 3 percent inaudi- 
tor's office. 

County Department of Public Welfare. Situated in the southeast 
section of the basement are 4 rooms housing the welfare de- 
partment. Eighty-four percent of the records are in the 



BIBLIOGRAPHY 121 

vault, 10 percent in supervisor's private office and 6 per- 
cent in main office. 

Surveyor, Located in the northwest section of the third 
floor. All records, maps, and blueprints are in surveyor's 
office, 30' by 28' . 

County Highway Supervisor. The highway supervisor's office, 
16' by 16', is located in the southeast section of the first 
floor. Wood shelving contains 80 percent of the records- v 20 
percent are in the attic storage room, 

Inspector of Weights and Measures. All records in the inspector's 
office . 

County Agricultural Agent. All records in agent's office. 

Home Demonstration Agent. Records in agricultural agent's 
office . 



4. BIBLIOGRAPHY 

PRIMARY SOURCES 

CONSTITUTIONS 

"Constitution of the Uni ted States , " in Harrison Burns, ed . , 

Annotated Indiana Statutes, Containing All Acts of a General and Public Nature 

in Force September 1, 1983. Indianapolis, Bobbs-Merr i 1 1 Co., 

1933-. 12 vols. 
"Constitution of the State of Indiana, 1816," in Revised Statutes 

of the State of Indiana, 1843. Indianapolis. 
"Constitution of the State of Indiana, 1851," in Harrison 

Burns, ed., Annotated Indiana Statutes, Containing All Acts of a Genera 

and Public Nature in Force September 1, 1933. Indianapolis, Bobbs- 

Merrill Co. , 1933™. 12 vols. 

SESSION LAWS 

U. S. Congress, The Statutes at Large of the United States of America, 

1789-. Boston, Little and Brown, 1845-73, vols. 1-17; 

Washington, Government Printing Office, 1875-1939, vols. 

18-53. 
Indiana General Assembly, Laws of the State of Indiana, 1816—. Qovj- 

don, Ind., 1817-25; Indianapolis, 1825=1941. (No. of 

vols . varies) . 

CODES 

Indiana General Assembly, The Revised Laws of the State of Indiana, 
1824. Corydon, Ind., 1824. 438 p. 



122 TIPPECANOE COUNTY 

Indiana General Assembly. The Revised Laws of the State of Indiana, 

1831. Indianapolis, 1831. 596 p. 
Indiana General Assembly, The Revised Statutes of the State of Indiana, 

183S. Indianapolis, 1838. 667 p. 
Indiana General Assembly, The Revised Statutes of the State of Indiana, 

1843. Indianapolis, 1843. 1114 p. 
Indiana General Assembly, The Revised Statures of the State of Indiana, 

1852. Indianapolis, 1852. 2 vols. 

COMPILED STATUTES 

U. S. Congress , The Code of the Laws of the United States uf America of a 
General and Permanent Character in Force January 3,1935. Washington, 
Government Printing Office, 1935. 3026 p. (With cumu- 
lative supplement V, containing laws from 1935-39. 
1522 p). 

Burns, Harrison, ed.. Annotated Indiana Statutes, Containing All Acts of a 
General and Public Nature in Force September 1, 1933. Indianapolis, 
Bobbs -Merrill Co., 1938. 12 vols. (With supplement 
1941 in pocket of cover in each volume). 

Baldwin, William E., ed . , Baldwin's Indiana Statutes Annotated 1934, 
Complete in One Volume, Containing' All General Laws to January 1, 1934. 
Cleveland, Banks-Baldwin Law Publishing Co., 1934. 
(With supplements 1935, 1937, 1938, and 1939). 

Hening, Will ism W., ed., The Statutes at Large, Being a Collection of 
All the Laws of Virginia, from the First Session of the Legislature in the 
Year 1619. Richmond, J. and G. Cochran, 1821. 13 vols. 

Kappler, Charles J., Indian Affairs, Laws and Treaties, printed as 
U. S. Senate Document No. 452, 57th Congress, 1st Session. 
Washington, Government Printing Office, 1904. 2 vols. 

Raueh, John G., and Armstrong, Nellie C., A Bibliography of the 
Laws of Indiana, 1788-1927. Indianapolis, Indiana Historical 
Bureau, 1928. 77 p. [Indiana Historical Collections, 
vol. XVI]. 

COURT REPORTS 

U. S. Supreme Court, United States Reports, Cases Adjudged in the Supreme 
Court. Various pub l'i she rs and places of publication, 18 82- 
1922, vols. 1-256; Washington, Government Printing Of- 
fice, 1922-40, vols. 257-309. 

U. S. Supreme Court, Cases Argued and Decided in the Supreme Court of 
the United States, Lawyer's Edition. Rochester, N. Y. , Lawyers 
Co-operative Publishing Co., 1882-1940, 84 vols. 

U. S. Supreme Court, Supreme Court Reporter, Cases Argued and Determined 
in the Supreme Court of the United States. St. Paul, Minn., West 
Publishing Co., 1883-1940, 60 vols. 



BIBLIOGRAPHY 123 

Indiana Supreme Court, Reports of Cases Argued and Determined in the 
Supreme Court of Judicature of the State of Indiana, (known generally 
as Blackford's Reports)* Indianapol is , H. H . Dodd & Co., 
1862 (vol, I); Merrill and Co., 1869 (vol, 2): Merrill 
and Field, 1870 (vols. 8-8). 

Indiana Supreme Court, Reports of Cases Decided in the Supreme Court 
of the State of Indiana, Indianapolis, 1852-1940 . 215 voh. 

Indiana Appellate Court, liepuiis of Cases Decided in the Appellate Court 
of the State of Indiana. Indianapolis, Bowen-Merr i 1 1 Co., 
1891-93 (vols. 1-5); State of Indiana, 1893-1940 (vols, 
6-107). 

North Eastern Reporter, Cases Argued and Determined in the Courts of Illinois, 
Indiana, Massachusetts, New York, and Ohio. St, Paul, Minn., West 
Publishing Co., 1885-1941. 23] vols. 

OFFICIAL RULES 

Indiana State Board of Health, Book of Instructions to Health Authorities. 
Indianapolis, 1931. 168 p. 

U. S. CENSUS REPORT 

U. S. Bureau of the Census, Compendium of the Enumeration of the 
Inhabitants and Statistics of the United States, as Obtained . . . from the 
Returns of the Sixth Census, 1840. Washington, Thomas Allen, 
1841. 379 p. 

U. S. Bnrpsii of the Census, Eighth Census of the United States, 1860, 
Agriculture. Washington, Government Printing Office, 1864. 
292 p. 

U. S. Bureau of the Census, Eighth Census of the United Slates, I860, 
Manufactures. Washington, Government Printing Office, 1865. 
745 p. 

U. S. Bureau of the Census, Compendium of the Tenth. Census of the 
United States, 1880, Agriculture. Washington, Government Print- 
ing Office, 1883. 2 vols. 

U. S. Bureau of the Census, Compendium of the Tenth Census of the 
United States, 1880, Manufactures, Washington, Government Print- 
ing Office, 1883. 2 vols. 

U. S. Bureau of the Census, Fifteenth Census of the United States, 1980, 
Agriculture. Washington, Government Printing Office, 1932. 
8 vols. 

U. S. Bureau of the Census, Fifteenth Census of the United States, 1980, 
Manufactures. Washington, Government Pr inti ng Office, 1933. 
3 vols. 

U. So Bureau of the Census, Fifteenth Census of the United States, 1980, 
Population, Washington, Government Printing Office, 1932. 
5 vols . 



124 TIPPECANOE COUNTY 

U. S. Bureau of the Census, Fifteenth Census of the United States, 1930 i 
Retail Sales Distribution. Washington, Government Printing Of- 
fice, 1933. 2 vols . 

U. S. Bureau of the Census, Fifteenth Census of the United States, 1930, 
Wholesale Distribution . Wa shington, Government Printing Of- 
fice, 1933. 4 vols. 

U. S. Bureau cf the Census, Sixteenth Census of the United States, 1940, 
Preliminary Population Bulletin, no. 47. Washington, Government 
Printing Office, 1940. 1 p. 

JOURNALS AND PROCEEDINGS 

U. S. Congress. 'American State Papers, Indian Affairs. Washington, 

Gales and Seaton, 1832. 10 vols. 
U. S. Congress, Annals of Congress of the United States. First Congress 

to Eighteenth . . . March 3, 17 89 -May 27, IS 24, Washington, Gales 

and Seaton, 1834-56. 43 vols. 

REPORTS AND STATE PAPERS 

Carter, Clarence E., ed . , The Territorial Papers of the United States. 
Washington, Government Printing Office, 1934—. 8 vols. 

Indiana, Annual Report of the Department of Geology and Natural Resources, 
1869-. Fort Wayne and Indianapolis, 1870-. 31 vols. 

Indiana, Year Booh of the State of Indiana, 1917—. Fort Wayne and 
Indianapolis, Indiana Legislative Bureau, 1917-33; Divi- 
sion of Accounting and Statistics, 1934—. 24 vols. 

Indiana Crops and Livestock. West Lafayette, Ind,, U. S. Depart- 
ment of Agriculture and Purdue University Agricultural 
Experiment Station, 1938. 12 p. [Bulletin no. 159.] 

Indiana Division of School Inspection, Indiana School Directory, 
1940-1941. Indianapolis, 1940. 343 p. 

Indiana State Planning Board, Preliminary Survey of County Planning 
Problems in Indiana Counties. Indianapolis, 1935-36. 4 vols. 
(A tvned report located in the Indiana State Library.) 

Purdue University, Annual Report. Lafavette, Ind., Purdue Uni- 
versity, 1940. 370 p. [Vol. XLV, No. 3.] 

Smith, William H., ed., The St. Clair Papers. Cincinnati, Robert 
Clarke and Co., 1882. 2 vols. 

U. S. Department of Agriculture, Public Roads of Indiana: Mileage and 
Expenditures in 1904. Washington, Government Printing Office, 
1905. 18 p. [Office of Public Roads, Circular no. 66. 

U. S. Civil Aeronautics Authority, Directory of Airports and Seaplane 
Bases. Washington, Government Printing Office, 1937. 
12 p. [Bulletin no. 11 .] 

NEWSPAPERS 
Indianapolis News 
Ind ianapol i s Star 



BIBLIOGRAPHY 125 

Lafayette Journal and Courier 
Lafayette Weekly Journal 
Purdue News 

Secondary sources 

Alerding, Herman, The Dioeese of Vineennes. Indianapolis, Car long 

and Hollenbeck, 1883. 636 p. 
Bender, Alma Siekler, Why Go Back? . , . from the Direct Primary to 

the Convention System of Nomination . Indianapolis, Indiana League 

of Women Voters, 1930. 30 p. 
Biographical Record and Portrait Album of Tippecanoe County, Indiana. Chicago. 

Lewis Publishing Co., 1888. 826 p. 
Cotton, Fassett A . , Education in Indiana, 1 793- 1934. Bluff ton, I nd . , 

Progress Publishing Co., 1934. 491 p. 
Cox, Sanford C, Recollections of the Early Settlement of the Wabash Valley. 

Lafayette, Ind. s Courier Steam Book and Job Printing 

House, 1860. 160 p. 
Craig, Oscar J. s "Ouiatanon, " Indiana Historical Society Publications., 

II (1893) 317-348. 
Crockett, Sarah M., Old Days and New in Tippecanoe. Fowler, Ind., 

Benton Review Shop. 1924. 102 p. 
De Hart, R. P., Past and Present of Tippecanoe County. Indianapolis, 

B. F. Bowen, 1909. 2 vols. 
Esarey, Logan, A History of Indiana . Vol.1, Indianapolis, W. K. 

Stewart Co., 1915; vol. 2., Indianapolis, B. F. Bowen 

Co., 1918. 
Hagerty, James Edward, "Early Financial History of Indiana," 

Indiana History Bulletin, XIV (1937) 265-341. 
Hooker, Brainard, First Century of the Public Schools of Tippecanoe County. 

Lafayette, Ind., Haywood Publishing Co., 1917. 143 p. 
Latta, William Carroll, Outline History of Indiana Agriculture. Lafa- 
yette, Ind,, Alpha Lambda Chapter of Eps i Ion Si gma Phi, 

1938. 372 p. 
Mavity, Paul V., Centennial Book, Lafayette and Tippecanoe County. Lafa- 
yette, Ind., Haywood Publishing Co., 1925. 103 p. 
Monks, Leander J., et al a , eds, ( Courts and Lawyers of Indiana, 

Indianapolis, Federal Publishing Co= . 1916. 3 vols. 
Pence , George , and Arms trong , Ne 1 1 i e C . , Indiana Boundaries; Territory, 

State and County, Indianapolis, Indiana Hiitorical Bureau, 

1933. 2 vols. [Indiana Historical Collections, Vol . XIV.] 
Phillips, Paul C, "Vineennes in Its Relation to French 

Colonial Policy," Indiana Magazin e of History , XVII (1921) 

311-337. 
Quaife, M. M. , "Fort Wayne in 1790," Indiana Historical Society 

Publications, VII (1923) 293-361. 



126 TIPPECANOE COUNTY 

Reser, William M. .. Wabash arid Erie Canal and its Local 
Importance. (A 15 page typewritten manuscript written 
in 1933 and now located in the Indiana State Library.) 

Roy, Pierre Georges, "Sieur de Vineennes Identified," Indiana 
Historical Society Publications, VII (1923) 1-130. 



5. ABBREVIATIONS, SYMBOLS, AND EXPLANATORY NOTES 

The Style Manual of the United States Government Print- 
ing Office is the authority followed herein. 
Acts Session laws of the Indiana General As = 

sembly 

agr. agt. agricultural agent ( ? s) 

a 1 pb . alphabetical(ly) 

amend. amendment(s) 

approx. approximate ( ly) 

arr. arranged 

art . article 

assr . assessor ( 's ) 

aud. auditor('s) 

bd. board 

bdl. (s)bundle(s) 

bk. book 

Blackf. Blackford Reports (Supreme Court of Indiana) 

bldg. building 

bsmt. basement 

copyright (before date) 

C. County Courthouse 



c 

C 

cf. compare 

ch.(s) chapter(s) 

chron. chronol og i cal ( ly) 

cir. ct. circuit court 

elk. c 1 erk( ' s) 

comp.(s) compiler(s) 

comr. commissioner (s' ) 

Const. Constitution of Indiana 

cor. coroner 

ct. rept. court reporter 

di am. diameter 

e d . ( g ) editor(s) 

ct al. et alii—and others 

et seq. et sequentia— and following 



ABBREVIATIONS, SYMBOLS, AND EXPLANATORY NOTES 127 

ex rel. ex relatione— upon relation of (Designates 

the person at whose instance the state 
or a public officer is acting) 

f . b. file box(es) 

f. d. file drawer(s) 

fl. floor 

fadw. handwritten 

hlth. offr. health officer('s) 

hwy. sup. highway supervisor ( 's ) 

ibid. ibidem (same reference as that immediately 

foregoing) 

Ind. Indiana: Indiana Report* (when preceded by 

the volume number, reference is to the 
official state supreme court reports) 

Ind. App. Official reports of decisions of Indiana 

Appellate Court 

intp. inspector 

juv. juvenile 

L. Law(s) 

L. Ed. decisions of U. S. Supreme Court published 

by Lawyers Co-operative Publishing Co. 

lb.(s) pound(s) 

loc. eit, loco citato— in the place cited 

N. north 

n. nete 

n. d. no date 

N. E. North Eastern Reporter 

N. E.(2d) North Eastern Reporter, second series 

no., nos. number (s) 

num. numerically 

off. office 

offr . officer 

op. eit. opere citato— in the work cited. (After au- 

thor's name, refers to previous work 
cited under his name) 

P., PP. page(s) 

passim here and there (referring to references too 

numerous to enumerate) 

pro tern pro tempore 

prob. comr. probate commissioner 

pros. atty. prosecuting attorney('s) 

pt. part 

ptd. printed 

pub. welf. public welfare 

pvt. private 

rtc. record 



128 TIPPECANOE COUNTY 

rec-r. recorder('s) 

reg. register 

Rev. L. Revised Laws of the State of Indiana 

Rev. Stat. Revised Statutes of the State of Indiana 

rm, room 

S. south 

sec.(s) section(s) 

sher . sheri f f ( ' s) 

sie thus (indicating expression, misspelling, 

etc., is the same as in the original) 

(Spec. Sess.) Special Session 

sta. station 

stat, statutes 

stor, storage 

gub-bsmt. sub-basement 

suppl. supplement 

Sup. Ct. Supreme C@urt 

super, ct. superior court 

supt. super intendent( 'a) 

surv. surveyor('s) 

t-reas. treasurer('s) 

twp.(s) township(s) 

U. S. United States 

U. S. C. United States Code 

U. S. Stat. U. S. Statutes at Large 

v. versus 

vol . (s) volume! s) 

vt. vault 

x by, in dimensions 

Yr. Bk. Year Booh of the State of Indiana 

— to date and continuing 

inch(eg) (omitted after dimensions in 

entries) 

' foot, feet 

EXPLANATORY NOTES 

The inventory of the records of each branch of the county 
government is preceded by an essay explaining its legal 
status and functions. 

In some instances, records shown as being legally required 
do not appear in the inventory. Such omissions reflect the 
record situation and are not the result of an inadequate survey. 

Entries are grouped according to a functional classifi- 
cation, with headings and subheadings according to relative 
functions and with cross-references to allied subjects. Every 



ABBREVIATIONS, SYMBOLS, AND EXPLANATORY NOTES 129 

entry has two parts or paragraphs: Title and description. 
Occasionally an entry has a third (cross-reference) paragraph. 

I. The title paragraph consists of: 

Entry number. The entries are numbered consecutively. 

Exact title (in capitals and small capitals) as it appears 
on the record. Titles enclosed in brackets are supplied by 
the Indiana Historical Records Survey, if the volume or file 
bears no title. Supplementary t i ties (in capitals and lower- 
case letters), enclosed in brackets, are also supplied where 
it is necessary to explain the types of records more fully, 
or where the exact title borne by the record is incorrect, 
misleading, or nondescr i pt i ve . 

Dates of the period covered by the record, show inclusive 
beginning and ending dates, except when a dash in place of 
an ending date denotes an open record. Missing records are 
indi ca ted by a break in the dates . In entries, where one or more 
records are replaced by another record, the month and day are 
given for the discontinued record. In entries of open records, 
when the last entry is not current, a note follows: "Last 
entry"-with date following. Where no statement is made that 
the record was discontinued at the last date shown in the 
entry, it could not be definitely established that such was the 
case. Where no comment is made on the absence of prior or 
subsequent records, no definite in format ion could be obtained. 

Quantify and labeling, given in chronological order wherever 
possibl e . 

Variations in title. Current or most recent title used as 
entry title; if former titles vary, they are shown. 

Ch anges in keeping records, Occasionally the county record is 
discontinued or is kept by some other author i ty— state or other 
county office; if changes in keeping records have been made, 
such changes are indicated and information is given to show 
by what authority the record is now kept. 

II. The description consists of: 

A statement of the nature, contents, and purpose of the 
record, with a summary of the column headings or subjects 
treated. The current record, except as otherwise noted, is 
described. The contents over a long period of years may 
themselves vary; therefore, over the entire period the de- 
scription may vary to some degree. In the description of 
map and plat records, the scale and the names of author and 
publisher are given whenever available. No mention thereof 
denotes that these data are not known. 

Method of arrangement: Chronological, topical, or other 
system. 

Method of indexing, pertaining to self-contained indexes. 



130 TIPPECANOE COUNTY 

Separate indexes are noted also- with a cross-reference thereto. 

Nature of recording: Records are shown us handwritten, 
typewritten, or printed; maps and plats are shown as drawn, 
blueprinted, or printed. 

Condition . Omitted if good or excellent. 

Number of pages averaged for a series. 

Size o f vo lumes in the order of he i c h t , w i d t h , » v. d thick- 
ness, averaged for a series; of file boxes and file drawers, 
in the order of height, width, and depth. It is given in 
inches in all instances; hence the inch sign is omitted. 

Location, The place of custody (the room in which, the 
records are located) is in the courthouse unless another build- 
ing is specified in the entry. The locations given are those 
effective at the time the survey was made. 

III. Cross-references: 

Title- line cross-references are used to show continuity 
of a record series which has been kept separately for a period 
and with other records for different periords of time. An ex- 
ample is that in the title-line of entry 23: "1926- in Cash 
Book of Rece i pts and Disbursements, entry 22." They are also 
used in all artificial entries, those set up to cover records 
which must be shown separately under thgir proper office even 
though they are kept in files, or records appearing elsewhere 
in the inventory, as, for example, the title-line cross-refer- 
ence in entry 385: "[Record of Absent Voters' Ballots, Pr imary], 
entry 8SS." In both instances the description of the master 
entry or entry of miscellaneous contents shows the title number 
of the entry in which the record is described (the entry from 
whi eh the title- line cross-reference is made), as, for example, in 
entry 888: "Also contains: [Record of Absent Voters' Ballots, 
Primary], entry 385." Dates shown in such a cross-reference 
are only for the part or parts of the record contained therein, 
a c d a r e shown only when t h e y v a r y from those of the master entry. 

Separate third-paragraph cross-references from entry to 
entry, and See also references with subject headings or sub- 
headings a re used to guide the reader to prior, subsequent, 
or related records which are not parts of the same series. 

In the footnotes of essays the chapter and section num- 
bers of the Laws of the State of Indiana (cited as Acts) are omitted 
when parallel Burns and Baldwin section numbers are cited; 
only the year of the law cited is given, as, for example, 
"Acts 1919; Burns 36-706; Baldwin 8899." The history line 
for both Burns and Baldwin sections give the full citations. 
This method has been found necessary to prevent the footnotes 
from becoming unwieldy and occupying too much space on each 
page of the multigraphed volume. 



BOARD OF COMMISSIONERS 181 



PART B., COUNTY OFFICES AND THEIR RECORDS 
I. BOARD OF COMMISSIONERS 

LEGAL STATUS 

The board of commissioners, which has existed in Tippe- 
canoe County ever since 1829 (a board of justices having ex- 
isted from 1826 until 1829)., is composed of three members 
elected for 3-year. terms commencing on January 1 in different 
years." The county is divided into three districts; and one 
commissioner is elected from the residents of each district 
by the voters of the whole county. Each member receives a 
certificate of election from the clerk of the circuit court'* 
and remains in office until his successor has been elected 
and qualified. 5 

Each commissioner must be an elector of the county at 
the time of his election; must have been an inhabitant thereof 
throughout the preceding year; 6 must reside within the county 
after his election; must not hold a ny o t h er 1 u c r a t i v e office; ' 
and must take an oath to support the State and Federal 
Constitutions and faithfully discharge his duties. 3 Each 



1 1 Rev. Stat. 1852 s Acts 1929; Burns 26-601; Baldwin 5215. See footnote 16 herein, 
County commissioners are not constitutional officers. State ex re], "Workman v. Goldthait. 

172 Ind. 210, 87 N. E. 133 (1S09). 

2 Rev. L. 1824, ch. 16, sees. 1, 2. Acts 182S-29 S ch. 16, sees. 1, 2. Rev, L. 1831. ch. 20, 
sec. 2. Rev. Stat. 1838, ch, 21, sec. 2. Rev. Stat. 1843, ch. 4, sec. 11, Acts 1901, ch. 182, sec. 1 
(repealed by Acts 1929, ch. 59, sec. 2). 1 Rev. Stat. 1852; Burns 26-603; Baldwin 5217. Acts 1885; 
Burns 26-604; Baldwin 5218, Acts 1929; Burns 49-207; Baldwin 5566. 

3 Rev. L. 1831, ch. 20, sec. 11. Rev. Stat. 1838, ch. 21, sec. 11. Rev. Stat. 1843, ch. 7, 
sec. 13. 1 Rev. Stat. 1852; Burns 26-602; Baldwin 5216, 

4 Const. 1851, art. 15, sec. 6. Rev. L. 1824, ch. 16, sec. 3. Rev. Stat. 1843, ch. 7, sec. 2. 
1 Rev. Stat. 1852, ch. 31, sec. 38. 1 Rev. Stat. 1852; Burns 49-201.. 49-202; Baldwin 13095, 13096. 

The members are not commissioned by the governor. Hid, 

5 Const. 1851, art. 15, sec. 3. Rev. Laws 1824, ch. 16, sec. 1. Acts 1828-29, ch. 16, sec. 1. 
Rev. Laws 1831, ch. 20, sec. 2. Rev. Stat. 1838, ch. 21, sec. 2. Rev. Stat. 1843, ch. 4, sec. 11. 1 
Rev. Stat. 1852, ch. 20, sec. 3, Acts 1885; Burns 26-604; Baldwin 5218. 

6 Const. 1816, art. 11, sec. 14. Const. 1851, art. 6, sec. 4. 

7 Const. 1816, art. 11, sees. 6, 13. Const. 1851, art. 2, sec. 9; art. 6, sec. 6. 

8 Const. 1851, art. 15, sec. 4. Rev. L. 1824, ch. IS, sec. 3; ch. 23. sec. 15. Rev. L. 1831, 



132 TIPPECANOE COUNTY 



member receives a regular salary of $620 per year, plus 6 
cents for each mile necessarily traveled by him in the con- 
duct of county business. 

For suff icient legal causes any county commissioner may 
be removed from office by the circuit court, after trial by 
jury on an accusation presented by the grand jury or verified 
by the oath of any person. If a commissioner is convicted 
of a felony the judgment of conviction must declare his of- 
fice vacant. 12 

Any vacancy in the office of county commissioner is 
filled at any time through appointment by the commisdoners 
in office. In the event of a tie vote the auditor casts the 
dec idi ng vote . 1 s 

The board of commissioners is a body corporate and pol- 
itic by the name and style of "The Board of Commissioners 
of the County of Tippecanoe." As such, and in such name, 
the beard may sue and be sued. It possesses duties, rights, 
and powers incident to corporations. In legal contempla- 
tion the board is the county. 15 

From the organization of Tippecanoe County in 1826 until 
September 1829, county business was transacted by a board 
of justices composed of all the justices of the peace in the 
county. Ever since September, 1829 the general administra- 
tive control of county matters has been vested in a board of 
commissioners similar to the present board, except that since 



ch. 20, sec. 3. Rev. Stat. 1838, ch. 21, sec. 3. Rev. Stat. 1843, ch. 7, sec. 2. Acts 1905; Burns 
10-3708; Baldwin 2660. 1 Rev. Stat. 1852; Burns 26-605, 49-101; Baldwin 5219, 13054. 

9 Acts 1889, ch. 88, sec. 1. Acts 1899, ch. 241, sec. 1. Acts 1911, ch. 84, sec. 1. Acts 
49-1004; Baldwin 7534. 
Acts 1933; Burns 49-1013; Baldwin 7543. 



1933; Burns 49-1004; Baldwin 7534. 
1 



1 l ConSt. 1851, art. 2, sees. 6, 7; art. 6, sec. 8. Acts 1397, 1899; Burns 49-821 to 49-834, 
49-836; Baldwin 13154 to 13166, 13050, 13168. Acts 1875; Burns 49-837; Baldwin 13052. Bateman v. 
State, 214 Tnd. 138, 14 N. E. (2d) 1007 (1938). 

1 2 Acts 1897, 1899; Burns 49-834; Baldwin 13050. 

1 1 Rev. Stat. 1S52, Acts 1929; Burns 26-601; Baldwin 5215. Opinions of the Attorney Gen- 
eral of Indiana, 1935, p. 7. 

1 4 Rev. L. 1824, ch. 15, sec. 1; ch. 16, sec. 4. Rev. L. 1831, ch. 20, sec. 4. Rev. Stat. 
1838, ch. 21, sec. 4. Rev. Stat. 1843, ch. 7, sec. 3. 1 Rev. Stat. 1852; Burns 26-606; Baldwin 5220. 

Suit against canal company. Acts 1851-52; Burns 36-2302 to 36-2304; Baldwin 9254 to 
9256. 

Suits concerning county seat donations. 1 Rev. Stat. 1852; Burns 26-801; Baldwin 5251. 

1 5 Dice v. County Board of Finance, 99 Ind. App. 405, 192 N. E. 770 (1934). 



BOARD OF COMMISSIONERS 133 

1899 many powers previously exercised by the board of com- 
missioners have been vested in the county council. 

FUNCTIONS AND RECORDS 

The board of commissioners may purchase and sell prop- 
erty for the county (consent of county council is required 
when value is $1,000 or more); 17 has control of the county 
property; may grant licenses, permits, and franchises with 
respect to county property; s has charge of the purchase of 
materials and supplies needed by the county officials; 9 has 

9 

charge of the construction and maintenance of roads," bridges, 



6 Rev. L. 1824, ch. 15. Acts 1825-26, ch. 10, sec. 1 (Tippecanoe organization act). Rev. 
L. 1831, ch. 20. Rev, Stat. 1838, ch. 21, Rev. Stat. 1843, ch. 7, sees. 1-43. 1 Rev. Stat. 1852, "ch, 
6, sec. 1; ch. 20, sees. 17, 18, 21, 22. Acts 1899; Burns 26-501 to 26-551: Baldwin 5365 to 5414. 1 
Rev. Stat. 1852; Burns 26-601 to 26-639; Baldwin 5215 et sea. Snider v. State ex rel. Leap, 206 
Ind. 474, 190 N. E. 178 (1934). See the essay entitled "County Council," 

1 7 Acts 1838-39 (general), ch. 32. Rev. Stat. 1843, ch. 19, sees, 34, 42. Acts 1851-52, ch. 
2, sec. 2. Acts 1855, ch. 12, sec. 1. Acts 1S72 (Spec, Sess,), ch. 10, sec, 4 Acts 1897, 1907; 
Burns 22-2602; Baldwin 4383, Acts 1881, 1885 (Spec. Sess.), 1891; Burns 22-2603; Baldwin 4397. Acts 
1903, 1939; Burns, 1940 suppl., 22-3201; Baldwin, 1939 suppl., 4507. Acts 1913, 1917. 1927; Burns 22- 
3301; Baldwin 4478. Acts 1899; Burns 26-534; Baldwin 5399. 1 Rev, Stat, 1852. Acts 1935; Burns, 
1940 suppl., 26-620; Baldwin, 1935 suppl., 5236. Acts 1937; Burns, 1940 suppl., 26-640; Baldwin. 
1937 suppl., 5236-1, Acts 1927; Burns 26-1515, 26-3516; Baldwin 5193, 5194. Acts 1873; Burns 26- 
1517; Baldwin 5330, Acts 1905; Burns 26=1524; Baldwin 5179, Acts 1915; Burns 264532, 26-1533; 
Baldwin 5187, 5188. Acts 1903; Burns 26-1901; Baldwin 5146. Acts 1913; Burns 26-19C6; Baldwin 
5164. Acts 1907; Burns 26-2008; Baldwin 5107, Acts 1917; Burns 26-2201; Baldwin 5165. Acts 1899; 
Burns 28-250 to 23-257; Baldwin 6502 to 6609. 1 Rev. Stat. 1852, Acts 1913; Burns 52-201. 52-215; 
Baldwin 13360, 13364, 

8 Rev. Laws 1831, ch, 90, sec. 30, Rev, Stat, 1843, ch, 7, sec, 14; ch, 19, sec, 42. 1 Rev, 
Stat. 1852, Acts 1935; Burns, 1940 suppl., 26-620; Baldwin, 1935 suppl,, 5236. 

Insurance. Potts v. Bennett, 140 Ind. 71, 39 N. E. 518 (1595); Barnhill v, Woodard, 26 Ind. 
App. 482. 59 N. E. 1085 (1901). 

1 9 Rev. L. 1831, ch. 15, sec. 14. Rev. Stat. 1838, ch. 17, sec. 14. Acts 1841-42 (general), 
ch. 115, sec. 3. Rev. Stat. 1843, ch. 59, sec, .16, (14), 1 Rev. Stat. 1852, ch. 37, sec, 11,. Acts 1865 
(Spec. Sess.), ch. 99, Acts 1875, ch, 17. Acts 1877, ch. 47, sec, 5, Acts 1889, ch, 85, sec. 9; ch. 
155. sec. 5. Acts 1891, ch. 80, sec. 1. Acts 1899, ch. 110, sec. 13, Acts 1927, ch. 8, sec, 7. Acts 
1899; Burns 26-535; Baldwin 5400. Acts 1899, 1903, 1933; Burns 26-536; Baldwin 540L Acts 1917; 
Burns 26-2209; Baldwin 5173. Acts 1899; Burns 28-707; Baldwin 5946. Acts 1877 (Spec. Sess.); Burns 
30-510; Baldwin 7630. 1 Rev, Stat. 1852; Burns 35-1908; Baldwin 9475. Acts 1875 (Spec. Sess.), 
1919; Burns 49-1435, 49-3206; Baldwin 13130, 5487. 1 Rev. Stat. 1852, Acts 1925; Burns 49-3205; Bald- 
win 5470. Acts 1899, 1913; Burns 52-209; Baldwin 13372. 

20 Rev. L. 1824, ch. 87, sees. 1, 8-7, 9, 12, 15, 24, 25, 29. Rev. L. 1831, chs. '20, 22, 82 
Rev. Stat. 1838, ch. 21, sec. 22; ch. 91. Acts 1838-39 (general), ch. 29. Acts 1839-40 (general), 



134 TIPPECANOE COUNTY 

culverts, 2 waterways, 2 and county buildings and other 
structures; 2 " has the power of eminent domain; 24 provides 
office rooms for county officers;" 5 prepares annual budget 



ch. 4. Acts 1541-42 (general), ch. 159. Rev. Stat. 1843, ch. 16. Acts 1846-47 (general), chs. 31, 
96. Acts 1848-49 (general), ch. 58, sec. 4. 1 Rev. Stat. 1852, ch. 48. Acts 1855, ch. 57. Acts 1858 
(Spec. Sess.), ch. 9. Acts 1861, ch. 63. Acts 1865, chs. 8, 18, 39. Acts 1867, chs- 61, 63, 65. Acts 
1875, ch. 50. Acts 1877, ch. 47. Acts 1881, ch. 8. Acts 1883, chs. 31, 99, 128. Acts 1885, ch. 45. 
Acts 1889, chs. 85, 137, 154, 192, 234. Acts 1893, chs. 88, 112, 163. Acts 1897, ch. 127. Acts 1901. 
chs. 51, 202, 205. Acts 1905, chs. 87, 100, 160, 164, 167. Acts 1909, chs. 29, 101, 148. Acts 1913, chs. 
6, 74. Acts 1915, chs. 60, 159, 176, 186. Acts 1919, chs. 44, 92, 93. 112. Acts 1927, chs. 32, 239. 
Acts 1929, chs. 30, 32, 124, 136. Acts 1931, chs. 41, 122, 134. Acts 1933, chs. 9, 10, 27, 39, 89. 181. 
Acts 1935, chs. 56, 94, 145, 238. Acts 1939, ch. 64, sec. 1; ch. 140. 

2 1 Acts 1818-19, ch. 12, sees. 1, 3, 4. 6. Rev. Laws 1831, ch. 82. sees. 62, 66, 69. Rev. Stat. 
1838, ch. 91, sees. 57-64. Rev. Stat. 1843, ch. 16, sees, 58-74. 1 Rev. Stat. 1852, ch. 16, sees. 4-6. 
Acts 1857, ch. 11. Acts 1861, chs. 12. 42. Acts 1869 (Spec. Sess.), ch. 8. Acts 1873, ch. 8, sec. 
16. Acts 1881, ch. 3, sec. 1, Acts 1885, chs. 31, 45. Acts 1889. chs. 43, 129. Acts 1895, ch. 95. 
Acts 1905, ch. 167, sees. 39, 45. Acts 1907, chs. 212, 217. Acts 1913, chs. 74, 207; ch. 329, sec. 15; 
ch. 330. Acts 1919, chs. 93, 112. Acts 1921, ch. 280. Acts 1923, ch. ISO. Acts 1929, ch. 114, sees. 

1, 2; ch. 124. Acts 1932 (Spec. Sess.), ch. 32. Acts 1933, ch. 27, sec. 3. 

22 Acts 1813, ch. 2, sees. 1, 3. Acts 1827-28, ch. 77, sec. 13. Acts 1832-33, ch. 58, sec. 

2. 1 Rev. Stat. 1852, ch. 73. Acts 1861, ch. 46, sees. 11, 12. Acts 1873, chs. 15, 106. Acts 1875, 
ch. 64. Acts 1881 (Spec. Sess.), ch. 44. Acts 1883, ch. 132. Acts 1891, ch. 18. Acts 1893, ch. 148, 
sec. 1. Acts 1905, ch. 167, sees. 24-26, 29, 30, Acts 1915, ch. 94. 

88 Rev. L. 1824, ch. 17, sec. 59; ch. 39, sec. 11. Rev. L. 1831, ch. 15, sec. 13; ch. 20, sees. 
24, 27; ch. 69, sec. 28; ch. 90. sec. 16. Rev. Stat. 1838, ch. 20, sec. 24; ch. 79, sec. 31. Rev. Stat. 
1843, ch. 7, sees. 20, 21; ch. 19, sees. 34, 37; ch. 57, sec. 1. 1 Rev. Stat. 1852, ch. 20, sees. 16, 17; 
ch. 58, sec. 1; ch. 81, sec. 25. Acts 1855, ch. 12. Acts 1865 (Spec. Sess.), ch. 94, sec. 2. Acts 
1869, ch. 6. Acts 1875, ch. 17, sec. 4; ch. 23. Acts 1877, ch. 18, sec. 2. Acts 1883, ch. 132, sec- 
5. Acts 1889, ch. 16, sec, 1. Acts 1891, ch. 196, sec. 10. Acts 1893, ch. 148, sec. 2. Acts 1895, 
ch. 105, sees. 13-16. Acts 1899, ch. 76. sec. 5; ch. 110, sees. 1, 3; ch. 154, sees. 36, 37. Acts 1905, 
ch. 167, sees. 41, 74. Acts 1907, ch. 271, sees. 1, 3, 4, 9. Acts 1911, ch. 173, Acts 1913, ch. 172. 
Acts 1915, ch. 163. Acts 1917, ch. 156, sees. 4-8. Acts 1919, ch. 55, sees. 2-5. Acts 1927, ch. 59, 
sec. 1. Acts 1933, ch. 258, 

24 Acts 1937; Burns, 1940 suppl., 26-640; Baldwin, 1937 suppl., 5236-1, Acts 1899; Burns 
26-2101 to 26-2106; Baldwin 5109 to 5114. Acts 1919; Burns 36-303; Baldwin 8861, Acts 1935; Bums, 
1940 suppl., 36-711; Baldwin, 1935 suppl., 8861-1. Acts 1921; Burns 59-416; Baldwin 10783. 

2 5 Acts 1829-30, ch. 10, sec. 1. Rev. L. 1831, ch. 15, sec. 13. Rev. Stat. 1838, ch. 17, sec 
13. Rev. Stat. 1843, ch. 7, sec. 21. 1 Rev. Stat. 1852, ch. 37, sec. il. Acts 1865 (Spec. Sess.), 
ch. 99. Acts 1913, ch. 330, sec. 1 (repealed by Acts 1933, ch. 19, sec. 1). Acts 1927, ch. 8, sec. 7. 
Acts 1937; Burns, 1940 suppl.. 2-4726; no Baldwin. Acts 1899; Burns 26-507; Baldwin 5371. 1 Rev. 
Stat. 1852; Burns, 26-624; Baldwin 5240. Acts 1899; Burns 26-625; Baldwin 5241. 1 Rev. Stat. 1852; 
Burns 49-3202; Baldwin 5470. 



BOARD OF COMMISSIONERS 135 

estimates;" 6 may authorize tax refunds;"' allows claims 
against the county; issues bonds and short-term notes (after 
authorization by the county council);" and may levy taxes 
for library purposes ° and to retire certain road bonds. 

The board may establish or abolish townships and election 
precincts, and change the boundary lines thereof; " provides 
rooms, booths, chutes, and ballot boxes for elections, and 



2 6 Acts 1899; Burns 26-516, 26-519; Baldwin 5380, 5383. 

Estimates for road maintenance are under control of the board and may be changed with- 
out the approval of the surveyor or county highway supervisor. Bateman v. State, 214 Ind. 138. 
14 N. E. (2d) 1007 (1938). 

2 7 Rev. L. 1824, ch. 86, sec. 15. Rev. L. 1831, ch. 81, sec. 29. Acta 1853, ch. 110. Acts 
1919, 1927, 1929; Burns 64-2819 to 64-2821; Baldwin 15881, 15882, 15885. 

2 8 Rev. L. 1824, ch, 23, sec. 10, Acts 1828-29, ch. 94, sec. 1. Rev. L, 1831, ch, 20, sees 
7, 17; ch. 102, sec. 7. Rev. Stat. 1838, ch. 21, sec. 39. Rev. Stat. 1843, ch, 7, sees. 23, 26, 28, 29; 
ch. 19, sec. 31. 1 Rev. Stat. 1852, Acts 1935; Burns, 1940 suppl., 26-620; Baldwin, 1935 suppl., 5236. 
Acts 1879 (Spec. Sess.); Burns 26-807; Baldwin 5256. 

Claims under public welfare law. Acts 1936 (Spec. Sess.); Burns, 1940 suppl.. 52-1124; Bald- 
win, 1937 suppl., 14078-25. 

29 1 Rev. Stat. 1852, ch. 20, sees. 17-23. Acts 1867, ch. 9, sees. 1, 2, Acts 1869, ch. 6. 
Acts 1873, ch. 14. Acts 1875, ch. 22. Acts 1881, ch. 8. Acts 1883, ch, 31, Acts 1899, ch. 24; ch, 
109, sec. 3; ch. 127, sec. 1; ch. 189, sees. 1, 2; ch. 206, sec. 7; chs, 243, 252. Acts 1913, ch. 154; 
ch. 165, sec. 23; ch. 172, sec. 3; chs. 205, 226; ch. 275, sec. 5; ch. 357, sec. 12, Acts 1921, ch. 72; 
ch. 87, sec. 1; ch. 153; ch. 203, sec. 1; ch. 219; ch. 245, sees. 4, 17; ch, 262, sec, 35. Acts 1932 
(Spec. Sess.), ch. 15, sees. 1, 2; ch. 59. Acts 1933, ch. 75, 130, 176; ch. 203, sec. 1; ch. 234; ch. 
264, sees. 36, 37. Acts 1935, ch. 117, sees. 2, 3; ch. 155, sec. 1. Acts 1936 (Spec. Sess.), ch. 3, 
sees. 102. 104, 109. Acts 1937, ch. 136. 

Acts 1917, 1921, 1927, 1939; Burns, 1940 suppl., 41-510; Baldwin, 1939 supph, 10321. Opin- 
ions of the Attorney General of Indiana, 1937 , p. 136. 

3 1 Acts 1891, ch. S8, sec. 2, Acts 1897, ch. 81, sec. 1. Acts 1899, ch. 109, sec. 4, Acts 
1901, ch. 205, sec. 7. Acts 1911, ch. 30, sees. 6, 8. Acts 1913, ch. 226, sec, 1. Acts 1915, ch, 159. 
sec. 3. Acts 1917, ch. 87, sec. 28. Acts 1919, ch. 53, sec. 35; ch. 167, sec. 3. Acts 1919; Burns 
36-321; Baldwin 8874, Acts 1909; Burns 36-813; Baldwin 9121. Acts 1905, 1913; Burns 36-1220; Bald- 
win 8819. Acts 1921; Burns 36-1439; Baldwin 8942, 

82 Townships, Rev. L, 1S24, ch. 36, sec. 4. Rev. L. 1831, ch, 33, sec, 4. Rev, Stat. 
1838, ch. 34, sec. 5, Rev. Stat. 1843, ch, 2, art. 2, sec. 1, 1 Rev, Stat, 1852, ch. 110, sec, 1. Acts 
1855, ch. 86, sec. 151. Acts 1861, ch. 41, sec. 157. Acts 1859, 1939; Burns, 1940 supph, 26-701; 
Baldv/in, 1939 suppl., 16055. Acts 1919, 1939; Burns, 1940 suppl., 26-705; Baldwin, 1939 suppl., 16059. 
Election precincts. Acts 1816-17, ch. 14, sec. 3, Acts 1833-34, ch. 48. Rev. Stat. 1838, ch. 
32, sec. 33. Acts 1840-41 (general), ch. 14. 1 Rev. Stat. 1843, ch. 5, sec. 18. 1 Rev. Stat. 1852, ch. 
31, sec. 3. Acts 1877 (Spec. Sess.), ch. 15, sees. 1, 4. Acts 1881 (Spec. Sess.), ch. 47, sees. 8, 9. 
11. Acts 1907, ch. 282, sec. 10. Acts 1911, ch. 150, sec. 2. Acts 1913, ch. 185, sees. 2, 25. Acts 
1915, ch. 126, sec. 2. Acts 1917, ch. 139, sees. 3, 47. Acts 1919, ch. 150, sec. 1; ch. 186, sec. 3. 



136 TIPPECANOE COUNTY 

may provide voting machines; divided the county into four 
co-unci lmanic districts (for county council) in 1899 and may 
change the boundaries thereof at intervals of not less than 
6 years each; may order elections (not oftener than once 
each 3 years) on the question of change of county boundaries 
or formation of a new county; 35 may order an election on 
the question of establishment of a sanitary district within 
the county ; ° 6 may establ ish and maintain 1 ibrar ies 3 7 and hos- 
pitals; 3 may establish and maintain an asylum for orphan 
children; ' has control of the county poor asylum; 40 may 
establish a workhouse and employ a superintendent thereof; 
inspects the county jail 2 and poor asylum; 48 may prescribe 
regulations governing the work of prisoners outside the jail; 
maintains standards of weights and measures; 45 may order the 



Acts 1920 (Spec. Sess.), ch. 10, sec. 2. Acts 1925, ch. 138, sec. 15. Acts 1927, ch. 195, sec. 1. 
Acts 1915; Burns 29-518; Baldwin 7204. Acts 1933; Burns 29-319, 29-1808; Baldwin 7317, 11632. Acts 
1889, 1907; Burns 29-801 et seq.; Baldwin 7089 et seq. Acts 1920 (Spec. Sess.); Burns 29-901; Baldwin 
7091. Acts 1901, 1903; Burns 29-2404; Baldwin 7352. 

33 Rev. L. 1824, ch. 35, sec. 18. Rev. L. 1831, ch. 32, sees. 18, 19. Rev. Stat. 1838, ch. 
32, sees. 10, 30. Rev. Stat. 1843, ch. 5, sees. 25-28. 1 Rev. Stat. 1852, ch. 31, sec. 12. Acts 1881 
(Spec. Sess.), ch. 47. sec. 18. Acts 1899, ch. 155, sec. 1. Acts 1901, ch. 260, sec. 25. Acts 1907, 
ch. 282, sees. 10, 14. Acts 1915; Burns 29-554; Baldwin 7240. Acts 1920 (Spec. Sess.); Burns 29-909; 
Baldwin 7154. Acts 1889; Burns 29-1101; Baldwin 7101. Acts 1897; Burns 29-1121; Baldwin 7135. 
Acts 1901, 1903; Burns 29-2404; Baldwin 7352. 

3 4 Acts 1899; Bums 26-502; Baldwin 5366. 

3 5 Acts 1857, ch. 15. Acts 1859, ch. 22, sec. 1. Acts 1875; Burns 26-201; Baldwin 5032. 
Acts 1861: Burns 26-301; Baldwin 5044. 

3 6 Acts 1913, 1931; Burns 48-4101; Baldwin 11720. 

3 7 Rev. L. 1824, ch. 60, sec. 9. Rev. L. 1831, ch. 59, sees. 9, 10. Rev. Stat. 1843, ch. 25. 
sees. 78-81. Acts 1846-47 (general), ch. 70. 1 Rev. Stat. 1852; Burns 41-501, 41-502; Baldwin 10321 
note. Acts 1917, 1921, 1927; Burns 41-510; Baldwin 10321. Opinions of the Attorney General of Indiana, 
1939, p. 124. 

3 3 Acts 1903; Burns 22-3201; Baldwin 4507. Acts 1907; Burns 48-7514; Baldwin 4539. 

3 9 Acts 1897; Burns 22-2601; Baldwin 4382. Acts 1881, 1885 (Spec. Sess.), 1891; Burns 22- 
2603; Baldwin 4397. 

4 ° ConsT:. 1816, art. 9, sec. 4. ConsT:. 1851, art. 9, sec. 3. 1 Rev. Stat. 1852, ch. 81, sees. 
25-38. Acts 1899, ch. 76. Acts 1913, ch. 360. 

4 l Acts 1879 (Spec. Sess.); Burns 13-1101, 13-1102; Baldwin 13759, 13760. 

4 2 Acts 1807, ch. 11, sec. 8. Acts 1909; Burns 13-1008; Baldwin 13460. 

4 3 Rev. Stat. 1843, ch. 19, sec. 38. 1 Rev. Stat. 1852, ch. 115, sec. 3 (repealed by Acts 
1853, ch. 119. sec. 1). 1 Rev. Stat. 1852, Acts 1899; Burns 52-205; Baldwin 13373. 

4 4 Acts 1879, ch. 26. Acts 1905; Burns 9-2229; Baldwin 2336. 

4 5 Rev. L. 1824. ch. 109, sec. 5; ch. 116. Rev. L. 1831, ch. 110. Rev. Stat. 1838, ch. 114. 
Rev. Stat. 1843, ch. 63. 1 Rev. Stat. 1852, ch. 117. Acts 1911, ch. 263, sees. 3-7. Acts 1913, ch. 
161, sec, 1. 



BOARD OF COMMISSIONERS 137 

establishment of a permanent meridian line in the county; 46 
may regulate traf f i c on the county roads; 7 may enforce regu- 
lations of the Administrative Building Council of Indiana; 4 
may determine the question of public utility of a levee peti- 
tioned for by a levee association; 9 may receive funds and 
property from private sources and hold the same intrust for 
certain purposes; 50 may receive donations for bridges, 
parks, monuments, and public grounds; 5 " may make donations 
for certain educational purposes; 5 may order elections on 
the question of public aid to railroads and may grant such 
aid when authorized by election; receives petitions for 
aid to historical soc ie ties , makes estimates and recommenda- 
tions as to amounts of funds needed, and refers the same to 
the county council for action thereon; 55 may cancel allowances 
and warrants drawn thereon if not called for within 5 years; 5 
may order the county auditor to issue fee bills for costs "in 
cases tried and heard" before the board "in which costs are 
adjudged against any party"; 57 may grant franchises to street 



4 6 Acts 1895; Burns 49-3327; Baldwin 10849. 

4 7 Rev. Stat. 1838, ch. 91, sec. 85. Rev. Stat. 1843, ch. 53, sec. 103. Acts 1848-49 (gen- 
eral), ch. 109, sees. 118, 121, 122. Acts 1929, ch. 190, sec. 1. Acts 1919; Burns 36-706; Baldwin 
8899. Acts 1939; Burns, 1940 supph, 47-1813, 47-1827, 47-1828, 47-2004. 47-2005; Baldwin, 1939 suppl., 
11189-23, 11189-37, 11189-38, 11189-65, 11189-66. 

4 8 Acts 1923; Burns 20-401, 20-408; Baldwin 4603, 4610. 

4 9 Acts 1905, ch. 168. Acts 1913, 1927; Burns 27-915; Baldwin 10241. 

5 ° Cemeteries. Acts 1838-39 (general), ch. 43, sees. 1, 3. Rev. Stat. 1843, ch. 25, sees. 
63-67. Acts 1867. ch. 13, sec. 1. Acts 1881, ch. 12, sees. 1, 4, 5. Acts 1881 (Spec. Sets.); Burns 
21-210, 21-211; Baldwin 4626, 4627. Acts 1915; Burns 21-214, 21-217; Baldwin 4668, 4674. 1 Rev. 
Stat. 1852; Burns 25-1521; Baldwin 106C0. Acts 1905; Burns 48-6003; Baldwin 12665. 

Homes for indigent persons. Acts 1889; Burns 26-1204; Baldwin 5297. Acts 1903; Burns 
26-1205; Baldwin 13446. 

Bounty for volunteers to military and naval service. Acts 1869 (Spec. Sess.), ch. 17, sec. I. 

5 1 Rev. L. 1824, ch. 87, sec. 30. Rev. L. 1831, ch. 82, sec. 67. Rev. Stat. 1838, ch. 91, 
sec. 62. Rev. Stat. 1843, ch. 16, sec. 61. Acts 1848-49 (general), ch. 109, sec. 62. Acts 1857, ch. 
11, sec. 3. Acts 1905; Burns 36-1902; Baldwin 9864. 

5 2 Acts 1865 (Spec. Sess.), ch. 73. Acts 1872 (Spec. Sess.), ch. 6. Acts 1885 (Spec. 
Sess.), ch. 72. Acts 1903, ch. 138. Acts 1907, ch. 77. 

5 3 Acts 1889, ch. 230, sec. 1. Acts 1899, ch. 187, sec. 10. Acts 1897; Burns 28-5503 to 28- 
5506; Baldwin 6784 to 6787. 

5 4 Acts 1869 (Spec. Sess.), 1875 (Spec. Sess.), 1879; Burns 55-302, 55-314; Baldwin 14336, 
14348. Acts 1872 (Spec. Sess.); Burns 55404, 55-411, 55-416; Baldwin 14382, 14389, 14394, 

5 5 Acts 1901. ch. 233. Acts 1929; Burns 26-1303, 26-1304; Baldwin 5577, 5578. 

5 6 Acts 1879 (Spec. Sess.); Bums 26-815; Baldwin 5273. 

5 7 Acts 1865 (Spec. Sess.); Burns 26-639; Baldwin 5360. 



133 TIPPECANOE COUNTY 

railroad companies for the extension of tracks beyond city 
limits; 5 may authorize the fencing of lands subject to over- 
flow and the charging of special assesiments against the lands 
benefited thereby; may make special assessments to pay 
the cost of construction of roads; 60 may subscribe for news- 
papers printed in the county and require the recorder to pre- 
serve copies thereof; J may order the reproduction of muti- 
lated or decayed records; 62 may administer oaths; enforce its 
orders; punish for contempt; 60 may authorize the payment of 
certain bounties; 6 and may offer rewards in case of murder 
or lynching. 66 

The board receives and examines the treasurer's quar- 
terly reports, 6 and makes annual settlements with him; 67 
annually prepares a statement of the receipts and disburse- 
ments of the previous year, and causes it to be published 
aad posted; 08 makes an annual report concerning the school 



5 8 Acts 1875 (Spec. Sess.); Burns 55-610; Baldwin 14151. Acts 1865. 1879 (Spec, Sess.); 
Burns 55-3901; Baldwin 15457. 

5 9 Acts 1875; Burns 30-501 to 30-503; Baldwin 7642 to 7644. Acts 1877 (Spec. Sess.); Burns 
30-605 to 30-608; Baldwin 7655 to 7657. 

6 ° Rev. Stat. 1843, ch. 16, sec. 59. 1 Rev. Stat. 1852, ch. 20, sees. 21, 22; ch. 81, sees. 29, 
35. Acts 1865, ch. 39, sees. 4-7. Acts 1889, ch. 137, sec. 5. Acts 1893, ch. 112, sec. 6. Acts 1895. 
ch. 63, sec. 6, Acts 1905, ch. 167, sec. 90. Acts 1307, ch. 132; ch. 209, sec, 10; ch. 276, sec. 2. 
Acts 1905; Burns 36-1308; Baldwin 8794. Acts 1921; Burns 36-1412 to 36-1414; Baldwin 8915 to 8917. 

6 X 1 Rev. Stat. 1852; Burns 26-626 to 26-628; Baldwin 5285 to 5287. 

6 2 Acts 1877; Burns 26-634, 26-635; Baldwin 5339, 5340. 1 Rev. Stat. 1852; Burns 49-3232; 
Baldwin 5432. 2 Rev. Stat. 1852; Burns 57-101, 57-102, 57-109, 57-111; Baldwin 1168, 1169, 1176. 1178. 

68 Acts 1811, ch. 16, sec. 4; ch. 35, sec. 1. Acts 1832-33, ch. 58, sec. 11. Acts 1833-3-!. 
ch. 20, sees. 1, 2; ch. 24. Rev. Stat. 1838, ch. 21, sec, 38; ch, 76, sec. 3. Rev. Stat. 1843, ch. 7. 
sees. 10, 11. 1 Rev. Stat. 1852; Burns 26-619; Baldwin 5233. 

4 Acts 1817-18 (general), ch. 77, sec. 5. Acts 1826-27, ch. 103, sec. 4. Rev. Stat. 1838. 
ch. 15, sec. 3. Acts 1839-40 (general), ch. 38. Acts 1844-45 (general), ch. 46, sec. 5. 1 Rev. Stat. 
1852, ch. 118. Acts 1867, ch. 9, sec. 3. Acts 1873, ch. 14, sees. 1, 2. 1 Rev. Stat. 1852, Acts 1875. 
1883, 1911: Burns 26-1101 to 26-1103, 26-1105, 26-1106; Baldwin 5288, 5289, 3802, 5293, 5294. 

6 ° Acts 1899; Burns 26-1104; Baldwin 5290. 

6 6 Rev. L. 1824, ch. 23, &ec. 4. Acts 1842-43 (general), ch. 74. sec. 1. Acts 1871, ch. 17, 
sec. 31. Acts 1873, ch. 48, sec. 41. Acts 1895, 1913; Burns 49-1403; Baldwin 7578. 

6 7 Acts 1817-18 (general), ch. 44, sec. 3. Acts 1842-43 (general), ch. 90. Rev. Stat. 1843, 
ch. 7, sec. 90. Acts 1845-46 (general), ch. 48, sec. 1. Acts 1899, ch. 36. sec. 1. Acts 1899; Burns 
26-531; Baldwin 5395. 1 Rev. Stat. 1852; Burns 49-3116; Baldwin 5563. 

6 8 Rev. L. 1824, ch. 15, sec. 6; ch. 16, sec. 9. Rev. L. 1831, ch. 20, sec. 10. Rev. Stat. 
1838, ch. 21, sec. 10. Rev. Stat. 1843, ch. 7, sec. 35. 1 Rev. Stat. 1852, ch. 20, sec. 29. Acts 1899; 
Burns 26-546; Baldwin 5411. 



BOARD OF COMMISSIONERS 139 

funds (after receiving reports from the county treasurer and 
auditor), rankes a permanent record of this report, and sends 
a copy to the auditor of state; b9 may approve (subject to 
further approval by the state board of accounts) the instal- 
lation of a modern tax-accounting system in the offices of 
the auditor and treasurer; 70 and may authorize county offi- 
cers to use a photographic process for recording deeds, mort- 
gages, and other instruments. 7 " The board may license fer- 
ries and fix ferry rates; 7 may make certain regulations 
concerning the operation of ferries;' may authorize elec- 
tions for the incorporation of towns and declare the results 
thereof; 75 may authorize a town to annex unplatted lots; 
and may specify "what kind of animals shall be allowed to 
pasture or run at large on the uninclosed lands or public 
commons" within the bounds of any township in the county. 7 

The board cannot bind the county by any contract or 
agreement, or in any other way, to any extent beyond the 
amount of money already appropriated by ordinance of the 
county council for the purpose of the obligation attempted 
to be incurred, unless s«me law enacted after 1897 expressly 
authorizes such action. 78 



6 9 Acts 1865; Burns 28-259 to 28-262; Baldwin 6611 to 6614. 

7 ° Acts 1937; Burns, 1940 suppl., 60-238 to 60-240; Baldwin, 1937 suppl., 15868-1 to 15868-3. 
7 - 1 Acts 1927; Burns 49-3207; Baldwin 14667. 

7 2 Rev. L. 1824, ch. 41, sees. 8, 11; ch. 42, sees. 1-3, 5, 8, 12; ch. 86, sec. 1. Rev. L. 1831, 
ch. 38, sees. 1, 2, 4, 8. Rev. Stat. 1838, ch. 41, sees. 1, 2, 4, 8, 9, 11. Rev. Stat. 1843, ch. 17, 
sees. 1-8. 1 Rev. Stat. 1852, ch, 80, sec. 27. Acts 1929, ch. 215, sec. 73. Acts 1881 (Spec. Sess.), 
1911; Burns 36-2501 to 36-2504; Baldwin 7676 to 7679, 1 Rev. Stat. 1852, Acts 1855; Burns 36-2601 to 
36-2607; Baldwin 7691 to 7697. Acts 1881 (Spec. Sess.), 1897; Burns 36-2608 to 36-2618; Baldwin 7698 
to 7708. Acts 1917, 1937; Burns, 1940 suppl., 42-201; Baldwin, 1937 suppl., 10443. 

7 3 Rev. L. 1824, ch. 42, sec. 6. Rev. L. 1831, ch. 26, sec. 43; ch. 38, sec. 10. Rev. Stat. 
1838, ch. 41. sec. 10. IRev. Stat. 1852, ch. 39, sec. 10; ch. 80, sec. 27. Acts 1929, ch. 215, sec. 73, 
Acts 1881 (Spec. Sess.), 1897; Burns 36-2613; Baldwin 7703. 

7 4 Rev. L. 1824, ch. 41, sec. 8; ch. 42, sec. 8. Rev. L. 1831, ch. 38, sees. 5, 7, 11. Rev. 
Stat. 1843, ch. 17, sec. 9. 1 Rev. Stat. 1852; Burns 36-2606; Baldwin 9876. Acts 1881 (Spec. Sess.); 
Burns 36-2614; Baldwin 9884. 

7 5 Rev. Stat. 1838, ch. 108, sec. 1. Rev. Stat. 1843, ch. 25, sees. 1, 2. Acts 1905 ; 1909; 
Burns 48-104, 48-105, 48-109; Baldwin 11327, 11328, 11332. 

7 6 1 Rev. Stat. 1852, ch. 17, sees. 82, 83; ch. 108, sees. 51, 52. Acts 1857, ch. 33, sees. 1 
84, 85. Acts 1859, ch. 132, sees. 13, 14. Acts 1865 (Spec. Sess.), ch. 1, sees. 83, 84, 92. Acts 1867, 
ch. 15, sees. 85, 86. Acts 1909; Burns 48-707, 48-708; Baldwin 11340, 11341. 

7 7 Acts 1843-44 (general), ch. 45. 1 Rev. Stat. 1852, Acts 1879 (Spec. Sess.); Burns 16-101, 
16-102; Baldwin 5028, 5029. 

7 8 Acts 1899; Burns 26-525; Baldwin 5389. 



140 TIPPECANOE COUNTY 

The board has authority to appoint a county highway su- 
pervisor, 73 a county health officer, 80 a pub lie health nurse, 81 
a county inspec tor of we i erhts and measures, 8 '' a superintend- 
ent of the poor asylum, 8 food inspectors (beef, flour, pork, 
salt, and hay), 8 an appraiser of state lands, 85 fence view- 
ers, ' a board of visitors (one member from each township) 
to the county asvlum, 87 one member of the local alcoholic 
beverage board, 8 ] five members of a county planning commis- 
sion, 8 ' three members of the county public library board, 90 
and three members of a miners' examination board; 9 may 
employ a county attorney, 92 tax ferrets, 93 a civil engineer 
(if the surveyor is not a competent civi 1 engineer ), bridge 

7 9 



Acts 1933; Burns 36-1110; Baldwin 8708. See the essay entitled "County Highway Sup- 
Acts 1935; Burns, 1940 suppl., 35-118; Baldwin, 1935 suppl., 8404-1. See the essay en- 
ty Health Officer." 
Acts 1935; Burns, 1940 suppl., 35-123; Baldwin, 1935 suppl., 8404-6. 



ervisor." 

80 



titled "County Health Officer." 

81 



8 2 Acts 1911, ch. 263, sec. 3. Acts 1913, ch. 161. sec. 1. Acts 1925; Burns 69-104, 69-107; 
Baldwin 16335, 163S8. 

8 3 Rev. L. 1831, ch. 69, sec. 29. Rev. Stat. 1838, ch. 79, sec, 33. Rev. Stat, 1843, ch. 19, 
sec. 34. 1 Rev. Stat. 1852; Burns 52-201; Baldwin 13360. Acts 1927; Burns 22-3009; Baldwin 4354. 
Acts 1899, 1913; Burns 52-204; Baldwin 13365. 

8 4 Rev. L. 1824, ch. 109, sec. 4. Rev. L. 1831, ch. 50, sees. 1-6. Acts 1833-34, ch. 72, sees. 
1, 14. Rev. Stat. 1838, ch. 53, sees. 1, 3, 6. Acts 1839-40 (general), ch. 21, sec. 1. Rev. Stat. 
1843, ch. 27, sees. 1, 3. Acts 1847-48 (general), ch. 13, sec. 1. 1 Rev. Stat. 1852; Burns 35-1901; 
Baldwin 9468. 

8 5 Acts 1899, ch. 162, sec. 2. Acts 1889; Burns 62-207; Baldwin 15273. 

8 6 Rev. L. 1824, ch. 15, sec. 7; ch. 38, sees. 2, 3; ch. 69, sec. 3. Rev. L. 1831, ch. 20, 
sec. 20. Rev. Stat. 1838, ch. 21, sees. 20-23. Rev. Stat. 1843, ch. 4, sees, 26, 27; ch. 5, sees. 69- 
71. Acts 1877 (Spec. Sess.); Burns 30-605; Baldwin 7655. Acts 1875; Burns 30-501; Baldwin 7642. 

8 7 1 Rev. Stat. 1852; Burns 52-217; Baldwin 13377. 

8 8 Acts 1935, 1937; Burns, 1940 suppl., 12-417; Baldwin, 1937 suppl., 3764-6. 

8 9 Acts 1935; Bums, 1940 suppl., 26-2301; Baldwin, 1935 suppl., 5205-1. 

9 ° Acts 1917. 1921, 1927, 1939; Burns, 1940 suppl., 41-510; Baldwin, 1939 suppl., 10321. 
9 1 Acts 1923; Burns 46-1001; Baldwin 11073. 

9 2 Acts 1917; Burns 10-3103; Baldwin 822. Acts 1899; Burns 26-519; Baldwin 5383. 

93 Acts 1905; Burns 64-2830; Baldwin, 1935 suppl., 15696-1, 

94 Acts 1816-17, ch. 26, sec. 1. Acts 1877, ch. 47, sec. 1. Acts 1891, ch. 196, sec. 3. 
Acts 1895. ch. 63, sec. 1. Acts 1899, ch. 97, sec. 1; ch. 109, sec. 1; ch. 206, sec. 4. Acts 1901, ch. 
205, sees. 1, 10, 14; ch. 235, sec. 1. Acts 1903, ch. 145, sec. 2. Acts 1883; Burns 26-1405; Baldwin 
5317. Acts 1919; Burns 36-306, 36-505; Baldwin 8864, 8883. Acts 1905, 1907; Burns 36-1205, 36-1301; 
Baldwin 8808, 8787. Acts 1903; Burns 36-1235; Baldwin 9095. Acts 1921; Burns 36-1410; Baldwin 
8913. 1 Rev. Stat. 1852, Acts 1911; Burns 49-3309; Baldwin 5508. 



BOARD OF COMMISSIONERS 141 

superintendents, 95 a custodian of public halls, 96 inspectors 
for construction and repair of county buildings, " 7 a commis- 
sioner to reproduce county re cords wh i ch have been mutilated 
©r destroyed, 98 road viewers and reviewers, 9 " a county vet- 
erinarian, a physician for poor persons (in county insti- 
tutions) and prisoners; ° " may regulate the number of justices 
of the peace in each township (subject to certain statutory re- 
quirements), and may appoint justices in certain instances; 
may authorize the appointment of deputies and assistants of 
county officers; approves the official bonds" ^ of the 



9 5 Rev. L, 1824, ch. 87, sec. 27. Rev. L. 1831, ch. 82, sec. 62, Rev. Stat. 1838, ch. 91, 
sec. 57. Rev. Stat. 1843, ch. 16, sec. 62. 1 Rev. Stat. 1852, chs. 16, 92. Acts 1855, ch. 5, sec. 
4. Acts 1869 (Spec. Sess.), ch. 8, sec. 2. Acts 1905, 1911, 1913; Burns 36-2001; Baldwin 9191. 
Acts 1903; Burns 36-2003; Baldwin 9193. Acts 1895; Burns 36-2217; Baldwin 9232. 

9 6 Acts 1903; Burns 26-1904; Baldwin 5149. 

9 7 Acts 1907; Burns 26-2006; Baldwin 5105. 

9 8 2 Rev, Stat. 1852. Acts 1865; Burns 57-109; Baldwin 1.176 = 

9 9 Rev. L. 1824, ch. 87, sees. 4-7, 9, 15, 24. Rev. L. 1831, ch. 82. sees. 4, 53. Rev, Stat. 
1838, ch. 91, sees. 4, 7, 10, 13, 44, 71, 72, 74, 75, 79. Rev. Stat. 1843, ch, 16, sees, 13, 18, 22, 33, 39. 
1 Rev. Stat. 1852, ch. 48, sees, 9, 15, 19, 22, 23, 28, 31, 46. Acts 1877, ch, 47, sees. 2=6, Acts 1381 
(Spec. Sess.), ch. 61, sec. 2, Acts 1833, ch. 128, sees. 2, 3. Acts 1895, ch,-63, sec. 1. Acts 1899, 
ch. 97, sec, 1; ch. 109, sec. 1; ch. 206, sec. 4. Acts 1901, ch. 205, sees. 1, 14. Acts 1905, ch. 167, 
sec. 84. Acts 1929, ch. 215, sec. 73. Acts 1905, 1907, 1911, 1913; Burns 36-201, 36-205, 36-209, 36-216, 
36-220, 36-221, 36-223, 36-224, 36-1205, 36-1215, 36=1301; Baldwin 8756, 8760, 8764, 8773, 8776, 8777, 8780, 
8781, 8808, 9097, 8787. Acts 1907; Burns 36-405; Baldwin 8996. Acts 1909; Burns 36-805, 36-808; Bald 
win 9113, 9116. Acts 1933; Burns 36-1108; Baldwin 8076. Acts 1903; Burns 36-1235; Baldwin 9095. 
Acts 1921; Burns 36-1430; Baldwin 8933. Acts 1935; Burns, 1940 suppl., 36-2704, 36-2705; Baldwin, 
1935 suppl., 14775-4, 14775-5. 

100 Acts 1925; Burns 16-609; Baldwin 3872. Acts 1915; Burns 16-703; Baldwin 3853. 

101 I Rev. Stat. 1852, ch. 3, sec 8; ch. 81, sec. 27. Acts 1859, ch. 5, sec. 1. Acts 1899, 
Burns 26-533; Baldwin 5398. Lamar v. Board of County Comrs., 4 Ind. App. 191, SON. E, 912 
(1892). 

1 ° 2 Rev. L. 1824, ch. 36, sees. 5-7, Rev. L. 1831, ch, 33, sees. 5-7, 2 Rev. Stat. 1852, pt. 
4, ch. 1, sec. 1. Acts 1913; Burns 5-101; Baldwin 1828. Acts 1891, 1923; Burns 5409, 5410; Bald- 
win 1833, 1834. 

Formerly the board ordered special elections to fill vacancies in the office of justice of 
the peace. Acts 1819-20, ch. 21, sec. 2. Acts 1838-39 (general), ch. 83, sec. 2. 

1 0d Acts 1816-17, ch. 26, sec, 1, Acts 1840-41 (general), ch. 3, sec, 6. Rev. Stat. 1843. 
ch. 7, sec. 63. Acts 1891, ch. 99, sec. 113. Acts 1933, 1935, 1937; Burns, 1940 suppl., 49-1002; Bald- 
win, 1937 suppl., 7532. Acts 1937; Burns, 1940 suppl., 49-3330; Baldwin, 1937 suppl., 5511-1. 

104 Acts 1851-52; Burns 49-123; Baldwin 13093. 



142 TIPPECANOE COUNTY 

auditor, 105 clerk of tbe circuit court/ 06 coroner, 107 county 
highway supervisor, 108 recorder, 109 sheri f f , l ] ° surveyor, 111 
and treasurer; may remove a delinquent county treasurer 

after suit on his official bond has been commenced; 113 may 
remove township trustees from office for failure to keep 
proper books and accounts as required by the school laws; 114 
and may appoint successors in case of any vacancy in the 
offices of auditor, clerk of the circuit court, coroner, 
county assessor, surveyor, sheriff, treasurer, 115 and any of- 
ficers originally appointed to office by the board of com- 
missioners. Appointments made by the board are certified 

by the auditor. 117 

The members of the board of commissioners are ex officio 
members of the county board of finance. 118 The president 
of the board of commissioners is an ex officio member of the 
commission of public records. 19 The three county commis- 



105 Acts 1840-41 (general), ch. 2, sees. 2, 5. Rev. Stat. 1843, ch. 7, sees. 45, 49. Acts 
1847-48 (general), ch. 58. 1 Rev. Stat. 1852, ch. 8, sec. 2, Acts 1889; Burns 49-3003; Baldwin 5417. 

105 Acts 1807, ch. 71, sec. 1. Acts 1847-48 (general), cb, 58. Acts 1851-52; Burns 49-123; 
Baldwin 13093. Acts 1875; Burns 49-2703; Baldwin 1430. 

7 Acts 1851-52; Burns 49-123; Baldwin 13093, 2 Rev. Stat. 1852, Acts 1933; Burns 49 
2901; Baldwin 5436. 

108 Acts 1925; Burns 69-106; Baldwin 16337. 



109 Acts 1851-52; Burns 49-123; Baldwin 13093. 1 Rev. Stat. 1852, Acts 1901; Burns 49- 
3201; Baldwin 5469. 

110 Acts 1851-52; Burns 49-123; Baldwin 13093. 2 Rev. Stat. 1852, Acts 1937; Burns, 1940 
suppl., 49-2801; Baldwin, 1937 suppl., 5493. 

111 Acts 1913; Burns 49-3302 to 49-3304; Baldwin 5505 to 5507. 

112 Rev. L. 1824, ch. 23, sec. 1. Rev. L. 1831, ch. 21, sec. i. Rev. Stat. 1838, ch. 22, 
sec, 1, Rev. Stat. 1843, ch, 7, sees, 67, 74. 1 Rev. Stat, 1852, Acts 1865, 1919; Burns 49-3101, Bald 
win 5548. 

1 1 S 1 Rev. Stat. 1852; Burns 49-3115; Baldwin 5562. 
114 Acts 1865; Burns 28-2420; Baldwin 5980. 

1 1 5 1 Rev. Stat. 1852; Burns 49-405; Baldwin 13104. Acts 1919, 1921; Burns 64-1101; Bald- 
win 15696. 

Treasurer. Acts 1817-18 (general), ch. 44. sec. 3. Acts 1845-46 (general), ch. 2, sec. 1. 

Notice of resignations. 1 Rev. Stat. 1852; Burns 49-206; Baldwin 13100. 

116 

See the authorities cited above for the appointment of officers by the board of com- 
missioners. Resignations. 1 Rev. Stat. 1852; Burns 49-205; Baldwin 13099. 

117 1 Rev. Stat. 1852; Burns 49-204; Baldwin 13098. 

118 Acts 1937; Burns, 1940 suppl., 61-629; Baldwin. 1937 suppl., 13844-50. See the essay 
entitled "Board of Finance." 

Acts 1939, ch. 91, sec. 1. See the essay entitled "Commission of Public Records." 



BOARD OF COMMISSIONERS 143 

sioners are members of the county hospital governing board 
when such board exists, and serve with eight members ap- 
pointed by the judge of the circuit court. 12 Members of 
the board of commissioners served on the county board of 
equalization from 1841 until 1891. 121 

The county council and the board of commissioners, act- 
ing together, approve the acceptance of lands donated to the 
county for purposes of a public forest; 122 hold hearings on 
petitions for the condemnation of school buildings as unfit 
for use, and decide for or against such condemnation, subject 
to appeal to the cireuit court; determine, on proper 
petition, the order in which county road projects shall be 
established and constructed, in the event two or more peti- 
tions for sueb projects are on file with the auditor at the 
same time; 124 and rebuild courthouses and jails destroyed 
by fire or windstorm, and issue bondi to defray the expense 
thereof. 125 

Formerly the board of commissioners could appoint ap- 
praisers (taxes, 1841 to 1872), 126 assessors (taxes, 1826 to 
1841), 127 a clerk of the board of turnpike directors (1879 
to 1913), a commissioner of the 3 percent fund (1833 to 



120 Acts 1903, 1939; Burns, 1940 suppi., 22-3203; Baldwin, 1939 suppl.. 4509, 

121 Acts 1833-39 (general), ch. 14, sees. 5, 14, 15. Acts 1840-41 (general), ch, 1, sees. 
9, 13, 18; ch. 5, sec. 14. Acts 1850-51 (general), ch. 5, sec, 14. Acts 1851-52, ch, 7, sec, 58, 1 
Rev. Stat. 1852, ch. 6, sees, 58, 91; ch. 35, sec. 2. Acts 1867, ch. 110, sec, 2, Acts 1872 (Spec, 
Sess.), ch. 37, sees. 150, 277, 278. Acts 1881 (Spec. Sess.), ch, 96. sec. 129. Acts 1891, ch, 99, 
sec. 114. 

122 Acts 1929; Burns 32-105; Baldwin 4879. 

123 Acts 1931; Burns 28-3001; to 28-3006; Baldwin 6143 to 6148, 

124 Acts 1931; Burns 36-327 to 36-331; Baldwin 8751 to 8755. 

125 Acts 1935; Burns, 1940 suppl., 26-2011; Baldwin, 1935 suppl., 5240-1. 

26 Acts 1840-41 (general), ch. 1, sees. 1-12, 20, Acts 1845-46 (general), ch. 105, Acts 
1850-51 (general), ch. 5, sees. 1, 3. 1 Rev. Stat. 1852, ch. 6, sees. 44, 45. Acts 1858 (Spec. Sess.), 
ch. 2, sec. 1. 

■ Office of appraiser replaced by office of county assessor. Acts 1872 (Spec. Sess.), ch. 37, 
sees. 107, 276. 

127 Rev. L. 1824, ch. 86, sees. 5-7, 29, 42. Rev. L. 1831, ch. 81, sees. 3, 4, Rev. Stat. 
1838, ch. 19. sees. 1, 5; ch. 21, sec. 12. Acts 1840-41 (general), ch. 3, sec. 1. 

128 Acts 1879 (Spec. Sess.), ch. 115, sec. 1. Acts 1883, ch. 99, sec. 1. Acts 18S3 S ch. 163, 
sec. 1. 

Board of turnpike directors was abolished in 1913. Acts 1913, ch. 330, sees. 1, 2. State 
ex rel. Bateman v. Hart, 181 Ind. 592, 105 N. E. 149 (1914). 



144 TIPPECANOE COUNTY 

1853), 129 a county agent ( 1 826 t o 1853 ), l 3 ° constables (1826 
to 18 53) , 1S1 a county surveyor (1831 to 1833, 1843 to 1851 ), 182 
drainage commissioners and appraisers (1863 to 1933), 13 ° 
election inspectors (1826 to 1929), lo4 a librarian and a treas- 
urer for the county library, 135 liquor agents (1855 to 1858), lS6 
listers (taxes, 1826 to 1831), 1S7 a matron for pauper children 
(1881 to 1936), 138 overseers of the poor (1826 to 1853), 139 
a poundkeeper (1826 to 1853), 14 ° road commissioners (1826 



129 Acts 1832-33, ch. 58, sees, 2, 5, 6. Acts 1835-36 (general), ch. 42, sec, 2, Acts 1836- 
37 (general), ch. 35, sees. 2, 3. Rev. Stat. 1838, ch. 107 (first act), sees. 2, 3. Rev. Stat. 1843, 
ch. 7, sec. 32. 1 Rev. Stat. 1852, chs. 44, 92. Acts 1881 (Spec. Sees.), ch. 102. 

130 Rev. L. 1824, ch, 93, sees, 1, 2, 4, 8, 11. Rev. L. 1831, ch. 85, sees. 1, 2, 4, 6, 11. 
Rev. Stat, 1838, ch. 93, sees. 1, 2, 4, 11. Rev. Stat. 1843, ch. 4, sec. 48; ch. 18, sec§, 5, 12, 13, 17. 
Acts 1851-52, ch. 2. 

131 Rev. L. i824, ch. 13, sees. 1, 6; ch. 15, sec, 7. Rev, L, 1831, ch. 17, sees. 5, 9, 20; 
ch. 20, sec. 20. Rev. Stat. 1838, ch, 19, sees. 1, 5; ch. 21, sees. 20-22, Rev. Stat, 1843. ch. 4, sees. 
26, 27, 160; ch. 5, sees, 70, 71. 1 Rev. Stat. 1852, ch. 115, sec, 4. 2 Rev. Stat. 1852, pt, 4, ch. 2, 
sec. 1. 

1 S2 Rev. L. 1831, ch, 102, sec. 1, Acts 1832-33, ch. 74, sees, 4, 5. Rev. Stat. 1838, ch- 
103 (first act), sec. 1; ch. 103 (second act), sees. 4, 5. Rev, Stat. 1843, ch. 4, sec, 48; ch. 10, sec, 1. 

1 33 Acts 1863, ch. 27, sec. 1. Acts 1867, ch. 99, sec. 1. Acts 1873, ch. 66, sec. 13. Acts 
1875, ch. 64, sees. 1, 5. Acts 1879 (Spec. Sess,), ch, 121, sec, 1. _ Acts 1883, ch, 132, sees. 2, 6. 
Acts 1885 (Spec, Sess,), ch. 40, sec. 1. Acts 1889, ch, 67, sec. 13, Acts 1891, ch. 196, sec. 3, Acts 
1893, ch, 146, sec. 3; ch, 148, sec. 1, Acts 1895, ch. 157, sec. 1. Acts 1901, ch. 235, sec. 1. Acts 
1903, ch. 18, sec, 1; ch, 126, sec. 1, Acts 1905, ch. 157, sees, 1, 14. Acts 1907, ch. 252, sees, 1, 
21. Acts 1933, ch. 264, sec. 81. 

134 Rev. L, 1824, ch. 15. sec. 7; ch, 35, sec, 1; ch, 36, sec, 5. Rev. L. 1831, ch, 20, sec. 
20; ch, 33, sec, 5. Rev, Stat. 1838, ch. 21, sees, 20, 22, Rev. Stat, 1843, ch. 4, sees, 26, 27; ch. 
5, sees, 69, 71. 1 Rev, Stat. 1852, ch. 31, sees. 3, 4. Acts 1877 (Spec, Sess.), ch. 15, sec, 4. Acts 
1881 (Spec. Sess.), ch, 47, sees. 10, 11. Acts 1889, ch. 87, sees. 3, 4. Acts 1S97, ch, 131, Acts 1901. 
ch. 201, sec. 1. 

These laws were superseded as to primary elections by an act of 1915 and as lo general 
elections by an act of 1929. Acts 1915, ch. 105, sees. 5, 7, Acts 1929, ch. 150. 

135 Acts 1845-46 (general), ch. 9. 

136 Acts 1855, ch. 105, sees. 5, 7. Acts 1858 (Spec. Sess.), ch, 15, sec. 1. 
1 3 7 Rev, L. 1824, ch, 15, sec. 7, Rev, L, 1831, ch. 81, sees, 3, 4. 

138 Acts 1S81 (Spec. Sess.), ch. 81, sees, 1, 2, 5. Acts 1236 (Spec. Sess.), ch, 3. sees. 5, 
24, 129. 

139 Rev. L, 1824, ch. 15, sec. 7; ch. 72, sees. 1, 2. Rev. L. 1831. ch. 20, sec. 20. Rev, 
Stat. 1838. ch. 21, sees. 20-22; ch, 79, sees, 1, 9. Rev. Stat, 1843, ch, 4, sees. 26, 27, 160; ch, 5, 
sees. 69-71. 1 Rev. Stat. 1852, ch. 81, sees. 1, 2; ch. 110, sees. 5, 17. 

140 Rev. L. 1824, ch. 15, sec. 7; ch. 39, sec. 11. Rev. L. 1831, ch. 20, sec. 27. Rev. Stat. 
1838, ch. 21, sec. 27. Rev. Stat. 1843, ch. 4, sees. 49, 146, 160; ch. 7, sec. 20. 1 Rev. Stat. 1852, 
ch. 92. 



BOARD OF COMMISSIONERS 145 

to 1865), 141 road superintendents (1877 to 1933), 14 road 
supervisors (township or district, 1826 to 1853), 14 ' school 
examiners (1853 tol873), ' i: school superintendents and trus- 
tees (lands and funds, 1826 to 1853), 145 a tax collector (1826 
to 1841), 146 tobacco inspectors (1826 to 1857) . 147 a treasurer 
(1826 to 1841), 148 two members of each township board of 
registry (1867 to 1869), - 9 a board of visitors (three mem- 
bers) for examination of homes where pauper children were 
kept (1881 to 1936), 15 ° and township agents to disburse money 
for certain relief to soldiers, sailors, marines, and their 
families (1865 and 1866). 15] 

Formerly the board of commissioners drew orders on the 
county treasurer and bad them attested by the clerk of the 
board (1826 to 1843); 152 required the making of tax lists by 



141 Acts 1822-23, eh. 25, sec. 5. Rev. Stat. 1838, ch. 91, sees. 66, 67, 75, 79. Rev. Stat. 
1843, ch. 16, sees. 5, 6. 1 Rev. Stat. 1852, ch. 48, sees. 1-4, 46; ch. 115, sec. 4. Acts 1865 (Spec. 
Sess.), ch. 29, sees. 2, 3. 

1 42 Acts 1877, ch. 47, sec. 1. Acts 1879 (Spec. Sess.), ch. 115, sec. 1, Acts 1883, ch. 99, 
sec. 1. Acts 1885 (Spec. Sess.), ch. 57. sees, 9, 10. Acts 1901, ch. 202, sec. 2. Acts 1903, ch. 145, 
sec. 9. Acts 1905, chs. 167, sees. 51, 79. 86. Acts 1913, ch. 330, sec. 1. Acts 1921, ch. 95. Acts 
1919; Burns 36-306. 36-307, 36-325; Baldwin 8864, 8865, 8877. Acts 1933; Burns 364102, 36-1110, 36- 
1113; Baldwin 8700, 8078. 

1 4S Rev. L. 1824, ch. 87, sec. 12. Rev. L. 1831, ch, 20, sec, 20; ch, 82, sec, 47. Rev. 
Stat. 1838, ch. 21, sec, 22; ch, 91, sec. 35. Rev, Stat, 1843, eh. 4, sees, 26, 27, 160; ch. 5, sees, 69, 
71; ch. 16. sees. 75-79. 1 Rev. Stat. 1852, ch. 102, sees. 1-4. 

144 Acts 1853, ch. 106, sec. 6(1). Acts 1855, ch. 86, sec, 146, Acts 1861, ch, 41, sec. 32. 
Acts 1865, ch. 1, sec. 33. Acts 1S73 ? ch. 25, sec, 2. 

1 4 5 Rev, L. 1824, ch. 15, sec. 7; ch. 22, sees, 2, 3; ch. 97, sec. 1. Rev. L. 1831, ch. 20, 
sec. 25; ch, 86, sees. 6, 33, 50, 51; ch. 90, sees. 1, 7, 28, Rev. Stat, 1838, ch, 21, sec, 25; ch. 94(2), 
sec. 2; ch. 98, sees, 1, 28. Rev. Stat. 1843. ch. 14, sec. 31. Rev, Stat. 1852, ch. 97. 

146 Rev. L. 1824, ch, 86, sees. 18, 42, Rev, L. 1831, ch, 81, sees, 17, 18. Acts 1835-36 
(general), ch. 7, sees. 32, 35. Acts 1840-41 (general), ch. 4, sees. 1, 13-22, 

1 4 7 Rev. L. 1824, ch. 109, sec. 4. Rev. L. 1831, ch. 50, sec, 6, Rev. Stat. 1838, ch. 53. 
Rev. Stat. 1843, ch, 27, sec. 7, 1 Rev. Stat. 1852, ch. 55, sec. 1, 

The power to appoint tobacco inspectors was transferred to the judge of the circuit court 
in 1857. Acts 1857; Burns 67-308; Baldwin 9461. 

148 Rev. L. 1824, ch. 15, sec. 7; ch. 23, sees. 1, 2. Rev. L. 1831, ch. 21, sees. 1, 6. Rev, 
Stat. 1838, ch. 22, sees. 1, 6. Rev. Stat. 1843, ch. 4, sees. 2, 18. Acts 1845-46 (general), ch. 2, 
sec. 1. 

149 Acts 1867, ch. 51, sec. 2. Acts 1869, (Spec. Sess.), ch. 31, sec. 1. 

150 Acts 1881 (Spec. Sess.), ch. 81, sec. 8. Acts 1936 (Spec. Sess.), ch. 3, sees. 5, 24, 129. 

151 Acts 1865, ch. 40, sees. 8, 10, 16. 

152 Rev. L. 1824, ch. 23, sec. 4. Rev. L. 1831, ch. 20, sec. 15. Rev. Stat. 1838, ch. 21, 
sec. 15. Rev. Stat. 1843, ch. 7, sec. 76, 



146 TIPPECANOE COUNTY 

tax official?, received and corrected these lists, and reviewed 
tax assessments (1826 to 1841); 53 made all county tax levies 
and rates (1826 to 1899 ); l 5 4 author i zed certain tax levies by 
township trustees (1859 to 1899); 15 ' 5 granted certain exemp- 
tions from poll taxes (1826 to 1 9 1 9) , X 5 6 road taxes (1843 to 
1853), 157 and property taxes (1849 to 1853); 158 directed tax 
officials to prepare, post, and distribute lists of delinquent 
taxes (1831 to 1853); 159 charged and remitted tax penalties 
(1826 to 1843); ' could make allowances to owners of property 
wrongfully seized, gold, or destroyed by any officer acting 
under the liquor laws (1859 to 1917); 161 directed the admin- 
istration of poor relief ( 1 826 to 1936 ) ; l 6 2 audited the books 



158 Rev. L. 1824, ch. 15, sec, 8; ch. 86, sec, 3, Rev, L, 1831, ch. 20, sec. 9; ch. 81, sees. 
5, 8, 14, 16, 27. Acts 1835-36 (general), ch. 7, sees. 5, 7, 17, 18, 25, 28, 29. Acts 1836-37 (general), 
ch. 60, sec. 1. Acts 1838-39 (general), ch. 14, sec. 15; ch. 58, sec. 2. Acts 1840-41 (general), ch. 
9, sec. 4. 

154 Rev. L. 1824, ch. 15, sec. 8; ch. 86, sees, 1, 10, Rev. L. 1831, ch. 20, sec, 9; ch, 69, 
sees. 23, 25, 27; ch. 81, sees, 2, 13. Rev. Stat. 1838, ch. 79, sees. 29, 30; ch. 21, sec. 9, Rev. Stat. 
1843, ch. 16, sec. 59; ch. 19, sees. 36, 43, 1 Rev. Stat. 1852, ch. 6, sec. 1; ch. 20, sees. 21, 22, 28; 
ch. 81, sees. 29, 35. Acts 1859, ch. 133, sec. 8. Acts 1861, ch. 95, sees. 2, 3. Acts 1861 (Spec. 
Sess.), ch. 12, sec. 3. Acts 1863, ch. 16, sec. 1. Acts 1865, ch. 39, sees. 4-7. Acts 1865 (Spec. 
Sess.), ch. 28, sec. 8. Acts 1867, ch. 64. Acts 1873, ch. 99. Acts 1875, ch. 7, sec, 4. Acts 1879, 
ch. 13, sec, 4. Acts 1881 (Spec, Sess.), ch. 63, sec. 27, Acts 1885 (Spec. Sess.), ch. 5. Acts 
1889, ch. 30, sec. 1; ch. 161; ch. 187, sees. 8, 9. Acts 1895, ch. 96, sec. 12. 

County council now has general power to make tax levies and rates. Acts 1899; Burns 
26-515; Baldwin 5379. 

155 Acts 1859, ch. 133, sec. 8. Acts 1861 (Spec. Sess.), ch. 12, sec. 3. Acts 1863, ch. 
16, sec. 1. Acts 1865, ch. 39, sees. 4-7. Acts 1865 (Spec. Sess.), ch. 28, sec. 8. Acts 1867, ch. 64. 
Acts 1873, ch. 99. Acts 1879 (Spec. Sess.), ch. 95, sec. 3. Acts 1881 (Spec. Sess.), ch. 63, sec. 3. 
Acts 1899, 1917; Burns 65-301; Baldwin 16102. 

156 Rev. L. 1824. ch. 86, sec. 1. Rev. L. 1831, ch. 81, sees. 1, 2. Rev. Stat. 1838, ch. 
21, sec. 36. Rev. Stat. 1843, ch. 7, sec. 33. 1 Rev. Stat. 1852, ch. 20, sec. 30 (repealed by Acts 
1919, ch. 59, sec. 2). Opinions of the Attorney General of Indiana, 1936 , p. 83. 

157 Rev. Stat. 1843, eh. 16, sec. 102. Acts 1848-49 (general), ch. 109, sec. 100. Acts 

1849-50 (general), ch. 224, sec. 2. 1 Rev. Stat. 1852, ch. 102. sec. 9. 
15 8 

1 59 



158 Acts 1848-49 (general), ch. 106. 1 Rev. Stat, 1852, chs. 6, 92. 



Rev. L. 1831, ch. 81, sec. 33. Acts 1843-44 (general), ch. 113. Acts 1846-47 (general), 
ch. 30, see. 5. 1 Rev. Stat. 1852, ch. 92. 

160 Acts 1817-18 (general), ch. 42, sec. 8. Rev. L. 1831, ch. 81, sec. 27. Rev. Stat. 1843, 
ch. 12, spc. 66. 1 Rev. Stat. 1852, ch. 6. sec. 96. 

161 Acts 1859. ch. 68. Acts 1917, ch. 4, sees. 26, 40. 

1 6 2 Consl. 1816, art. 9. sec. 4. ConsT:. 1851, art. 9, sec. 3. Rev. L. 1824, ch. 15, sec. 7; 
ch. 72. Rev. L. 1831, ch. 20, sec. 20; ch. 69. Rev. Stat. 1838, ch. 21, sees. 20-22; ch. 52, sec. 3; 



BOARD OF COMMISSIONERS 147 

and accounts of all officers handling county funds (1826 to 
1909); - ° ° audited the warrants of township trustees and re- 
ported thereon to the circuit court (1897 to 1.899); k received 
reports from the judge of the circuit court concerning his 
examination of the office of the clerk of the circuit, court 
(18 52 to 19 09); ' received quarterly reports from the board 



ch. 73, sec. 2; ch. 79. Rev. Stat. 1843, ch. 4, sees. 26, 27, 160; ch. 5, sees. G9-71; ch. 19. i Rev. 
Stat. 1852, ch. 3, sec. 3; ch. 81; ch. 110, sees. 5, 17. Acts 1857, ch. 8. Acts 1865, ch. 40. Acts 
1873, ch. 41, sec. 1. Acts 1875, ch. 119, sees. 1, 2. Acts 1881, ch. 7. Acts 1881 (Spec. Sess.), ch. 
81. Acts 189L ch. 62, sec. 1. Acts 1897, ch. 40. Acts 1899, chs. 76, 87; ch. 90, sees, 3, 6; ch, 
354, sec. 33. Acts 1901, chs. 147, 155, 195, 206. Acts 1903, chs. 106, 144, 247. Wayne Twp. v. 
Brown, 205 Ind. 437, 186 N. E. 841 (1933), Acts 1936 (Spec. Sess.), ch. 3. 

Children. Rev. L. 1824, ch, 72, sec. 6. Rev. Stat. 1838, ch. 79, sees. 6, 11. 1 Rev. Stat. 
1852, ch. 81, sees. 23, 32; ch. 68, sec. 3. Acts 1875, ch. 119, sees. 1, 2. Acts 1881, ch. 7. Acts 
1881 (Spec. Sess.), ch. 81, sec. 10. Acts 1885, ch. 36, sec. 1. Acts 1885 (Spec. Sess.), ch. 34, Acts 
1887, ch. 86; ch. 107. Acts 18S9, ch. 107, sec. 1. Acts 1891, ch. 62, sec, 1. Acts 1897, ch. 40. Acts 
1901, ch. 173, sec. 5. 

Insane, Acts 1817-18 (general), ch. 63, sec. 5. Acts 1839-40 (general), ch. 52, sec. 1. Rev. 
Stat. 1843, ch. 46, sec. 181. 1 Rev. Stat. 1852, ch. 31, sec. 8. 

Blind. Acts 1839-40 (general), ch. 51. Acts 1849-50 (general), ch. 13. Acts 1857, ch. 8. 

Old-age pensions, Acts 1933, ch. 36 (repealed by Acts 1936 (Spec. Sess.), ch. 3, sec. 129). 

163 Rev. L. 1824, ch. 22, sees. 3, 10; ch. 23, sec. 2; ch. 77, sec. 7; ch. 93, sec. 8. Rev. 
L. 1831, ch. 15, sec. 11; ch. 69, sees. 26, 27; ch. 75, sec. 7; ch. 85. sec. 8; ch. 86, sees. 50, 52; ch. 90, 
sees. 4, 20, 21. Rev. Stat. 1838, ch. 17, sec. 11; ch. 22, sec. 2; ch. 79, sees. 4, 27, 30; ch. 83, sec. 
7; ch. 93, sec. 8; ch. 94(2), sees. 13, 15; (.3), sec. 5; (5), sec, 21; (6), sec 7; ch. 95, sec, 6; ch. 98. 
sees. 4, 7; ch. 107(2), sec. 1; (3), sees. 1, 3. [Acts 1839-40 (general), ch. 37, sec, 3,] Acts 1840-41 
(general), ch. 4, sees. 7, 31; ch. 11(13), sees. 3, 5; (18), sec. 12. Acts 1841-42 (general), ch. 67, 
sec. 2; ch. 79, sec. 1. Rev. Stat. 1843, ch. 7, sees. 14, 78; ch. 13, sec. 100; ch. 15, sees. 117-120; ch. 
19, sees. 31, 32. 1 Rev. Stat. 1352, ch. 6, sees. 121, 122; ch. 81, sees. 22, 23 (repealed by Acts 1881 
(Spec. Sess.), ch. 83, sec. 13); ch. 98, sees. 63, 65, 121-125, Acts 1855, ch. 86, sees. 138-140. Acts 
1859, ch. 133, sec. 14. Acts 1861, ch. 41, sees. 18, 149-151. Acts 1865 (Spec. Sess.), ch. 38, sec. 
2. Acts 1893, ch. 88, sec. 4; ch. 146, sec. 21. 1 Rev. Stat. 1852, Acts 1935; Burns, 1940 suppl., 26- 
620; Baldwin, 1935 suppl., 5236. Acts 1897; Burns 26-636; Baldwin 5237. Acts 1365, 1873, 1883; 
Burns 28-2412, 28-2418 to 28-2420; Baldwin 6498, 5978 to 5980.' Acts 1895; Burns 49-1409; Baldwin 
7584. 1 Rev. Stat. 1852; Burns 49-3110; Baldwin 5555. Acts 1909; Burns 60-211; Baldwin 13862. 
Information obtained from E. P. Brennan, state examiner, on May 18, 1939. by W. Davis Ham- 
ilton. 

164 Acts 1897, ch. 144. Acts 18SS, ch. 105, sec. 7. 
1 6 S 2 Rev. Stat. 1852; Bums 49-2720; Baldwin 1439. 

The examination of the clerk's office is now made by the state examiner. Acts 1909; 
Burns 60-211; Baldwin 13862. Information obtained from E. P. Brennan, state examiner, on May 
18, 1939, by W. Davis Hamilton, 



148 TIPPECANOE COUNTY 

of charities and cor re c t i ons ( 1899 to 1 936 ) ; 1 6 6 se 1 ec ted grand 
jurors (1826 to 1881); and pe t i t jurors ( 1826 to 1853); 167 re- 
ceived from justices of the peace and the clerk of the circuit 
court lists showing judgments of fines and the amounts col- 
lected thereon and paid to county treasurer (1826 to J853); 168 
provided blank forms for elections (1826 to 1881); 169 heard 
and decided election contests (1826 to 1.933); supervised 
the sale of town lots by the county agent, and assigned vari- 
ous other duties for him to perform as agent of the board 
(1826 to 1852); 171 awarded scholarships to Indiana Universi ty 
(1834 to 1919) and Purdue University (1877 to 1935).; 172 
could authorize the county aud i tor to employ an administrator 
of the school fund, and was required to annrove the official 
bond of such admini strs tor (1935 to 1937) ; 1 7 S could authorize 
the creation of horse thief de tec t i ve assoc i at i ons , and could 
expel members therefrom (1852 to 1907); 7 could authorize 
designated members of horse thief detective associations to 
exerc i se certa in powers of constables (1907 to 1933); ' 5 could 



6 6 Acts 1899, ch. 34, sees. 3, 4. Acts 1901, ch. 183, sec. 1. Acts 1936 (Spec. Sess.), 
ch. 3, sec. 22. 

167 Rev. L. 1824, ch. 56, sees. 1, 2, 5. Rev. L. 1831, ch. 53, sees, 1, 4, 5, Rev. Stat. 
1838, ch. 57, sees. 1, 4, 5. Acts 1840-41 (general), ch. 44. Rev. Stat. 1843, ch. 50, sees. 1, 3, 4, 
7, 10. 2 Rev. Stat. 1852, pt. 1, ch. 9, sec. 1, p. 24; pt. 3, ch. 4, sec. 2, p. 387. Acts 1875 (Spec. 
Sess.), ch. 12. Acts 1881, ch. 69, sec. 11. 

158 Rev. L. 1824, ch. 22, sec. 9. Rev. L. 1831, ch. 54. sec. 14; ch. 90. sec. 4. Rev. Stat. 
1843, ch. 13, sees. 80-83. 1 Rev. Stat. 1852, ch. 92. 

169 Rev. L. 1824, ch. 35, sec. 1. Rev. L. 1831, ch. 32, sees. 1, 19. Rev. Stat. 1838, ch. 
32, sec. 1. 1 Rev. Stat. 1852, ch. 31, sec. 11. Acts 1855, ch. 66. Acts 1881 (Spec. Sess.), ch. 47, 
sec. 13. 

170 Rev. L. 1824, ch. 35, sees. 22, 23; ch. 36. sec. 8. Rev. L. 1831, ch. 32, sees. 8, 9, 22 
23; ch. 58, sec. 1. Rev. Stat. 1838, ch. 32, sees. 34, 35. 1 Rev. Stat. 1852, ch. 31, sees. 16-23 
Acts 1881 CSpec. Sess.), ch. 47, sees. 83, 84. Acts 1933, ch. 242. 

171 Rev. L. 1824. ch. 60, sees. 8, 9; ch. 93, sec. 4. Rev. L. 1831, ch. 85, sees. 1, 2, 4, 7 
9. Rev. Stat, 1838, ch. 93, sees. 4, 8, 9. Rev. Stat. 1843, ch. 18, sees. 11, 12, 17. Acts 1851-52 
ch. 2, sec. 1. See the essay entitled "County Agent." 

172 Acts 1833-34, ch. 17. Acts 1834-35 (general), ch. 44, sec. 1. Rev. Stat. 1838, ch. 21 
sees. 33, 34. Acts 1841-42 (general), ch. 131, sec: 1. Rev. Stat. 1843, ch. 7, sec. 34. Acts 1846 
47 (general), ch. 39. 1 Rev. Stat. 1852, ch. 114, sec. 10. Acts 1877 (Spec. Sess.), ch. 29. Acts 
1919, ch. 185, sec. 1. Acts 1929, ch. 2, sec. 1. Acts 1935, ch. 184, sees. 1, 2. 

173 Acts 1935, ch. 273. Acts 1939, ch. 153. 
1 7 



1 Rev. Stat. 1852, ch. 51, sec. 2. Acts 1865 (Spec. Sess.), ch. 95, sec. 4. Acts 1891, 
. Acts 1907, ch. 144. Acts 1933, ch. 239. 
Acts 1S07, ch. 144, sec. 8. Acts 1933, ch. 239. 



BOARD OF COMMISSIONERS 149 

allow rewards for the apprehension of horse thieves (1833 to 
1853); 76 made allewances for expanses in pursuing and re- 
turning fugitives ( 1901 to 1909) ; 17? could authorize the in- 
corporation of cemetery associations (1879 to 1939); 178 as- 
sisted in the organization of agricultural societies (1835 
to 1843); allowed damages to owners of sheep killed or 
injured by dogs or wolves (1841 to 1843); 18 directed the 
distribution of funds derived from the sale of estrays and 
driftage, on receiving proof of ownership (1826 to 1843); 181 
directed the liquidation of property donated in the county 
for the colonization of negroes and mulattoes (1852 to 
1865); 182 ordered the county treasurer to distribute the un- 
expended portion of the 3 percent fund to the trustees of 
the several townships; 8 approved privately owned homes 
for friendless women, to be used as places of detention un- 
der court commitments ( 1 867 to 1 869 ) ; l 8 4 could authorize the 
construction of private bridges with authority to charge 
tolls (1826 to 1929); 185 could fix toll-bridge rates (1826 
to 1929); 186 granted brokers' licenses (1841 to 1853) 18n 
and liquor licenses (1826 to 1918); 188 granted tavern licenses 



176 Acts 1832-33, ch. 52. Rev. Stat. 1838, ch. 21 (second act). Rev. Stat. 3843, ch. 7 ', 
sec. 24, 1 Rev. Stat. 1852, ch. 51. 

177 Acts 1901, ch. 104. Acts 1905, ch. 169, sec 42. Acts 1909, ch. 66, sec. I. 
1 7 8 Acts 18 7 9 (Spec. Sess.), ch. 13. Acts 1939, ch. 142, sec. 29,. 

1 7 9 Acts 1834-35 (general), ch. 70, sec. 4, Rev. Stat. 1838, ch. 2 (second act), sees. 1, 
10. Rev. Stat. 1843, ch. 25. 

180 Acts 1840-41 (general), ch. 61. sec. 5. Rev. Stat. 1843, ch. 59, sec. 4. 

181 Rev. L. 1824, ch, 39, sec. 6. Rev, L, 1831, ch, 35, sees. 8, 9. Rev. Stat. 1838, ch. 
37, sees. 8, 10. Rev. Stat. 1843, ch. 21, sec, 20. 

1 8 2 1 Rev. Stat. 1852, ch. 18, sec. 4, Acts 1865, ch. 17. 

188 Acts 1881 (Spec. Sess.), ch, 102, sec. 1. 

184 Acts 1867, ch. 122, sees. 1, 3. Acts 1869 (Spec. Sess.), ch. 32, sees. 1, 15-18. 

1 8 5 Rev. L. 1824, ch. 87, sec. 31. Rev. L. 1831, ch. 82, sec. 68. Rev. Stat. 1838, ch. 91, 
sec. 63. Rev. Stat. 1843, ch. 16, sec. 65. Acts 1848-49 (general), ch. 109, sec. 66. Acts 1855, ch. 
5, sec. 8. Acts 1859, ch. 14, sees. 1, 9. Acts 1929, ch. 215, sec. 73. 

186 Rev. L. 1824, ch. 87, sec, 31. Rev. L. 1831, ch. 26, sec. 43. Rev. Stat. 1838, ch. 41, 
sec. 10; ch. 91, sec. 63. Rev. Stat. 1843, ch. 16, sees. 65, 67. Acts 1859, ch. 14, sec. 9. Acts 1875, 
ch. 8, sec. 7. Acts 1929, ch. 215, sec. 73. 

187 Acts 1840-41 (general), ch. 5, sec. 6. Acts 1841-42 (general), ch. 91. Rev. Stat. 1843, 
ch. 12, sees. 165, 175. Acts 1846-47 (general), ch. 42. 1 Rev. Stat. 1852, ch. 65, sees. 1-3. Acis 
1857, ch. 43. Acts 1917, ch. 50. 

188 Rev. L. 1824, ch. 86, sec. 37; ch. 107, sees. 1-3, p. 406. Rev. L. 1831, ch. 81, sec. 50; 
ch. 105, sec. 19. Rev. Stat. 1838, ch. 105, sec, 1. Rev. Stat. 1843, ch. 25, sec. 27; ch. 59, sec. 15. 



150 TIPPECANOE COUNTY 

with privilege to sell liquor (1826 to 1853); 189 could order 
special elections under local option liquor laws (1908 to 
1917); y granted licenses to sell foreign and domestic gro- 
ceries with privilege to sell liquor (1826 to 1853) ; 191 ap- 
proved all bonds required i u connection with licenses granted 
by the board; ~ and fixed the amount of license fees on var- 
ious licenses (1826 to 1917). 19S 

The board of commissioners has always had the power 
to establish, construct, and maintain roads, 94 except that 
from 1879 until 1913 the board of commissioners was an ex 
officio board of directors for the maintenance of co.unty 
roads (known ae "Board of Turnpike Director?' 1 from 1879 to 
1901 and as "Board of Directors" from 1901 to 1913). This 
board divided the county into three districts, and each di- 
rector had personal supervision of one district. Since 
1913 the surveyor, county high w &y superintendent (1013 t o 
1933), and county highway supervisor (1933 to date), acting 
under the control of the board of commissioners, have had 
charge of the construct ien and maintenance of county high- 

19 6 

ways . 



1 Rev. Stat. 1852, ch. 92, sec. 1(19). Acts 1355, ch. 105, gees, 4, 5; ch. 106, sec. 1. Acts 1858 
(Spec. Sess,), ch, 15. Acts 1859, ch. 130. Acts 1861, ch. 72. Acts 1873, ch, 59, Acts 3875 (Spec 
Sess.), ch. 13. Acts 1889, ch. 148. Acts 1895, ch. 127. Acts 1897, ch. 167. Acts 1905, ch. 6, sec. 
1. Acts 1911, ch. 119, sees, 3-5, Acts 1913, ch. 152. Acts 1915. ch. 10. Acts 1917, ch. 4, sees. 
6, 7; ch. 60. 

189 Acts 1820-21, ch, 30, sees. 1-5. Acts 1825, ch. 71, sec. 3. Rev, L, 1831, ch, 81, sec. 
50. Rev. Stat, 1838, ch. 105, sec. 1. Rev. Stat. 1843, ch. 59, sec. 15, 1 Rev. Stat. 1852, ch. 92. 

1 9 °Acts 1908 (Spec. Sess,), ch. 2, sec. 1. Acts 1911, ch. 7 S sec. 1. Acts 1917, ch, 4, 
sec. 40. 

191 Acts 1827-28, ch. 63, sees. 1-3. Rev. L. 1831, ch. 81, sec. 50. Acts 1836-37 (general), 
ch. 66, sec, 4, Rev, Stat, 1838, ch, 105, sec 4; ch. 108, sec 19. Rev, Stat, 1843, ch, 59, sec 15. 

1 Rev, Stat. 1852, ch. 92. 

19 2 

See the authorities cited in connection with the granting of licenses. 

1 9S Rev. L. 1824, ch. 23, sec 3; ch. 86, sec 37. Rev. L. 1831, ch. 21, sec 7. Rev. Stat. 
1838, ch. 22, sec 7; ch. 105, sec. 6. Rev, Stat. 1843, ch. 59, sec.15, 1 Rev, Stat. 1352, ch. 65, sees. 
1, 2. Acts 1857, ch, 43. Acts 1917, ch. 50. See citations in footnotes in connection with the 
granting of licenses. 

1 9 4 See footnote 20 herein. 

195 Acts 1879 (Spec.Sess.), ch. 115, sec, 1. Acts 1895, ch, 147. Acts 1899, ch, 176, sees, 
1, 2. Acts 1901, ch. 202. Acts 19C5, ch. 167, sec. 85. Acts 1913, ch. 330, sec 1. 

196 Acts 1901, ch. 228. Acts 1911, ch, 105, Acts 1913, ch, 40, sec. 1; ch. 330, sec. 1. 
Acts 1921, ch. 95. Acts 1932 (Spec. Sess.), chs. 32, 34. Acts 1933, ch. 19. Acts 1933; Burns 26- 
1101, 36-1110; Baldwin 8699, 8708. See the essays entitled "Surveyor" and "County Highway Super- 
visor." 



BOARD OF COMMISSIONERS 15). 

A regular session of the board of commissioners begins 
on the 1st Monday of each month and continues so long as the 
necessary business of the session requires. * Special ses- 
sions are held when called by the auditor.or, in case of death 
or disqualification, by the clerk of the circuit court or the 
recorder, respectively." Any two members constitute a 
quorum to do business, When only two members are present 
and a division takes place on any question, such question 
must be continued until the next meeting of the board. 
The sheriff, in person or by deputy, attends the meetings of 
the board and executes its orders." All meetings of the 
board are open to the public, ' An official seal must bs 
kept and used by the board. 202 

The board adopts regulations f@r the transaction of busi- 
ness; and in the trial of causes it is required to comply, so 
far as practicable, with the rules for conducting business in 
the circuit court. ^ Whenever, in the trial of any cause, 
two or more members of the board are disqualified, the judge 
of the circuit court appoints special commissioners to act in 
their places. ' Members of the board of commissioners are 
privileged from arrest and from obeying any subpoena to tes- 
tify, during any session of the board and while going to and 
returning from the same. 

Though appeals may be taken to the circuit court to re- 
view all judicial decisions of the board, no appeal lies from 



197 Rev. L. 1824, eh, 15, sees. 4, 10; ch. 16, sec. 5, Rev, L. 1831, ch. 20, sec, 5. Rev, 
Stat. 1838, ch. 21, sec. 5, Rev, Stat. 1843, ch. 7, sec. 4. 1 Rev. Stat. 1852, ch. 20, sec. 6, Acts 
1859, ch. 21. Acts 1863, ch. 28. Acts 1897, ch. 123, sec. 1, Acts 1899: Burns 26-550; Baldwin 5221. 

198 Acts 1844-45 (general), ch. 66, Acts 1863; Burns 26-607 to 26-609; Baldwin 5222, 5224, 
5225. Acts 1899; Burns 26-610; Baldwin 5223. 

199 Rev. L. 1824, ch. 15, sees. 8, 12; ch. 16, sees, 1, 7; ch, 93, sec. 2. Rev. L. 1831, ch. 
20, sec. 8. Rev. Stat. 1838, ch. 21. sec. 8. Rev. Stat. 1843, ch, 7, sees. 1, 6. 1 Rev. Stat. 1852. 
Acts 1929; Burns 26-601, 26-618; Baldwin 5215, 5227. 

200 Rev. L. 1824, ch. 15, sec. 5; ch. 16, sec. 6. Rev. L. 1831, ch. 20. sec, 6, Rev. Stat. 
1843, ch. 7, sees. 5, 25. 1 Rev. Stat. 1852; Burns 26-611; Baldwin 5226. 

201 Rev. Stat. 1843, ch. 7, sec. 18. 1 Rev. Stat. 1852; Burns 26-623; Baldwin 5239. 

202 Rev. L. 1824, ch. 15, sec. 6; ch. 16, sec. 9. Rev. L, 1831, ch, 20, sec. 10. Rev. Stat. 
1838, ch. 21, sec. 10. Rev. Stat. 1843, ch. 7, sec. 9. 1 Rev. Stat. 1852; Burns 26-622; Baldwin 5232. 

203 Rev. Stat. 1843, ch. 7, sec, 8. 1 Rev. Stat. 1852; Burns 26-617; Baldwin 5228. 

204 Acts 1913; Burns 26-614 to 26-616; Baldwin 5229 to 5231. 

205 Rev. L. 1824, ch. 78, sec. 3, Rev, Stat, 1843, ch. 52, sec. 5. 1 Rev. Stat. 1852; 
Burns 3-401; Baldwin 721, 



152 TIPPECANOE COUNTY 

the action of the board in a purely mini sterial or administra- 
tive capacity, unless a statute specifically allows it. 20 
Appeals are specifically provided for in proceedings concerning 
claims against the county, removal of the county seat, 
licensing of public ferries, ^establishment or modi f icat ion 
of townships, and in rosd matters. 211 

The auditor, as elerkof the board, attends i ts meetings , 
keeps a record of its proceedings, and preserves in his office 
all the books and papers touching the business of the coun- 
ty. 212 Copies of the proceedings of the board, when signed 
and sealed by the auditor, are sufficient evidence there- 
of on th* trial of any cause in any of the courts of this 
state. 213 



206 Rev. L. 1824, ch. 15, sec. 10, Rev. L. 1831, ch. 20, sec. 28; ch. 38, sec. 12, Rev. 
Stat. 1838, ch. 41, sec. 12. Rev, Stat. 1843. ch. 7, sees. 37-43= 1 Rev. Stat. 1852; Burns 26-901; 
Baldwin 5277. State ex rel, Starry v. Board of County Comrs., 136 Ind. 207, 35 N. E. 1100 (1893); 
State e* rel. Sink v. Circuit Court, 214 Ind. 323, 15 N. E. (2d) 624 (1938). 

2 ° 7 1 Rev. Stat. 1852, ch. 3, sees. 9, 10. Acts 1879 (Spec. Sess.), 1885; Burns 26-820; Bald- 
win 5275. 

208 Acts 1879, ch. 15. Acts 1885 (Spec. Sees.); Burns 26-410. 

2 ° 9 1 Rev. Stat. 1852; Burns 36-2615; Baldwin 7705. 

210 Acts 1859, 1939; Burns, 1940 suppl., 26-701; Baldwin, 1939 suppl., 16055. State ex rel. 
Sink v. Circuit Court, 214 Ind. 323, 15 N. E. (2d) 624 (1938). 

2 l l Acts 1848-49 (general), ch. 109, sees. 56, 57. 1 Rev. Stat. 1852, ch. 48, sees. 26, 37. 
Acts 1859, ch. 112, sees. 7, 8. Acts 1869 (Spec. Sess.), ch. 63, sees. 8-13. Acts 1877, ch. 46, sees. 
8-14; ch. 47, sec. 3. Acts 1879 (Spec. Sess.), ch. 115, sec. 1. Acts 1889, ch. 85, sec. 12; ch. 192, 
sec. 3; ch. 234, sec. 16. Acts 1893, ch. 163, sec. 1. Acts 1899, ch. 97, sec. 1; ch. 109, sec. 1. Acta 
1899, ch. 176, sec. 1. Acts 1901, ch. 205, sec. 1. Acts 1903, ch. 145, sec. 14; ch. 165, sec. 1. Acts 
1905, ch. 167, sees. 56, 123. Acts 1909, ch. 101, sec. 8; ch. 148, sec. 1. Acts 1913, ch. 159, sec. 2. 
Acts 1919, ch. 112, sec. 9, Acts 1921, ch. 262, sees. 13, 14, 18. Acts 1933, ch. 27, sec. 8. 

212 Rev. Stat. 1843, ch. 7, sees. 5, 15, 16, 53. Acts 1845-46 (general), ch. 65. 1 Rev. 
Stat. 1852; Burns 26-611, 26-621, 49-3004; Baldwin 5226. 5238, 5418. 

Docketing claims. Acts 1897; Burns 26-806; Baldwin 5256. 

Substitute for auditor. 1 Rev. Stat. 1852; Burns 49-3016; Baldwin 5430. 

The clerk of the circuit court served as clerk of the Board of commissioners until the 
creation of the office of auditor in 1841. Rev. L. 1824, ch. 15, sec. 5; ch. 16, sec. 6. Rev. L. 
1831, ch. 20. sees. 6, 15. Rev. Stat. 1838, ch. 21, sec. 6. Acts 1840-41 (general), ch. 2. 

218 Acts 1816-17, ch. 15, sec. 9. Acts 1817-18 (general), ch. 41, sec. 9. Rev. L. 1824, ch. 
15, sec. 6; ch. 16, sec. 9. Rev. L. 1831, ch. 20, sec. 10. Rev. Stat. 1838, ch. 21, sec 10. Rev. 
Stat. 1843, ch. 7, sec. 9. Acts 1859, ch. 59, sec. 1. 1 Rev. Stat. 1852; Burns 26-622; Baldwin 
5232. 



(1-3) BOARD OF COMMISSIONERS 153 

PROCEEDINGS AND REPORTS 

1. [Commissioners' Papers] ,1826-. 2,122 f. b. f 43 f. d., 

4 carto n s . 
Documents filed in commissioners' court, including claims, 

bids, contracts, contractors'' and retailers' bonds, insurance 
policies on county proper t y , g r a nd j u r y , r o ad vie w e r s ' , f i e 1 d 
examiners'', appraisers', s u p ervisor's and t r e a s u rer'g reports, 
petitions, remonstrances, applications for 1 i q u a r licenses, 
appointments, certificates of elections, plans and specifica- 
tions for construction projects, and canceled bonds and cou- 
pons, showing dates of document, filing, and actio n ; n a t u f e 
and number of document; Dames of principals; and action taken. 
Also contains: Poor Relief Claims, 1827-1930, entry 1G; 
^County Council Documents], 1899-, entry 20; ^L i s t of Jurors], 
1831-60, entry 221; ['Tax Levies], 1837~, entry 283; [Board of 
Finance Papers], 1807—, entry 284; Trustees' Annual Report, 
1899-1932, entry 353; and [Auditor's Miscellaneous Papers!, 
1828—, entry 373. Arr. chron. by dates of filing. No index. 
Hdw., 1826-1900 hdw. and typed, 1901.-. F. b,, 5 x 4 x 10; 
f. d., 7 x 12 x 24; cartons, 36 x 36 x 24, 1,603 f. b., 4 
cartons, 1822-1928, attic stor. rm.; 483 f. b . , 43 f. d., 1927- 
37, and . r e c . rm.; 3 6 f . b . , 1 938- , and. off. 

2 . C COMMISSIONERS ' DOCKET , 182 2-1910. 24 vols. ( A - F , 1 - 
18). Disco n t i nu e d . 
Record of filing of actions in commissioners' court, showing 
date s o f filing and a c t i on, n u rn b e r a n d t i 1 1 e o f i n s t r u m e n t ■ 
names of principals, action take n , a n d f i 1 e box reference t o 
[Commissioners' Papers], entry 1. Also contains; Claim, and 
Allowance Record, entry 8; Damages ar.d Cost., Commissioners'* 
Court, 1828-89, entry 11; Burial of Soldiers, Sailors and 
Marines, 1895-1901, 1908-10 , entry 12; Court Allowances, In- 
sanity and Miscellaneous Papers, 1826-67, June 1878-85 , 1910 , 
entry 331; and Register of Poor Fund Claims, entry 351. Arr.. 
chron. by dates of filing. Indexed alph. by names of princi- 
pals and titles of instruments. Hdw. 600 pp. 18 x 12 x 3. 
Attic stor. rm. 

3 . C OMMISSIONERS ' R ECORD , 1 8 2 6 - . 38 vols. ( A - Z , 27 = 38). 

Title varies; Board of Justice Record, 1826-Mar. 

1831. 2 vols. 

Minutes of meetings of board of commissioners, snowing date 

of meeting, names of members present, nature of b u s i n e s s 

discussed, and action taken. A 1 s (5 contains: Bidders' Record, 



154 TIPPECANOE COUNTY (4-7) 

1826-1934, entry 7; Commissioners' Record, Roads, 1826- 
1910, entry 13; and Retailers' Record, 1826-73, 1875-1918, 
entry 18. Arr. cbron. by dates of meetings. Indexed alph. 
by subjects of business; for separate index to roads 1826-80, 
see entry 16. Hdw., 1826-1932; typed, 1933-. 388 pp. 15 x 
11 x 1]4. 34 vols., 1826-1922, aud. rec. rm.; 4vols., 1923-, 
aud. off. 

Bond issues 

4. Register of Bonds, 1908- . 2 vols. (1 vol . unlabeled; 
2). 

Register of county bond issues, showing dates of issue, pay- 
ment, maturity, and redemption; name and address of purchaser; 
amount, number, and purpose of bond; and rate and amount 
of interest. Arr, chron. by dates of issue. Indexed alph. 
by titles of bond issues. Hdw. 598 pp. 18 x 18 x 3. 1 
vol., 1908-25, aud. rec. rm.; 1 vol., 1926-, aud. off. 

5. Bond Book, 1893-1919. 23 vols. (1-23). 
Redeemed bonds and coupons, showing dates of bond, coupon, 
and redemption; name of purchaser; and amount, number, and 
purpose of bond. Arr. chron. by dates of redemption. No 
index. Hdw. 400 pp. 18 x 12 x 4. Attic stor. rm. 

6. Bond Book [Proofs of Publication], 1911-23. 1 vol. 
(4). 

Proofs of publication of petitions to sell bonds for county 
projects, showing dates of publication and petition, names 
of petitioners and project, and amount and nature of bond. 
Arr. chron. by dates of publication. Indexed alph. bynames 
of projects. Ptd. 580 pp. 18 x 12 x 3. Aud. rec. rm. 

BIDS 

7. BIDDERS' RECORD, 1935~. 1 vol. 1826-1934 in Com- 
missioners' Record, entry 3. 

Record of bids submitted to board of commissioners, showing 
dates of publication and opening of bid; names and addresses 
of publication and bidder; quantity, purpose, and unit price 
of bid; name of accepted bidder; and volume and page refer- 
ence to Commissioners' Record, entry 3. Arr. chron. by dates 
of opening bids. No index. Hdw. 498 pp. 16 x 16 x 2^. 
Aud. off. 



(8-12) BOARD OF COMMISSIONERS 155 

Claims and Allowances 

8 . Claim and Allowance Record , 191!-. 27 vols. (1vol. 
unlabeled; 20-45). 1822-1910 in Commissioners' 
Docket, entry 2. 

Record of claims filed and allowances made, showing date, 
number, nature, and amount of claim; date of filing; amount 
of allowance; and warrant number. Also contains; Damages 
and Costs, Commissioners 1 Court, 1930 — , entry 11; Burial of 
Soldiers, Sailors and Marines, entry 12; Court Allowances, 
Insanity and Miscellaneous Papers, entry 331; and Register 
of Poor Fund Claims, 1911-83, entry 351. Arr. chron. by 
dates of filing. For index, see entry 9. Hdw. 600 pp. 15 x 
12 x S. 12 vols., .1911-23, attic stor. rm.; IS vols., 1924- 
Aug. 1935, and. rec. rm.; 2 vols., Sept. 1935—, aud. off. 

9. Index to Claim and Allowance Record, 1911—. 26 vols. 
(20-45). 

Index to Claim and Allowance Record, entry 8, showing name 
of claimant, and volume and page reference to recording. 
Arr. alpb. by names of claimants. Hdw. 150 pp. 18 x 12 x 
1. 11 vols., 1911-23, attic stor. rm . ; 15 vols,, 1924--, aud. 
ree . rm. 

10. POOR Relief Claims, 1331—. 10 f. d., 46 I. b. 1827- 
1S30 in [Commissioners' Papers], entry 1. 

Vendors' claims for services rendered and provisions furnished 
indigent persons, with township purchase order attached, 
showing dates of claim, purchase order, and payment; names 
of recipient, vendor, and township; amounts of order and 
claim; and case, claim, and warrant numbers. Arr, num. hy 
claim nos . No index. Hdw. P. d. , 4 x 12 x 24; f . b. , 11 x 
5 x 14. 4 f. d., 1931-32, attic stor. rm.; 6 f. d., 1933- 
34, aud. rec. rm.; 46 f. b., 1935-, aud. off. 

1 1 . DAMAGES AND C OST , C OMMISSIONERS ' C OURT , 1890-1329. 

1 vol. 1826-89 in Commissioners' Docket, entry 2; 

1930— in Claim and Allowance Record, entry 8. 
Record of claims paid for damages and costs for construction 
and maintenance of roads, showing date of filing; term of 
court; name of claimant; and amount, number, and purpose of 
claim. Arr. chron. by court terms. Indexed alph. by names 
of payees. Hdw. 272 op. 18 x 12 x 2. Attic stor. rm. 

12. Burial of Soldiers. Sailors and Marines, 1889-9 4, 1902- 

7. 1 vol. 1895-1901, 1908-10 in Commissioners' 

Docket, entry 2; 1911— in Claim and Allowance 

Record, entry 8. 
Record of expenditures for burial of soldiers, sailors, and 



156 TIPPECANOE COUNTY (18-17) 

marines, showing dates of discharge, death, and burial; name, 
age, occupation, and service record of deceased; place of 
burial; and amount of expenditure. Arr. chron. by dates of 
dpaths. Indexed alpfa. by names of decedents. Hdw. 450 pp. 
16 x 12 x 2 l / 2 . Aud. rec. rm. 

PUBLIC IMPROVEMENTS 
(See also entries 315, 316, 439-449, 460-464) 

13. Commissioners' records, roads, 19H-. 10 vols. (Al- 
A10). 1826-19 10 in Commissioners' Record, entry 3. 

Record of actions and proceed ings for cons true t i on and main- 
tenance of highways, showing date of action; names of road, 
petitioners, remonstrators, viewers, engineers, and contract- 
ors; transcripts of petitions, remonstrances, viewers 1 re- 
ports, specifications, bids, contracts, and contractors' 
bonds; estimate of cost; and action taken. Arr. chron. by 
dates of actions. Indexed alph. by names of roads and peti- 
tioners. Hdw. 600 pp. 18 x 12 x 3. Aud rec. rm. 

14. CONSTRUCTION RECORD, 19 26- . 1 vol. 

Record of expenditures for construction of public projects, 
showing date and nature of expenditure, names of payee and 
project, number and amount of warrant, itemized list of ex- 
penditures, and balance in fund. Also contains: Ditch and 
Drain Receipts and Expenditures, entry 17. Arr. by names 
of projects. Indexed alph. by names of projects. Hdw. 
200 pp. 16 x 18 x 2. Aud. off. 

15. COMMISSIONERS' RECORD, CONVERSION OF TOLL INTO FREE 
GRAVEL ROADS, 1884-88. 1 vol. 

Record of proceedings of board of commissioners ©n petitions 
filed to change toll roads into free gravel roads, showing 
dates of petition and meeting, names and addresses of peti- 
tioners, and actions taken by board. Arr. chron. hy dates 
of meetings. No index. Hdw. 376 pp. 16 x 12 x 2 l / 2 . Aud. 
rec . rm. 

16. ROAD INDEX, 1826-80. 2 vols. (I; 1 vol. unlabeled). 
Index to road records in Commissioners' Record, entry 3, 
showing date of document; names of principals, road, and 
township; and volume and page reference to recording. Arr. 
alph. by names of twps. Hdw. 596 pp. 18 x 12 x 2*/2. Aud. 
rec . rm. 

17. DITCH AND DRAIN RECEIPTS AND EXPENDITURES, 1893-1920. 
1 vol. 1926- in Construction Record, entry 14. 

Record of expenditures for construction and maintenance of 



(18-19) COUNTY COUNCIL 157 

ditches and drains, showing date and nature of expenditure, 
names of payee and ditch or drain, number and amount of 
warrant, itemized list of expenditures, and balance in fund. 
Arr. chron. by dates of expenditures. Indexed alph. by names 
of ditches and drains. Hdw. 400 pp. 18 x 12 x 3. Attic 
stor. rm. 

Miscellaneous 

18. Retailers' Record, 1874. 1 vol. (2). Discontinued 
as county record in 1918; kept by state excise di- 
rector, 1933-34, and by Alcoholic Beverage Commis- 
sion of Indiana, 193 5—. 1826-73, 1875-1918 in Com- 
missioners' Record, entry 3. 

Record of applications, licenses granted and bonds posted 
to retail alcoholic beverages, showing dates of application, 
license, and bond; names of applicant and sureties; license 
number; amount and conditions of bond; and location of busi- 
ness. Arr. chron. by dates of applications. Indexed alph. 
by names of applicants. Hdw. 428 pp. 18 x 12 x S. Aud. 
rec. rm. 

19. REGISTER OF INMATES OF COUNTY ASYLUM , 1872-80. lvol. 
Register of persons committed to county asylum, showing 
dates committed and discharged; and name, address, age, 
height, color, occupation, nationality, and mental condition 
of patient. Arr. chron. by dates of commitments. No index. 
Hdw. 2 50 pp. 18 x 14 x 3. Attic stor. rm. 



II. COUNTY COUNCIL 

LEGAL STATUS 

The county council has existed, in Tippecanoe County 
ever since 1899 under the mandatory requirements of an act 
of 1899, commonly referred to as the County Reform Law. 
The council is composed of seven members. Each councilman 
is elected for a term of 4 years, and holds his office until 
his successor has been elected and qualified. The county is 
divided by the board of commissioners into four councilmanic 
districts; and one councilman is elected by the voters- of 
each district. Three councilman at large are elected by the 



1 Acts 1899; Burns 26-501; Baldwin 5365. 



158 TIPPECANOE COUNTY 

voters of the whole county. -i Each councilman receives a 
certificate of election from the clerk of the circuit court 
and is not commissioned by the Governor/ Members of the 
first council were appointed in 1899 by the judge of the circuit 
court." The county auditor, in person or by deputy, serves 
as clerk of the county council. 5 At an organization meeting 
held on the 2d Saturday af ter its election, the council chooses 
from its members a presiding officer and a presiding officer 
pro tern, who serve for the terms of their respective offices 
as counc i lmen . 

Each member must have been an inhabitant of the county 
during 1 year next preceding the date of his election or ap- 
pointment. A councilman at large must be a qualified voter 
and resident freeholder of the county; and each of the other 
members must be a qualified voter and resident freeholder 
of the district from which be was elected or appointed. 
No person can hold the office of councilman while holding 
any other county office or any state, township, or municpal 
office. Each councilman must take an oath that he will 
support the State and Federal Constitutions and that he will 
faithfully and honestly perform his duties as councilman. 8 

A councilman receives a salary of $15 per year plus $10 
for each day served at special meetings of the council." 
Before 1927 there was no additional compensation for serving 
at special meetings. 10 From 1899 until 1933 the auditor was 
entitled to a suitable annual allowance by the county coun- 
cil in an amount not less than $200 nor more than $600 (in 
addition to his regular salary), for his; services as clerk of 
the county counc i 1 ; but since 1933 his annual salary of $3,440 



13096. 



Const. 1851, art. 15, sec. 3. Acts 1899, 1907; Burns 26-502. 26-505; Baldwin 5366. 5369. 

3 Cons!, 1851, art. 15, sec. 6. 1 Rev. Stat. 1852; Burns 49-201, 49-202; Baldwin 13095, 

4 Acts 1899; Burns 26-548. 



6 Acts 1899, 1931; Burns 26-507; Baldwin 5371. 



7 Consl. 1851, art. 2, sec. 9; art. 6, sees. 4, 6. Acts 1899; Burns 26-504; Baldwin 5368. 
State ex rel. Workman v. Goldthait, 172 Ind. 210, 67 N. E. 133 (1909). Opinions of the Attorney Gen- 
eral of Indiana, 1936, p. 412. 

8 ConsT;. 1851, art. 15, sec. 4. Acts 1899; Burns 26-506; Baldwin 5370. 1 Rev. Stat. 1852; 
Burns 49-101; Baldwin 13054. 

9 Acts 1899, 1927; Burns 26-503; Baldwin 5367. 
1 ° Acts 1899, ch. 154, sec. 3. 



COUNTY COUNCIL 159 

has been compensation for his regular duties and also his 
duties as clerk of the county council. 

For sufficient legal grounds any councilman may be re- 
moved from office by the circuit court, after trial by jury 
en an accusation presented by the grand jury or verified by 
the oath of any person; and such removal is subject to review 
b}' the supreme court, If any councilman is convicted of 
a felony the judgment of conviction must declare his office 
vacant. ° The county council has the power to expel any 
councilman for disability, ineligibility, neglect to perform 
the duties of his office, or violation of official duties; 
and n r> law specifically provides for a r e v i e w of such expul- 
sion. 14 Any vacancy in the membership of the council is 
filled through appointment by the remaining members of the 
council at a special meeting held for that purpose. A person 
appointed to fill such vacancy holds office until the expir- 
ation of the term in which such vacancy occurred and until 
his successor is elected and qualified. 15 

The purpose of th® general assembly in creating the 
county council in 1899 was to place limits and checks on 
county b\j s i ne ss and on payments out of the county treasury." J 
Before 1899 the board of commissioners performed the duties 
now performed by the council. ' 

FUNCTIONS AND RECORDS 

The county council makes appropriations of money to be 
paid out of the county treasury, makes county tax levies, 
fixes the county tax rates, sets a township tax rate to cover 



1 X Acts 1899; Burns 26-509, 26-550; Baldwin 5373, 5221. Acts 1933; Burns 49-1001, 49-1004; 
Baldwin 7531, 7534. Opinions of the Attorney General of Indiana, 1934, p. 313; 1936, p. ISO. 

1 2 Const. 1851, art. 2, sees. 6, 7; art. 6, sec, 8. Acts 1899; Burns 26-504; Baldwin 5368. 
Acts 1897, 1899; Burns 49-821 to 49-834, 49-836; Baldwin 13154 to 13166, 13050, 13168. Acts 1875; 
Burns 49-837; Baldwin 13052. 

1 S Acts 1897. 1899; Burns 49-834; Baldwin 13050. 

1 4 Acts 1899; Burns 26-504, 26-512; Baldwin 5368, 5376. 

1 5 Const. 1851, art. 15, sec. 3. Acts 1899, 1907; Burns 26-505; Baldwin 5369. 

1 6 Acts 1899; Burns 26-529; Baldwin 5393. Snider v. State ex rel. Leap. 206 Ind. 474, 190 
N. E. 178 (1934). 

1 7 Acts 1816-17, ch. 8, sec. 1; ch. 18, sec. 7. Acts 1817-18 (general), ch. 42, sec. 12; ch 
43, sec. 23. Rev. L. 1824, ch. 86, sec. 10. Rev. L. 1831, ch. 20, sec. 9. Rev. Stat. 1838, ch. 21 
sec. 9, Rev. Stat, 1843, ch. 12, sec. 43, Acts 1851-52, ch. 7, sec. 1. 1 Rev. Stat. 1852, ch. 6, sec 
1; ch. 20, sees. 13, 16-18, 21, 22; ch. 81, sees. 29, 35. Acts 1859, ch. 133, sec. 8. Acts 1861, ch. 95 
Acts 1863, ch. 16, sec. 1. Acts 1865, ch. 39, sees. 4-7. Acts 1867, ch. 64. Acts 1875, ch. 7, sec. 4 
Acts 1881, ch. 63, sec. 27. 



160 TIPPECANOE COUNTY 

cost of assessment of township taxes, authorizes the bor- 
rowing of money for the county, 9 authorizes the count}' to 
purchase, sell, or convey real estate of the value of $1,000 
or more, v and fixes the amounts of salaries of deputy offi- 
cers and other assistants of county officers. In making 
appropriations, the council considers estimates of expendi- 
tures which are filed by all county of f i cers wi th the aud i tor 
and presented by him to the council with his recommendations 
and proposed ordinances." Such appropriations, tax levies, 
and tax rates are subject to review by the county board of 
tax adjustment or the state board of tax commissioners. 28 
In mandamus proceedings the courts can compel the county 
council to make appropriations and tax levies where it is 
the statutory duty of the council to do so; and this is true 
though such duty restg on the performance of a condition, 
if in fact the condi t ion has been performed. The authori- 
zation by the council of the issuance of bonds or notes in an 
amount exceeding $5,000, excepting temporary obligations, is 
subject to review by the state board of tax commissioners; 
and no bonds or notes bearing interest greater than 5 percent 
per annum can be issued wi thout the approval of said board. 

The county council and the board of commissioners, 
acting together, approve the acceptance of lands given or 



1 8 Acts 1899, 1931; Burns 26-507, 26-515, 26-519, 26-520; Baldwin 5371, 5379, 5383, 5384. Acts 
1899, 1907, 1913, 1937; Burns, 1940 suppl., 26-521; Baldwin, 1937 suppl., 5385. Acts 1899, 1935; Burns, 
1940 suppl., 26-522; Baldwin, 1935 suppl., 5386. Opinions cf the Attorney General of Indiana, 1931, 
p. 434 (welfare funds). 

Special assessments by city against county property, Acts 1917; Burns 48-3330; Baldwin 
5571. Acts 1923; Burns 48-3409; Baldwin 14623. 

1 9 Acts 1899, 1921, 1929; Burns 26-532, 26-540; Baldwin 5396, 5405. 

20 Acts 1903; Burns 22-3201; Baldwin 4507. Acts 1899; Burns 26-534; Baldwin 5399. 

21 Acts 1933, 1935, 1937; Burns, 1940 suppl., 49-1002; Baldwin, 1937 suppl., 7532. 

22 Acts 1899; Burns 26-516 to 26-520; Baldwin 5380 to 5384. Acts 18S9, 1907, 1913, 1937; 
Burns, 1910 suppl., 26-521; Baldwin, 1937 suppl., 5385. 

23 Acts 1937; Burns, 1940 suppl., 64-310, 64-311; Baldwin, 1937 suppl.. 15897-4. 15897-5. 
Acts 1919, 1920 (Spec. Sess.), 1921, 1927, 1935; Bums, 1940 suppi., 64-1331; Baldwin, 1935 suppl., 
15735. O'Rourke v. Board of County Comrs., 215 Ind. 195, 18 N. E. (2d) 330 (1939). 

24 Acts 1899; Burns 26-528; Baldwin 5392. State ex rel. Simpson v. Meeker, 182 Ind. 240, 
105 N. E. 906 (1914); State ex rel. Test v. Steinwedel, 203 Ind. 457, 180 N. E. 865 (1932); Blue v. 
State ex rel. Powell, 210 Ind. 486, 1 N. E. (2d) 122 (1936). 

5 Acts 1919, 1920 (Spec. Sess.), 1921, 1923; Burns 64-1332, 64-1333; Baldwin 15736, 15737. 
Citizens Bank v. Burnettsville, 98 Ind. App. 92, 179 N. E. 724 (1932). 



COUNTY COUNCIL 161 

devised to the county for pwr poses of a public forest; 3 hold 
hearings on petitions for the condemnation of school build- 
ings as unfit for use, and decide for or against such condem- 
nation, subject to appeal to the circuit or superior court; 
determine, on proper petition, the order in which county 
highway projects shall be established and constructed, in 
the event two or more petitions for such projects are on file 
with the auditor at the same time; 28 and rebui Id courthouses 
and jails destroyed by fire or windstorm, and issue bonds to 
defray the expense thereof. 

It is unlawful for any councilman to be interested per- 
sonally in any contract with the county, or to purchase for 
less than par, any bond, warrant, claim, or demand against 
the county, 

The county council holds a regular annual meeting on 
the 1st Tuesday after the 1st Monday in September of each 
year. Special meetings may be called by the auditor or a 
majority of the members ©f the council. 01 The sessions 
are open to the public and may continue until all business 
is completed. A majority of ail the members constitutes 
a quorum to do business, and such majority must concur in 
the passage of ordinances. A greater vote is required in 
order to expel a member ( two- thi rds ) , adopt appropriations 
for items not included in budget estimates or for amounts 
greater than those of the items in the budget estimates 
( thre'e- fourths) . - 5 adopt appropriations at a special meeting 
( two- thirds) , and to levy taxes for the maintenance of 
county roads (unanimous). The sheriff, in person or by 



5385. 



26 Acts 1929; Burns 32-105; Baldwin 4879. 

2 7 Acts 1931; Burns 28-3001 to 28-3006; Baldwin 6143 to 6148. 

2 8 Acts 1931; Burns 36-327 to 36-331; Baldwin 8751 to 8755. 

29 Acts 1935; Burns, 1940 suppl., 26-2011; Baldwin, 1935 supply 5240-1. 

3 ° Acts 1899; Burns 26-513, 26-514; Baldwin 5377, 5378. 
3 l Acts 1899, 1931; Burns 26-507; Baldwin 5371. 

lrns 26-508; Baldwin 5372. 
33 Acts 1899; Burns 26-511; Baldwin 5375. 
3 4 Acts 1899; Burns 26-512; Baldwin 5376. 
3 S Acts 1899; Burns 26-520; Baldwin 5384. 
35 Acts 1899, 1907, 1913, 1937; Burns, 1940 suppl., 26521; Baldwin, 1937 suppl., 

3 7 Acts 1932 (Spec. Sess.); Burns 36-905; Baldwin 8715. 



162 TIPPECANOE COUNTY (20-21) 

deputy, attends the sessions of the council and executes its 
orders. 8 

The auditor, as ex officio clerk of the council, keeps 
in his office the files and papers of the council and a record 
of its proceedings. He keeps separate accounts for each 
specific item of appropriation made by the council. 



40 



20. [COUNTY COUNCIL DOCUMENTS], 1899-. In [Commission- 
ers' Papers], entry 1. 

Contains : 

i. Budget estimates, 1908 - *, showing dates of estimate 
and filing; names of office, official, and fund; 
and i temi zed statement of est imated expenditures. 

ii. Certificates of tax levies, showing dates of cer- 
tificate and filing, name of taxing unit, and 
amount of levy, 
iii. Notices of meetings of county council, 1933-, show- 
ing dates of filing, notice, and meeting; names 
of councilmen and meeting place; and time and 
purpose of meeting. 

iv. Ordinances of appropriations for county expendi- 
tures, showing dates of ordinance and filing; 
names of office, official, fund, and councilmen; 
amounts itemized by office and funds; and total 
for county, 
v. Ordinances for purchase or sale of real estate, 
1933-, showing names of owner, purchaser, ap- 
praiser, and taxing unit; date, amount, and pur- 
pose ©f purchase or sale; location and descrip- 
tion of property; and apprai sed value of property . 

vi. Resolutions, showing date of resolution and filing, 
name of council chairman, nature of resolution, 
and action taken. 

21. COUNTY COUNCIL RECORD, 1899~. 2 Vols, (l, 2). 

Record of minutes of meetings of county council, showing date 
and place of meeting, names of members present, nature of 
business discussed, and action taken. Arr. chron. by dates 
of meetings. Indexed alph. by subjects of business. Hdw. 
500 pp. 18 x 12 x 3. Aud. off. 



3 8 Acts 1899; Burns 26-510; Baldwin 5374. 

o Q 

Acts 1899; Burns 26-509; Baldwin 5373. State ex rel. Van Der Veer v. Butcher, 205 



Ind. 117, 185 N. E. 90S (1935). 

4 ° Acts 1899; Burns 26-523; Baldwin 5387. 



CLERK OF THE CIRCUIT COURT 163 

III. CLERK OF THE CIRCUIT COURT 

LEGAL STATUS 

The office of clerk of the circuit court has existed in 
Tippecanoe County ever since 2826 under the mandatory re- 
quirements of the Constitution of 1816 and the Constitution 
of 1851. The clerk of the circuit court (commonly referred 
to as "county clerk") is elected for a 4-year term by the 
voters of the county. He is commissioned by the Governor 
of Indiana and holds office until his successor is elected 
and qualified. No person is eligible to hold the office 
more than 8 years in any 12-year period. 

The clerk must be an elector of the county at the time 
of his election, must have been an inhabitant thereof dur i ng 
the preceding year; 5 must reside within the county after his 
election; must not hold any other lucrative office; 6 must 
not practice law; 7 must pott bond in an amount fixed by the 
board of commissioners, to be approved by that board and 
filed with the recorder; 8 and must take an oath to support 
the State and Federal Constitutions and faithfully discharge 
the duties of his office. 9 

Under the Constitution of 1816 the clerk was elected 
for a 7-year term and could hold the office of recorder. 

1 Const. 1816, art. 5, sec. 8. Const. 1851, art. 6. sec. 2. Acts 1816-17, eh. 3, sec. 4; ch. 
14, sees. 1, 8. Acts 1817-18 (special), ch. 3, sees. 1, 3. Rev. L. 1824, ch. 36, sees. 1, 3. Acts 
1825-26, ch. 10, sec. 1 (Tippecanoe organization act). 2 Rev. Stat. 1852; Burns 49-2701; Baldwin 
1427. 

2 ConSt. 1816, art. 11, sec. 9. Const. 1851, art. 15, sec. 6. 1 Rev. Stat. 1852; Burns 49-201; 
Baldwin 13095. 

Const. 1851, art. 15, sec. 3. 

Ibid,, art. 2. sec. 11; art. 6, sec. 2. 

5 Con si:. 1816, art. 11, sec. 14. Const. 1851, art. 6, sec. 4. 

6 Const. 1816, art. 11, sees. 6, 13. Const. 1851, art. 2, sec. 6. 

7 Acts 1865, ch. 42 (misnumbered 62), sec. 2. Acts 1881 (Spec. Sess.), ch. 37, sec. 115. 
Acts 1905; Burns 10-3102; Baldwin 2636. McCracken v. State, 27 Ind. 491 (1867). 

8 Acts 1816-17, ch. 2, sec. 4. Rev. L. 1824, ch. 24, sec. 3. Rev. Stat. 1838, ch. 15, sec. 1 
ch. 17, sec. 5 Acts 1905; Burns 10-3708; Baldwin 2660. 1 Rev. Stat. 1352; Burns 49-106, 49-120 
Baldwin 13066, 13068. Acts 1851-52; Burns 49-123; Baldwin 13093. 2 Rev. Stat. 1852; Burns 49-2701 
Baldwin 1427. Acts 1875; Burns 49-2703; 49-2704; Baldwin 1430, 1431. 

9 Const. 1851, art. 15, sec. 4. Acts 1816-17, ch. 2, sec. 4. Acts 1817-18 (special), ch. 3, 
sec. 3. Rev. L. 1824, ch. 24, sec. 3. Rev. L. 1831, ch. 15, sec. 5. Acts 1905; Burns 10-3708; Bald- 
win 2660. 1 Rev. Stat. 1852; Burns 49-101, 49-104; Baldwin 13054, 13057. 

1 ° Const,, 1816, art, 5, sec. 8; art. 11, sec. 10. Rev, Stat. 1843 S ch. 4, sec. 62. 



164 TIPPECANOE COUNTY 

The clerk receive* a regular salary of $3,120 per year. 11 
He .receive! $200 for hit services rendered at each general 
election, primary election, or special election, 12 For each 
registration blank or transfer of registration whichbe fills 
out and executes, he receives a sum fixed by the board of 
commissioners, not exceeding 4 cents ; and in addi ti on thereto 
receives reasonable compensation (fixed by the board of com- 
missioners) for additional services rendered by him as regis- 

1 s 
tration officer. He is not permitted to retain, as compen- 
sation for himself, any fees collected by him, except to the 
extent expressly authorized by statute in the fol lowing cases : 
Five cents for each mile necessarily traveled in going from 
the clerk's office to the Governor's office, to receive state 
ballots, and in returning to the clerk's office; $5 for his 
duties in connection with the admission or discharge of any 
person at any hospital for the insane, the Fort Wayne State 
School, the Muscatatuck Colony, the Indiana Vi llage for Epi- 
leptics, or the James Whitcomb Riley Hospital for Children; 
fees for services in connection with warrants issued by the 
state department of treasury for the collection of gross in- 
come taxes; fees for the issuance of fish and game licenses; 
fees for preparing transcripts for change of venue from his 
county; and all fees for change of venue to his county, ex- 
cept for preparation of transcripts, 4 

For sufficient legal ground"? the clerk of the circuit 
court may be removed from office by the circuit court after 
trial by jury on an accusation presented by the grand jury 
or verified by the oath of any person; and such removal is 
subject to review by the supreme court. 5 If the clerk is 
convicted of a felony the judgment of conviction must declare 
his office vacant. ° 

Any vacancy in the office of clerk of the circuit court 



1 l Acts 1871, ch. 17, sec. 24. Acts 1933; Burns 49-1004; Baldwin 7534. 

1 2 Acts 1935; Burns, 1940 suppl., 29-1014; Baldwin, 1935 suppl., 7109-1. 

1 S Acts 1933, 1935; Burns, 1940 suppl., 29-329; Baldwin, 1935 suppl., 7327. 

1 4 Acts 1841-42 (general), ch. 119, sec. I. Acts 1871, ch. 17, sec. 20 ; Acts 1933; Burns 
49-1001, 49-1005; Baldwin 7531, 7535. Acta 1933, 1937; Burns, 1940 suppl. , 49-1007; Baldwin, 1937 
suppl., 7537. Acts 1927; Burns 49-1301 to 49-1305; Baldwin 7561 to 7565. Acts 1933, 1937; Burns, 
1940 suppl., 64-2613 (a); Baldwin, 1937 suppl., 15993 (a). Opinion* of the Attorney General of Indiana, 
1938, p. 303; 1939, p. 258. 

1 5 ConsT:. 1851, art. 2, sees. 6, 7; art. 6, sec. 8. Acts 1897, 1899; Burns 49-821 to 49-834, 
49-836; Baldwin 13154 to 13166, 13050, 13168. Acts 1875; Burns 49-837; Baldwin 13052. 

1 6 Acts 1897, 1899; Burns 49-834; Baldwin 13050. 



CLERK OF THE CIRCUIT COURT 165 

is filled through appointment by the board of commissioners. 
At the next biennial general election (held on the 1st Tues- 
day after the 1st Monday in November in the even-numbered 
years), a clerk is elected for the remainder of the term in 
which the vacancy occurred. The person appointed or e 1 ec ted 
to fill a vacancy must take oath and post bond, as was re- 
quired of his predecessor, and holds office until his sue- 
cessor is elected and qualified. 

The clerk may appoint deputies and assistants under 
authority from the board of commissioners, Two deputies 
may be appointed without such authorization. The county 
council fixes their salaries, which must be not less than $75 
nor more than $200 per month. The clerk may require any 

deputy to give bond. Each deputy must take the oath re- 

quired of the clerk, may perform all the official duties of 
the clerk, and is subject to the same regulations and penal- 
ties." The clerk may remove such deputies and assistants 
at any time, and is responsible for their official f,cts.'"' L 

FUNCTIONS AND RECORDS 

The clerk of the circuit court files and keeps a record 
of official bonds and oaths of certain county and township 
officers. He approves some of these bonds and administers 
some of these oaths. 22 He approves and files the official 

1 7 Const. 1851, art. 6, sec. 9. Acts 1817-18 (general), ch, 17, sees, 1, 8. Rev. L. 1824, 
ch. 10, sec. 4; ch. 36, sec. 1. Acts 1881 (Spec. Sess.); Burns 29-701; Baldwin 7081, 1 Rev, Stat. 
1852; Burns 49-405, 49-408, 49-409; Baldwin 13104, 13106, 13107. Douglass v. State ex rel. Wright, 31 
Ind. 429 (1869). Opinions of the Attorney General of Indiana, 1936, p. 9. Information obtained from 
Omer Stokes Jackson, Attorney Genera] of Indiana, on July 11, 1939, by W, Davis Hamilton. 

1 8 Acts 1871, ch. 17, sec. 25, 1 Rev. Stat. 1852, Acts 1855, 1925; Burns 49-501; Baldwin 
13108. Acts 1933, 1935, 1937; Burns, 1940 suppl., 494002; Baldwin. 1937 suppl., 7532. Opinions of 
the Attorney General of Indiana, 1934, p. 256; 1937, p. 324. 

1 9 1 Rev. Stat. 1852, Acts 1855, 1925; Burns 49-501; Baldwin 13108. 
20 1 Rev Stat. 1852; Burns 49-502; Baldwin 13109. 

2 1 Rev. L. 1824, ch. 10, sec. 2. 1 Rev. Stat. 1852; Burns 49-503; Baldwin 13110. Acts 
1933, 1935, 1937; Burns, 1940 suppl., 49-1002; Baldwin, 1937 suppl., 7532. 

22 Acts 1816-17, ch. 2, sec. 3; ch. 11, sec. 4; ch. 13, sees. 3, 4; ch. 19, sec, I; ch. 39, sec. 
1. Acts 1817-18 (general), ch. 29, sec. 2; ch. 42, sec, 3; ch. 72, sec. 1. Acts 1817-18 (special), ch, 
3, sec. 3. Acts 1818-19, ch. 2, sec. 1. Rev, L. 1824, ch, 13, sec, 2; ch, 24, sec, 3; ch, 73, sec, 31, 
Rev. L. 1831, ch. 15, sec. 7; ch, 20, sec, 23. Acts 1833-34, ch. 16, sec, 1. Rev, Stat. 1843, ch, 4, 
sees. 84, 86, 89; ch. 10, sec. 2. 2 Rev. Stat, 1852, Acts 1861; Burns 5-118; Baldwin 1847. Acts 1899, 
1911, 1913; Burns 28-702; Baldwin 5931. 1 Rev. Stat. 1852; Burns 49-104, 49-105, 49-120; Baldwin 
13057, 13063, 13068. Acts 1889; Burns 49-109; Baldwin 13C64. Acts 1851-52; Burns 49-123: Baldwin 



166 TIPPECANOE COUNTY 

bonds of notaries public, and he administers and files their 
off-icial oaths. * Bonds of collection agencies are filed by 
the clerk after being approved by the judge of the circuit 
court. The clerk's receipt for such bond mus t accompany any 
application to the secretary of state for a license to operate 
a collection agency.^ Formerly he kept a general index to 
various bonds approved or filed by him. 

The clerk issues licenses for marriages. He records 
these licenses, the applications therefor, and certificates of 
marriage; and he makes monthly reports to the county health 
officer concerning marriages. 

The clerk issues licenses for physicians, surgeons," 
midwiyes, osteopaths, 28 chiropractors , drugless healers , 29 



13093. Acts 1857; Burns 49-124; Baldwin 13077. Acts 1857; Burns 49-125; Baldwin 16118. 2 Rev. 
Stat. 1852; Burns 49-2706; Baldwin 1433, Acts 1889; Burns 49-3003; Baldwin 5417, 1 Rev. Stat. 1852, 
Acts 1865, 1919; Burns 49-3101; Baldwin 5548. Acts 1919. 1921; Burns 64-1001, 64-1101; Baldwin 15666, 
15696, Acts 1915: Burns 65-103; Baldwin 16061. 

28 1 Rev. Stat. 1852, Acts 1855; Burns 49-3503; Baldwin 13016. 

24 Acts 1937; Burns, 1940 suppl., 10-5001, 10-5002; Baldwin, 1937 suppl., 2468-5, 2468-6. 

~ 5 Acts 1817-18 (general), ch. 34, sees. 3, 4, 6, 7. Rev. Stat. 1838, ch. 68, sees. 3, 6 
Rev. Stat. 1843, ch. 35, sees. 8, 9, 12. Acts 1881, ch. 19, sec. 11. Acts 1891, ch. 15, sec. 11. Acts 
1907, 1913; Burns 35-115; Baldwin 8398. 1 Rev. Stat. 1852, Acts 1939; Burns, 1940 suppl., 44-201; 
Baldwin, 1939 suppl., 5622. 1 Rev. Stat. 1852; Burns 44-203; Baldwin 5624. Acts 1905, 1917; Burns 
44-205; Baldwin 5625. Acts 1939; Burns, 1940 suppl., 44-213; Baldwin, 1939 suppl., 5624-1. 

Before March 1, 1940 (the effective date of the 1939 law) a marriage license could be is- 
sued only in "the county in which the female resides." In 1938 the supreme court held that an in- 
junction could be granted to prevent the clerk from violating this law. Sweigart v. State, 213 
Ind. 157, 12 N. E. (2d) 134 (1938). 

The 1939 law provides that the license may be issued in "the county in which application 
for such license is made." 

The 1939 law also provides that each applicant for a license must present a medical cer- 
tificate showing that the applicant is not infected with communicable syphilis, but this provision 
may be waived by the judge of the circuit court "because of emergency or other causes shown 
by affidavit or other proof." Acts 1939; Burns, 1940 suppl., 44-213; Baldwin, 1S39 suppl., 5624-1. 

Common law marriage. Young v. General Baking Co., 104 Ind. App. 658, 12 N. E. (2d) 
1016 (1938). 

Ratification of void ceremonial marriage by living together after removal of disability 
of party. Eddington v. Eddington, 213 Ind. 347, 12 N. E. (2d) 758 (1938). 

2 6 Acts 1881, ch. 19, sees. 10, 11. Acts 1885 (Spec. Sess.), ch. 77, sec. 2 (repealed by Acta 
1897, ch. 169, sec. 10). Acts 1897; Burns 63-1303; Baldwin 10705. 

2 7 Acts 1897; Burns G3-1309; Baldwin 10709. 

2 8 Acts 1901; Burns 63-1316; Baldwin 10716. 

29 Acts 1927; Burns 63-1312; Baldwin 10713. 



CLERK OF THE CIRCUIT COURT 167 

dentist, 30 optometrists, 81 hunting, trapping, fishing, 82 poul- 
try dealers, junk dealers, " and for carrying pistols. 5 
Formerly he issued licenses for ve ter inar i ans , ,J brokers, 
stallions, 88 petty money lenders, 89 and sale of liquor. 40 

The clerk registers certificates of trained nurses. 
He records timber brands, L assumed business names, trade- 
marks and trade names used on bottles and other containers, 4 "" 
and certificates of patents granted by the Uni ted States Pa t- 
ent Office." Formerly he kept a negro register , a register 



8 ° Acts 1899, ch. 211, sees. 5, 7-11. Acts 1913, 1931, 1935; Burns, 1940 suppl., 63-504; Bald- 
win, 1935 suppl., 5589. Acts 1913, 1931; Burns 63-506, 63-507; Baldwin 5591, 5592. 

8 l Acts 1907; Burns 63-1009; Baldwin 13180. Acts 1907, 1935; Burns, 1940 suppl., 63-1010, 
63-1011; Baldwin, 1935 suppl., 13181, 13182. 

8 2 Acts 1901, ch. 203, sec. 13. Acts 1907, ch. 216, sec. 9. Acts 1911, ch. 286, sees. 1, 2. 
Acts 1927, 1933; Burns 11=302, 11-310; Baldwin 8302. 8309. Acts 1937: Burns, 1940 suppl.. 11-1403; 
Baldwin, 1937 suppl., 8229-3. 

The cited sections of the acts of 1901, 1911, 1927, and 1933 were repealed by Acts 1.937, ch. 
21, sec. 161. 

No fee for fishing licenses issued to resident females. Opinions of the Attorney General 
of Indiana, 1939, p. 160. 

88 Acts 1917, 1929, 1932 (Spec. Sess.); Burns 42-802; Baldwin 10486. 

84 Acts 1905; Burns 42-703; Baldwin 10462, 

S 5 

The law authorizes the judge of the circuit court or superior court to issue these li- 
censes and does not mention the clerk. In issuing a license the clerk acts for the judge after 
the judge has approved a written application therefor. One copy of the license must be mailed 
to the superintendent of state police and another copy must be preserved for 6 years "by the au- 
thority issuing said license." The term of the license cannot exceed 1 year. Acts 1935, 1937; 
Burns, 1940 suppl., 10-4738; Baldwin, 1937 suppl., 2569-5. 

Former laws (repealed in 1935) authorized the clerk to issue such licenses. Acts 1925, 
ch. 207, sec. 7. Acts 1929. ch. 98, sec. 1. Acts 1935, ch. 63, sec. 21. 

86 Acts 1901, ch. 189, sec. 7 (repealed by Acts 1905, ch. 98, sec. 17). 

3 7 Acts 1840-41 (general), ch. 5, sec. 18. 

8 Acts 1889, ch. 116, sec. 1 (superseded by Acts 1913, ch. 28, creating the stallion enroll- 
ment board). 

8 9 Acts 1913, ch. 167, sees. 1-4 (repealed by Acts 1917, ch. 125, sec. 6). 

40 Acts 1917, ch. 4, sees. 6, 12. 

41 Acts 1905, 1913, 1931; Burns 63-903; Baldwin 13036. 

4 2 Acts 1901; Burns 51-338; Baldwin 13265. 

4 8 Acts 1909; Burns 50-201, 50-202; Baldwin 13210, 13211. 

44 Acts 1897, ch. 192, sec. 1. Acts 1917, 1931; Burns 66-101; Baldwin 16179. 

4 5 Acts 1869 (Spec. Sess.), 1899; Burns 51-401; Baldwin 2772. 

46 1 Rev. Stat. 1852, ch. 74 sec. 3 (repealed by Acts 1867, ch. 128, sec. 1). 



168 TIPPECANOE COUNTY 



of certificates of agents of foreign insurance companies 



47 



a roll of the attorneys of the county, 48 lists of shareholders 
of all banks doing business in the county; 9 and he recorded 
limited partnerships. 50 

The clerk keeps a register of estrays and articles a- 
drift; 51 records appointments of railroad agents for service 
of process; 52 records the commissions, oaths, and termina- 
tions of authority of railroad policemen; 5 administers 
oaths;" takes acknowledgments of written instruments; 55 
and distributes session laws enacted by the general assembly. 5 6 
Formerly the clerk filed public contracts for support of pau- 
pers; 5 ; filed enumerations of soldiers and sailors; 58 kept 
standards of weights and measures; 59 kept plats showing 
changes in routes of roads and canals; } and performed the 
duties of the office of school commissioner if there was no 
school commissioner, 

The clerk files petitions and remonstrances concerning 
the establishment of a county public library and notifies 
the judge of the circuit court, the county superintendent of 



4 7 Acta 1865 (Spec. Sess.), ch. 15, sec. J. Acts 1877, ch. 43, sec. 1. Acts 1899, ch. 245. 
sec. 1. Acts 1901, ch. 180, sec. 1. Acts 1S03. ch. 66, sec. 1. All of these laws were repealed by 

Acts 1935, ch. 162, sec. 276. 

4 8 



Rev. Stat. 1843, ch. 38, sec. 93. 



4 9 1 Rev. Stat. 1852, ch. 10, sec. 30. 



Rev. Stat. 1838, ch. 78, sees. 5-7. 

5 l Acts 1807, ch. 20, sees. 1-3. Acts 1817-18 (general), ch. 68, sees. 2, 3, Rev. L. 1824, 
ch. 39, sec. 2. 1 Rev. Stat. 1852; Burns 51-306, 51-315; Baldwin 13233, 13243. 

5 2 Acts 1877 (Spec. Sess.); Burns 55-3301 to 55-3303; Baldwin 14329 to 14331. 

5 S Acts 1927; Burns 55-3402, 55-3408; Baldwin 14648, 14654. 

5 4 Acts 1817-18 (general), ch. 29, sec. 2; ch. 42, sec. 3. Acts 1818-19, ch. 17, sec. 1. Rev. 
L. 1324, ch. 10, sec. 2; ch. 73, sec. 31. 2 Rev. Stat. 1852; Burns 49-2708; Baldwin 1435. 

5 5 Acts 1817-18 (general), ch. 28, sec. 12, Rev. L. 1824, ch. 82, sec. 12. Rev. L. 1831, 
ch. 41, sec. 10. 1 Rev. Stat. 1852, Acts 1859; Burns 56-123; Baldwin 14674. 

6 6 Acts 1933, 1935; Burns, 1940 suppl., 49-1612, 49-l612a, 49-1614; Baldwin, 1935 suppl., 
14956, 14956-1, 14958. Acts 1897; Burns 49-1613; Baldwin 14957. 

5 7 Rev. L. 1824, ch. 72, sec. 3. Rev. L. 1831, ch. 69, sec. 2. 

5 8 Acts 1885 (Spec. Sess.), ch. 97, sees. 1, 3 (both repealed by Acts 1895, ch. 100, sec. 1). 
Acts 1913, ch. 46, sees. 1, 2 (both repealed by Acts 1923, ch. 4, sec. 1). 

5 9 Acts 1817-18 (general), ch. 67, sees. 1, 2. Rev. L. 1824, ch. 116. Rev. L. 1831, ch. 



110. 

60 



Rev. Stat. 1838, ch. 17, sec. 56. 



6 l Acts 1836-37 (general), ch. 31, sec. 1, 



• - CLERK OF THE CIRCUIT COURT 169 

schools, and tb« board of comraissiocers of the f il iug of such 
petition and any tax levy made for sueh library. 6 '" 

All funds received by the clerk must be deposited in a 
depository designated by the board of finance, and may be 
withdrawn by checks signed by the clerk or his authorized 
deputy. He reports to the county auditor and treasurer all 
feessnd fines collected by him. 64 All moneys remaining in 
the office. of the clerk for 10 years without being demanded by 
the parties' entitled there to are paid to the attorney general . 65 

The clerk keeps a cash book, 66 a daily balance record, 6 
and a register of fees received by him; 63 and must preserve- 
in his office all records and writings appertaining to his 
official duties. On request and payment of a fee therefor, 
the clerk furnishes certified copies of records and papers on 
file in his office. 70 

The state board of accounts (created in 1909) has pres- 
cribed forms for" the following books to be used by the clerk: 
Cashbook of receipts and d i shursements ; da i ly balance record; 
register of fees and funds held ia trust; and record of poul- 
try dealers 1 licenses and applications therefor. Forms of 
printed blanks have also been prescribed. 71 



62 Acts 1917, 1921, 1927. 1939; Burns, 1940 suppl., 41-510; Baldwin, 1939 suppl., 10321. 

6 3 .Acts 1937; Burns, 1940 suppl., 61-673, 61-674; Baldwin, 1937 suppl., 1438-1, 1438-2. 

Loss of funds through failure of depository. State ex rel. Jackson v. Middleton, 215 Ind. 
219, 19 N. E. (2d) 470 (1939). 

64 Acts 1816-17, ch. 17, sec. 6; ch. 27, sec, 1. Acts 1817-18 (general), ch. 44, sec. 6; ch. 
72, sees. 2, 3; ch. 79, sec. 1. Acts 1828-29, ch. 24, sees, 1, 2. Rev. L. 1831, ch. 15, sec, 15. Acts 
1841-42 (general), ch. 45, sec. 3. Rev. Stat. 1843, ch. 13, sec. 80; ch. 38, sec. 64. Acts 1871, ch. 
17, sees. 20, 27. Acts 1891, ch. 194, sec, 125. . Acts 1895, 1903, 1913; Bums 49-1402; Baldwin 7577. 
2 Rev. Stat; 1852, Acts 1891; Burns 49-2710; Baldwin 1437. 

6 5 Acts 1933; Burns 49-2717, 49-2718; Baldwin 15177, 15178. 

6 6 Acts 1871, ch. 17, sec. 19. Acts 1879 (Spec. Sess.); Burns 49-2722; Baldwin 1442. 

6 7 Acts 1937; Burns, 1940 suppl., 61-623; Baldwin, 1937 suppl., 13844-44. 

68 Acts 1871, ch. 17, sec, 19. Acts 1909, ch. 10, sec. 1. Acts 1927; Burns 49-1301; Bald- 
win 7561.. Acts 1879 (Spec- Sess.); Burns .49-2723; Baldwin 1443. 

Probate fee book, Acts 1881 (Spec' Sess.), 1883; Burns 6-2205; Baldwin 3014. 

6 9 Acts 1817-18 (general), ch. 13, sec. 2; ch. 65, sec. 4. Rev. L. 1824, ch. 10, sec. 1. Acts 
1829-30, ch. 10, sec. 1. Rev. L. 1831, ch. 15, sec. 1. Rev. Stat. 1843, ch. 38, sec. 50. 2 Rev. Stat. 
1852; Bums 49-2706; Baldwin 1433. 

7 ° Acts 1817-18 (general), ch. 13, sec. 18, 1 Rev. Stat. 1852; Burns 44-303; Baldwin 5634. 
2 Rev. Stat. 1852; Bums 49-2707; Baldwin 1434. 

7 Acts 1909; Burns- 60-202; Baldwin 13855. Information obtained from E. P. Brennen, 
state examiner, on May 18, 1939, by W. Davis Hamilton. 



170 TIPPECANOE COUNTY (22-25) 

Other function!, duties, and records of the clerk are 
discussed in the essays entitled "Board of Primary Election 
Commissioners," "Circuit Court," "County Board of Canvas- 
sers," "County Board of Election Commissioners," "County 
Sehool Fund Board," "Registration Officer," and "Superior 
Court." Former functions, duties, and records of the clerk 
are discussed in the essays entitled "Auditor" (transferred 
to auditor in 1841), "Court of Common Pleas (1848-52)," 
"Court of Common Pleas (1853-73)", "Criminal Circuit Court 
(1867-75)," and "Probate Court (1829-53)." 

Receipts and Disbursements 

22. Cash Book of Receipts and Disbursements, 1866-83, 
1890, Nov. 1898-1911, 1926-. 16 vols. (1 vol. un- 
labeled; 2, 3; 1 vol. unlabeled; 2; 2 vols, unla- 
beled; 4, 5; 7 vols, unlabeled). Title varies: 
Cash Book, 1866-83, 1890, Nov, 1898-1911, 9 vols. 

Daily record of receipts and disbursements, showing date, 
nature, and amounts of receipts and disbursements; names of 
payer, payee, and fund; and receipt, check, and cause numbers. 
This is a combination of two records intercurrently kept sep- 
arately: Cash Book, [Receipts], entry 23; and Cash Book, 
Disbursements, entry 24. Arr. chron. by dates of receipts 
and disbursements. No index. Hdw. 321 pp. 18 x 21 x 2. 
11 vols., 1866-83, 1890, Nov. 1898-1911,1926-30, attic stor. 
rm.; 4 vols., 1931-36, elk. rec. rm.; 1 vol., 1937-, elk. off. 

23. CASH BOOK [RECEIPTS], 1912-25. 3 vols. (1-3). 1866- 
83, 1890, Nov. 1898-1911, 1926- in Cash Book of 
Receipts and Disbursements, entry 22. 

Daily record of receipts, showing date, nature, and amount 
of receipt; receipt number; and nsme of payer. Arr. chron. 
by dates of receipts. No index. Hdw. 300 pp. 16 x 12 x 2. 
Attic stor. rm. 

24. Cash BOOK, Disbursement, 1912-25. 2 vols. 1866-83, 
1890, Nov. 1898-1911, 1926- in Cash Book of Re- 
ceipts and Disbursements, entry 22. 

Daily record of disbursements, showing date, nature, and 
amount of disbursements; name of payee; and check number. 
Arr. chron. by dates of checks. No index. Hdw. 350 pp. 
18 x 21 x 8. Attic stor. rm. 

25. FEE AND CASH BOOK, MISCELLANEOUS, 1871—. 11 vols. 
(1 vol. unlabeled; 1-9, 39). Title varies: Cash 
Book, 1871-78, 2 vols.; Register of Fees, 1879-1910, 
8 vols. 



(26-29) CLERK OF THE CIRCUIT COURT 171 

Record of fees and fir.es collected, showing date of collec- 
tion, names of plaintiff and defendant, nature of fee, and 
amounts of fees and fines. Arr. c b r o n . by dates of collec- 
tions. No index. Hdw. 500 dp. 16x12x2. 2 vols., 1871- 
78, attic stor. rm.j 8 vols., 1879-1910, elk. rec. rm. ; 1 
vol., 1911—, elk. off. 

26. REGISTER OF FEES AND FUNDS HELD IN TRUST, 1886—. 10 

vols. Title varies; Trust Fund Register, 1886- 

1914, 4 vols. 
Record of receipts and disbursements of fees and funds held 
in trust, showing dates, nature, and amounts of receipts and 
disbursements; cause number; and names of plaintiff, defend- 
ant, payer, and payee. Arr. chron. by dates of receipts and 
disbursements. Indexed alph. bynames of payees. Hdw. 400 
pp. 18 x 12 x 3. 9 vols., 1886-1931, elk. rec. rm.-; 1 vol., 
1932-, elk. off. 

BONDS 
(See also entries 371, 372). 

27. CANCELLED CHECKS, 1938—. 1 vol. 

Stubs of checks drawn on depositories, showing date, number, 
amount, and purpose of check; and names of payee and deposit- 
ory. Arr. num. by check nos. No index. Hdw. 100 pp. 18 x 
12 x 2. Clk. off. 

28. [I NDEX TO OFFIC AL B ONDS] , 1826-1918. I vol. 

Index to Official Bonds, 1902-1918, entry 29; and official 
bonds in [Clerk's Miscellaneous Papers], 1826-1901, entry 58, 
showing date and kind of bond, name of official,, and file 
box reference. Arr. alph. by names of officials. Hdw. 
580 pp. 18 x 12 x S. Clk. roc. rm. 

2 9.' Official BONDS, 190 2- . 4 f. b. (81, A2 28; 2 f. b. 
unlabeled). Official bonds, 1826-1901 in [Clerk's 
Miscellaneous Papers], entry 53. 
Original bonds filed, including: 

i. Collection agency bonds, showing date, number, 
amount, and conditions of bond; and names of agency 
and sureties. 
i i . Official bonds, including auditor, treasurer, re- 
corder, sheriff, coroner, prosecuting attorney, 
justice of peace, and constables, 1902—, and county 
director of public welfare, 1936—, showing infor- 
mation as in entry 3 - v . 



172 TIPPECANOE COUNTY (30-31) 

Also contains: Notary Bonds. 1902-31, entry 32, Arr, chron 
by dates of bonds. For index, 1302-18 > see entry 28; 1913™, 
see entry 59. Typed. 2 f. b. f 5 x 4 x 10; 2 f. b., 10 x 
5 x 14. 2 f, b., 1902-24, elk. rec. rm.; 2 f. b., 1925-, 
elk. off. 

30. Miscellaneous record, 1889-. 3 vols. (1-3). 1888- 
88 in Drainage Record, entry 233; official bonds 
1910-28 in Notarial Bonds, entry 33. 

Contains : 

i. Aopo intments of railroad police, showing date and 
term of appointment, name of appointee, and ex- 
tent of authority granted. 
ii. Assignments and satisfactions of judgments, show- 
ing date of assignment or satisfaction, amount of 
judgment, and names of assignor and assignee, 
iii. Certificates of election of trustees of firms and 
corporations, showing date of certificate, and 
names of trustee and firm or corporation, 
iv. Director of county department of public welfare 
bonds, 1938~, showing informa t ion as paragraph v. 
v. Official bonds, including auditor, treasurer, re- 
corder, sheriff, coroner, prosecuting attorney, 
justice of peace and constable, 1889-1909, 1929~, 
showing date 5 amount, and conditions of bond; and 
names of official and sureties. 

For original bonds see entry 29-ii. 
vi . Powers of attorney, showing dates of instrument 
and filing, names of principal and agent, and 
limitations of power. 
Also contains: Notarial Bonds, 1889-1911, entry 33. Arr. 
cbron. by dates of instruments. Indexed alph. by names of 
principals; for separate index to official bonds, 1889-1909, 
see entry 31. Flaw, and typed. 576 PP. 18x12x3. 2 vols., 
1889-1927, elk. rec. rm.: 1 vol., 1928- , elk. off. 

31. Offical bond Index Record, 1889-1915. 2 vols. (2. 
1 vol . unl abel ed) , 

Index to official bonds in Miscellaneous Record, 1889-1909, 
entry 30, showing date and amount of bond, names of o f f i c ial 
and sureties, and volume and page reference to recording. 
Also contains: Register of Official Bonds, 1910-15, entry 36. 
Arr. alph. by names of officials, 1889-1909; arr. chron. by 
dates of bonds, 1910-15. Indexed alph. by names of officials. 
Hdw. 580 pp. 18 x 12 x 3. Clk. rec. rm. 



(32-36) CLERK OF THE CIRCUIT COURT 173 

32. Notary Bonds, 193 2-. 2 f. b. (9, 10). 1852-19 01 
in [Clerk's Miscellaneous Papers], entry 58; 1902- 
31 in Official Bonds, entry 29. 

Original notaries bonds, showing information as in entry 
3 3 - i . A r r . chron. by dates of bonds. For index, see entry 
59. Hdw. 10 x 5 x 14. Clk. ree. rm. 

33. Notarial Bonds, 1910—. 4 vols. (1-3; 1 vol. unla- 
belrd). 1883-88 in Drainage Record, entry 233; 
1889-1911 in Miscellaneous Record, entry 30. 

Contains : 

i. Record of bonds posted by notaries public, 1912— , 
snowing date, amount, and conditions of bond; 
and samei of notary and sureties. 

For original bonds, see entry 32. 
i i . Official bonds, showing i n f o r m a t ion as in e n t r y 
30-v. 
Arr. chron. by dates of bonds. Indexed alpfa. by names of 
officials and notaries. Hdw, 576 pp. 18 x 12 x 3. Cik. 
ree. rm, 

34. JUSTICE OF THE PEACE, CONSTABLE, 1906~. 1 vol. 1852- 
1900 in Register of Official Bonds, entry 36. 

Register of justices of peace and constables, showing dates 
of election, commission, and expiration of term; and names 
of official and township. Arr. chron. by dates of elections. 
Indexed a I ph. by names of officials. Hdw. 50 pp. 14 x 9 x 
H. Clk. off 

35. REGISTER OF NOTARIES PUBLIC, 1909—. 1 vol. 1852- 
1900 in Register of Official Bonds, entry 36. 

Register of notaries public, showing dates of commission and 
expiration, and name and address of notary. Arr. chron. by 
dates of commissions. Indexed alph. by names of notaries. 
Hdw. 150 pp. 16 x 12 x 2. Clk. ree. rm. 

8 8 . REGISTER OF OFFICIAL BONDS , 18 5 2-1900. 4 vols. ( 2 ; 

1 vol. unlabeled; 4, 5). 1910-15 in Official Bond 

Index Record, entry 31. 
Register of bonded officials, including auditor, treasurer, 
recorder, sheriff, coroner, prose cut i ng at torney and surveyor, 
showing date of appointment or election, date qualified, ex- 
piration of term, names of official and sureties, and date 
and amount of bond. Also contains; Justice of the Peace, 
Constable, entry 34; and Register of Notaries Public, entry 
35. Arr. chron. by dates of bonds. Indexed alph, by names 
of officials. Hdw. 576 pp. 18 x 12 x 3. Clk. ree. rm. 



174 TIPPECANOE COUNTY (87-40) 

Licenses and certificates 

MARRIAGE (gpe also entries 422) 

37. I NDEX , MARRIAGE L ICENSES , 1897-1901. 1 vol. 

Index to Marriage Applications, Returns, Licenses, entry 39, 
showing date and kind of document, names of bride and groom, 
and file box reference. Arr. a 1 ph . by names of brides and 
grooms. Hdw. 600 pp. 18 x 12 x 3. Clk. rec. m. 

38. I NDEX , MARRIAGE RECORD , 1860-96. 1 vol. 

Index to Marriage Applications. Returns, Licenses, entry 39 
and Marriage Record, entry 40, showing date and kind of 
document, names of bride and groom, volume and page refer- 
ence to recording, and file box reference. Arr. alpli. by 
names of brides and grooms. Hdw. 600 pp. 18x12x3. 
Clk. rec . rm . 

3 9 . MARRIAGE APPLICATIONS , RETURNS , LICENSES , 1 8 2 6 - . 134 
f, b. (numbered irregularly). 
Original marriage documents, including: 

i. Affidavits, showing information as in entry 40-i. 
ii. Applications, June 1905—, showing information as 
in entry 40 - i i . 
iii. Certificates of marriage, showing information as 
in entry 40-i i i . 
Arr. chron. by dates of filing. For index, 1826-59, 1902-, 
see entry 59; 1860-96, see entry 33; 1897-1901, see entry 37. 
Hdw. 5 x 4 x 10. Clk. rec. rm, 

40. MARRIAGE RECORD, 1826-. 53 vols. (1, 2, 2^, 3-52). 
Record of marriage documents, including: 

i. Affidavits relative to validity of statements by 
applicants for marriage licenses, 1871—, showing 
date of affidavit, names of applicants, and name 
and address of affiant. 

For original affidavits, see entry 39-i. 
ii. Applications for marriage licenses, May 1905-, 
showing names, color, dates and places of birth, 
addresses, occcupet i ons , marital status, and phys- 
ical and mental history of bride and groom; and 
name, color, places of birth, occupations, and 
residences of parents. 

For original applications, see entry 39-ii. 
iii. Certificates of marriage, show r ing date of certifi- 
cate; and names of bride, groom, and officiating 
officer. 

For original certificates, see entry 39-iii. 



(41-44) CLERK OF THE CIRCUIT COURT 175 

iv. Licenses issued, showing date of license and names 
of bride and groom. 
Arr. cbron. by dates of licenses. No index, 1826-59; indexed 
alph. by names of brides and grooms, 1897—; for index, 1860- 
96, see entry 38. Hdw. 350 pp. 18 x 12 x 3. 51 vols. , 1826- 
July 1937, elk. rec. rm.; 2 vols., Aug. 1937— , elk. off. 

PROFESSIONAL 

41. Physicians' Licenses, 1885- . 3 vols. (1, 1, 2). 
Record of certificates issued by state board of medical reg- 
istration and examination and licenses issued by clerk to 
practice medicine and surgery in state, showing dates of 
cer ti f i cate , d i ploma, license, and recording; name and date 
and place of birth of physician; name of college attended; 
and number and nature of certificate. Also contains: Drug- 
less Physicians' Record, 1897-1929, entry 42. Arr. chron. 
by dates of licenses, Indexed alph. by names of physicians. 
Hdw. 421 pp. 17 x 12 x 2Y 2 . 1 vol., 1885-June 1897, elk. 
rec. rm.; 2 vols,, July 1897—, elk. off. 

For original certificates, see entry 58-xiv. 

42. Drugless Physicians' Record, 1930-. 1 vol. 1897- 
1929 in Physicians' Licenses, entry 41. 

Record of certificates issued by state board of medical reg- 
istration and examination and licenses issued by clerk to 
practice in state, showing dates of certificate and license; 
name, age, place of birth, and residence of physician; name 
of college attended; and number and nature of certificate. 
Arr. num. by certificate nos. Indexed alph. by names of 
physicians. Hdw. 818 pp. 16 x 12 x 2V 2 . Clk. off. 
For original certificates, see entry 58-ix, 

43. Record of dentists' certificates, 1899—. 1 vol. 
Record of certificates issued by state board of dental exam- 
iners and licenses issued by clerk to practice in county, 
showing dates of certificate and license; name, age, birth- 
place, and address of dentist; and name of college attended. 
Arr. chron, by dates of licenses. Indexed alph. by names of 
dentists. Hdw. 400 pp. 16 x 11 x 2. Clk, off. 

For original certificates, see entry 58-viii. 

44. [Nurses' certificates], 1905-. 1 f. b. (B12). 
Certificates issued by state board of examination and regis- 
tration of nurses and presented to clerk t© obtain licenses 
t© practice in county, showing dates of certificate and fil- 
ing, name and address of nurse, and certificate number, 
Arr. chron. by dates of filing. For indtx, see entry 59. 
Hdw. 11 x 5 x 14. Clk, ree. rm. 



176' TIPPECANOE COUNTY (45-50) 

45. REGISTER OF TRAINED NURSES, 1905-. 1 vol. 

Register of graduate nurses licensed to practice in county, 
showing dates of registration and license, and name and ad- 
dress of nurse. Arr. chron. by dates of registrations. In- 
dexed alph. by names of nurses. Hdw . 110 pp. 14 x 9 x 1. 
Clk. off. 

46. REGISTER OF OPTICIANS, 190 7~. 1vol. (1). 

Record of certificates issued by state board of registration 
and examination in optometry and licenses issued by clerk 
to practice in county, showing dates and numbers of certifi- 
cate and license, name and address of optometrist, and name 
of college attended. Arr. chron. by dates of licenses. In- 
dexed elph. by names of optometrists. Hdw. 224 pp. 14 x 
9x1. Clk. off. 

For original certificates, see entry 58-xii. 

47. VETERINARY LICENSE RECORD, 1901-9. 1 vol. Discon- 
ti nued . 

Record of licenses issued to practice veterinary medicine 
and surgery in state, showing date of license; and name, 
age, and address of veterinarian, Arr. chron. by dates of 
licenses. Indexed alph. by names of veterinarians. Hdw. 
160 pp. 18 x 12 x y 2 . Clk. rec. rm. 

COMMERCIAL 

48. JUNK DEALER'S LICENSE RECORD, 1905—- 1 vol. 
Record of licenses issued to purchase junk in county, showing 
date and duration of lieense, name of dealer, and location 
of business. Arr. chron. by da tes of 1 i censes . Indexed alph. 
by names of dealers. Hdw. 200 pp. 15 x 9 x 1. Clk. off. 

49. Poultry Dealers License, 19 17-. 2 vols. (1 vol. un- 
labeled; 2). 

Record of application for and issuances of licenses to purchase 
poultry in state, showing date of application and license, 
names of applicant and dealer, and location of business. Arr. 
ehron. by dates of applications. Indexed alph. by names of 
dealers. Hdw. 318 pp. 18 x 12 x 2. 1 vol., 1917-26, clk. 
rec. rm.; 1 vol., 1927-, clk. off. 

For original applications, see entry 58-ii. 

50. FIRM NAMES, 1927-. 1 f.b.(8). 1909-26 in [C lerk's 
Miscellaneous Papers], entry 58. 

Certificates of firms and partnerships, showing information 

as in entry 51. Arr. chron. by dates of certificates. For 

index, see entry 59. Hdw. and typed. 10 x 5 x 14. Clk. 
rec. rm. 



(51-54) CLERK OF THE CIRCUIT COURT 177 

51. REGISTER OF FIRM NAMES, 1909~. 1 vol. 

Record of certificates of firms and partnerships, showing 
date of certificate, name of firm or partnership, names and 
addresses of members, and nature and location of business. 
Arr. chron. by da tes o f cer t i f i cates . Indexed alph. by Dames 
of f irms or par tnerships , Hdw. 398 pp. 14x9x2. Clk. off. 
For original certificates, see entry 50. 

52. Insurance Company statements, 1866-1920. 2 vols. 
(1, 2). Discontinued as county record; licenses 
issued by state department of insurance are valid 
in all counties, 1921—. 

Record of certificates issued by auditor of state to agents of 
insurance companies authorizing them to transact business 
in county, showing date of certificate, names and addresses 
of company and agent, assets and liabilities of company, and 
file box reference to original certif icates in [Clerk's Miscel- 
laneous Papers], entry 58-x. Arr. chron. by dates of certifi- 
cates. Indexed alph. by names of companies. Hdw. 420 pp. 
16 x 11 x 2. Clk. rec. rm. 

53. Liquor and Pure Grain Alcohol permits, 1918-32. 1 
vol. Last entry 1921. Discontinued as county rec- 
ord; kept by state excise director, 1933-34, and by 
Alcoholic Beverage Commission of Indiana, 1 935— . 

Record of applications and bonds to retail intoxicating liquor 
and pure grain alcohol for medicinal, chemical and sacramental 
purposes, including: 

i. Applications, showing date of application, name 
of applicant, place of business, and conditions 
of permit. 

For original applications, see entry 58-iv. 
ii. Bonds posted, showing date, amount and conditions 
of bond, and names of retailer and sureties. 
Arr. chron. by dates of appl i ca t i ons . Indexed alph. bynames 
of applicants. Hdw. 400 pp. 16 x 12 x 2 l A> Clk. rec, rm. 

54. Petty Money Lender's License, 1913-16. 1 vol. Dis- 
continued as county record; kept by auditor of state, 
1917-Apr. 14, 1933, and by department of audit and 
control, Apr. 15, 1933-. 

Record of licenses issued to petty money lenders, showing 
date of license, name of licensee, location of business, and 
terms of license. Arr. chron. by date§ ®f licenses. Indexed 
alph. by names of licensees. Hdw. 286 pp. 14 x 9 x 1. Clk. 
rec. rm. 



178 TIPPECANOE COUNTY (55-58) 

55. [Firearm Permits], 1925- . 2 f. d . 
Documents pertaining to firearms, including. 

i. Applications for permits to carry firearms, show- 
ing date of application; name, age, address, and 
physical description of applicant; description of 
firearm; and reason for request. 
i i . Dealers' reports of sales of firearms, showing dates 
of sale and report; name of dealer; name, age, 
address, place of birth, and nationality of pur- 
chaser; serial number and description of firearm; 
ard name of manufacturer. 

Arr. chron. by dates o f documents . No index. Hdw. 200 pp. 

6 x 14 x 18. 1 f. d., 1925-35, elk. rec. rm.; 1 f. d., 1936-, 

elk. off. 

56. [FIREARM PERMITS], 1927~. 3 f. d., 2 vols. 

Copies of permits issued to carry firearms, showing date and 
number of permit; name, address, date and place of birth, 
and physical description of recipient; description of fire- 
arm; and reason for issuance. Arr. chron. by dates of per- 
mits. No index. Hdw. F. d., 6 x 16 x 16; vols., 100 pp. 
12 x 8 x y 2 . 3 f. d,, 1927-July 1935, elk. rec. rm.; 1 vol., 
Aug. 1935-Apr. 1937, elk. off .; 1 vol., May 1937-. cir. et. off. 

HUNTING, FISHING AND TRAPPING 

57. H[UNTING] AND F[ISHING LICENSES], 193 5~. lf.d.,1 f.b. 
Stubs of hunting, fishing and trapping licenses, including: 

i. Stubs of resident hunting, fishing and trapping 

licenses, showing date and number of license; 

and name, address, and physical description of 

1 icensee . 

ii. Stubs of non-resident hunting and f ishing 1 icenses , 

showing information as in paragraph i. 

iii. Stubs of hunting and fishing free permits issued 

to honorably discharged soldiers, sailors and 

marines, showing information as in paragraph i. 

Arr. chran. by dates of licenses. No index. Hdw. F. d., 

6 x 16 x 16; f. b., 10 x 5 x 14. 1 f. d., 1935-37, elk. rec. 

rm.; 1 f . b. , 1938-, elk. off. 

58. [Clerk's Miscellaneous Papers], 18 26-. 308 f. b. (num- 
bered irregularly) . 

Miscellaneous documents, including: 

i. Applications for junk dealers licenses, 1905—, show- 
ing information as in entry 48. 
ii. Applications for poultry dealers licenses, 1917-. 
showing information as in entry 49. 



(58) CLERK OF THE CIRCUIT COURT 179 

iii. Applications for petty money lenders licenses, 1913- 
16 , showing information as in entry 54. 
iv. Applications for permits to purchase and sell liquor 
and pure grain alcohol, 1918-27, showing informa- 
tion as in entry 53~i . 
v. Applications for sire licenses, 1889— , showing date 
of application; name of applicant; name, descrip- 
tion, pedigree, and date of birth of sire; and 
registration number, 
vi. Certificates of patents granted, 1869— , showing 
date of certificate; name, age, occupation, and 
address of patentee; and kind and description of 
patent, 
vii. Certificates of appointments of officials and depu- 
ties, 1844—, showing date of appointment, name 
of appointee, and nature of duties. 
viii. Dentists' certificates issued by state board of 
dental examiners and presented to clerk to obtain 
licenses to practice, 1900—. showing information 
as in entry 43, 
ix. Drug less physicians' 5 certificates issued by state 
board of medical registration and examination and 
presented to clerk to obtain licenses to practice, 
1897-, showing information as in entry 42. 
x. Insurance agents' certificates, 1865-1919, showing 
information as in entry 52. 
xi . Notices of strayed livestock, 1856-93, showing in- 
formation as in entry 61. 
xii. Optometry certificates issued by state board of 
registration and examination in optometry and 
presented to clerk to obtain lie eases to practice, 
1907-, showing information as in entry 46. 
xiii. Petty money lenders' bonds, 1913-16, showing date, 
amount, and conditions of bond; and names of 
principal and sureties, 
xiv. Physicians' certi f i cates issued by state board of 
medical registration and examination and presented 
to clerk to obtain licenses to practice, 188 5—, 
showing information as in entry 41. 
Also contains: Official Bonds, 1826-1901, entry 29; Notary 
Bonds, 1852=1901, entry 32; Firm Names, 1909-26, entry 50; 
Civil [Causes], entry 112; [Justice of Peace Transcripts], 
1836-, entry 114; [Petitions for Adoptions], 1857-1910, entry 
115; [Apprentice Indentures], 1835-84, entry 116; Insanity 



180 TIPPECANOE COUNTY (59) 

[Causes], 1827-30, entry 118; [Receiver Bonds], 1901- , entry 
132'; Transcripts to Bind, 1836-1932, entry 143; [Notices of 
Attachment], 1 877—, entry 145; [Slay of Executions], 1914—, 
entry 146; [Orders for Sales], 1868~. entry 147; [Sheriff's 
Certificates ef Sale], 1839-1909, entry 148; Criminal [Causes] , 
1869-80, 1915—, entry 156; Recog[ni zance Bonds], 1883-1921, 
entry 160; [Habeas Corpus], 1827-93, entry 161; Probate 
[Causes], 1826-53, 1889-, entry 167; [Wills], 1827-29, entry 
174; [Claim?], 1854-88, entry 177; Administrators' [and 
Executors'] Sonde [and Letters], 1827-69, entry 179; Guardians' 
Bonds [and Letters], 1827-71, entry 182; Sale [Real] E[state] 
Bonds, 1910-16, entry 186; [Opinions], entry 209; [Grand Jury 
Papers], 1879-1914, entry 208; [Admissions to Bar], 1826-93, 
entry 211; [Summons], 1881- , entry 214; [Change of Venue], 
1870-, entry 215; Appeal Bonds, 1870-1912. entry 217; Cost 
Bonds, 1901-16, entry 218; Attaeh[ment] Bend* , 1901-17, entry 
219; [List of Jurors] , 188 1-79 , 19 1 1-31 , entry 221 ; [Ci ta tions] , 
1883-88, entry 225; Superior [Causes], 1875-80, entry 228; 
[Stay of Executions], 1877-84, entry 239; and Common Pleas 
[Causes], entry 246. Arr. chron. by dates of filing. For 
index, see entry 59. Hdw. and typed, 283 f. b., 5 x 4 x 
10; 25 f. b., 10 x 5 x 14. 298 f. b., 1826-, elk, rec. rm; 
10 f . b. , 19 14-, elk. off. 

59. Index MiscELL[aneous] Papers, 1826- . 1 vol. 
Index to Official Bonds, 1919—, entry 29; Notary Bonds, 
1932—, entry 32; Marriage Applications, Returns, Licenses, 
1826-59, 1 902- , entry 39; [Nurses ' Cer ti fi cates] , 1905~, entry 
44; Firm Names, 1927—, entry 50; [Clerk's Miscellaneous 
Papers], entry 58; Valuable] Pap[ers], 1 853—, entry 60; Civil 
[Causes], entry 112; Coroner's Inquests, 1861—, entry 117; 
Insanity Causes, 1831-1924, entry 118; Admission to Riley 
Hospital, 1925-, entry 123; [Execution?], 1894-, entry 138; 
Transcripts to Bind, 1933—, entry 143; Criminal [Causes], 
1827-93, 1913—, entry 156; Recog[ni zance] Bond s , 1 922~, entry 
160 ; [Wi lis], 1830 — , entry 174; Admin is? ra tors' [and Executors'] 
Bonds [and Letters]. 1 870 — , entry 179; Guardians' Bonds [and 
Letters], 1872—, entry 182; Sale [Real] E[state] Bonds , 1917-, 
entry 186; [Juvenile Court Papers], 1907~, entry 204; [Grand 
Jury Papers], 1851-78, 191 5—, entry 208; Powers of Attorney, 
1879-91, entry 209; Appeal Bonds, 19 13— , entry 217; Cost 
Bonds, 1917-, entry 218; At tacb[raent] Bonds , 1918 -, entry2l9; 
[Depositions], 1 915— , entry 220; [Gross Income Tax War ran ts] , 
1934-, entry 222; Fee Bills, 1897-1927, entry 224; and Common 



(60-62) RECORDER 181 

Pleas [Causes], 1853-72, entry 246; showing date of filing, 
names of principal or document, and file box reference. 
Arr. alpb. by names of principals or documents. Hdw. 300 
pp. 18 x 12 x 3. Clk. rec. rm. 

60. VALU[able] PAP[ers], 1853-. 2 f. b. (58; 1 f. b. 
un label ed ) . 

Documents filed with clerk for preservation, including notes, 
mortgages, deeds, and vouchers, showing dates of document 
and filing, names of principals; and amount, nature, and 
number of document, Arr. chron. by dates of filing. For 
index, see entry 59. Hdw, and typed. 11 x 5 x 14. 1 f. 
b., 1853-1925, clk. rec. rm.; 1 f. b., 1926-, clk. off. 

61. ESTRAY RECORD, 1837~. 2 vols. Last entry 1906. 
Record of notices of strayed livestock, showing dates of 
finding and notice, names and addresses of finder and owner, 
description and appraised valuation of animal, and nature 
of disposal. Arr. chron. by dates of notices. No index. 
Hdw. 500 pp. 16 x 12 x 3. Clk. rec, rm. 

For original notices of strayed livestock, see entry 58-xi . 

6 2 . REGISTER OF NEGROES AND MULATTOES , 1853. 1 vol. 
Register of negro and mulatto residents of county prior to 
1851, showing date of registration; name, age, place of 
birth, description, and address of negro or mulatto; and 
names of witnesses. Arr. chron. by dates of registrations. 
Indexed a 1 ph . by names of negroes or mulattoes, Hdw, 200 
pp. 15 x 10 x 2. Clk. rec. rm. 



IV. RECORDER 

LEGAL STATUS 

The office of recorder has existed in Tippecanoe County 
ever since 1826 under the mandatory requirements of the Con- 
stitution of 1816 and the Constitution of 1851. The recorder 
is elected for a 4=year term by the voters of the county. 1 



1 ConSt. 1816, art. 11, sec. 10. ConS, 1851, art. 6, sec. 2. Acts 1816-17, ch. 14, sees. 1, 8; 
ch. 19, sec. 1. Acts 1817-18 (general), ch. 28, sec. 1. Acts 1817-18 (special), ch. 3, sees, 1, 3. 
Acts 1822-23, ch. 13, sec. 4. Rev. L. 1824, ch. 36, sec. 3; ch. 82, sec. 1. Acts 1825-26, ch. 10, sec. 
1 (Tippecanoe organization act); ch. 18, sec. 4. Rev. L. 1831, ch. 33, sec, 3; ch. 57, sec. 1. Rev. 
Stat. 1838, ch. 85, sec, 1. Rev. Stat. 1843, ch, 4, sees, 2, 8; ch. 5. sec. 1; ch, 8, sec. 1. 1 Rev. 
Stat. 1852, Acts 1901; Burns 49-3201; Baldwin 5469. 



132 TIPPECANOE COUNTY 

He is commissioned by the Governor of Indiana 2 and holds 
office until his successor i • elected and qual i fied. ° No per- 
son is eligible to the office for more than 8 years in any 12- 
year period." The recorder must, be an elector of the county 
at the time of his election, must have been an inhabitant 
thereof throughout the preceding year, 5 must reside within 
the county after his election, must not hold any other lucra- 
tive office, and must not prat ice law. 7 He must post bond 
in the amount of $4,000, to be approved by the board of com- 
missioners and filed with the clerk of the circuit court. 8 
The recorder must take an oath that he- will support the State 
and Federal Constitutions and will faithfully discharge ' the 
duties of his office. 9 Under the Constitution of 1816 the 
recorder was elected for a 7-year term and could hold the 
office of clerk of the circuit court. 10 

The recorder receives a regular salary of $1,840 per 
year. He is permitted to retain as compensation for him- 
self, in addition to his regular salary, 20 percent of the 
fees collected by him, provided the total amount of fees so 
retained be not more than $4,160. 12 



2 Conft. 1816, art. 11, sec. 9. Consi. 1851, art. 15, sec. 6. Rev. L. 1831. ch. 57. sec. 3. 
1 Rev. Stat. 1852; Burns 49-201; Baldwin 13095, 
Cons!. 1851, art. 15, sec. 3. 

4 Ibich, art. 2, sec. 11; art. 6, sec. 2. Carson v. McPhetridge, 15 Ind. 327 (i860). 

5 Const. 1816, art. 11, sec. 14. Cons r L 1851, art. 6, sec, 4. 

6 Consi:. 1816, art. 11, sees. 6, 13. ConsT;. 1351, art. 2, sec. 9; art. 6, sec. 6. 

7 Acts 1865, ch. 42 (misnumbered 62), sec. 2. Acts 18S1 (Spec. Sess.), ch. 37, sec. 115. 
Acts 1305; Burns 10-3102; Baldwin 2636. McCracken v. State, 27 Ind. 491 (1867). 

8 Acts 1817-18 (general), ch. 28, sees. 6, 7. Rev. L. 1824, ch. 82, sees. 6, 7. Acts 1825-26, 
ch. 18, sec. 4. Rev. L. 1831, ch. 77, sees. 2, 3. Rev. Stat. 1838, ch. 85, sees. 2, 3. Rev. Stat. 1843. 
ch. 4, sees. 86, 90; ch. 8, sees. 2, 3. Acts 1905; Burns 10-3708; Baldwin 2660. 1 Rev. Stat. 1852; 
Burns 49-104, 49-105, 49-120; Baldwin 13057, 13063, 13068. Acts 1851-52; Burns 49-123; Baldwin 13093. 
1 Rev. Stat. 1852, Acts 1901; Burns 49-3201; Baldwin 5469. State ex rel Lowry v. Davis, 96 Ind. 539 
(1884); State ex rel. Lowry v. Davis, 117 Ind. S07, 20 N. E. 159 (1889). 

9 Const. 1816, art. 11, sec. 6. ConsT;. 1851, art. 15, sec. 4. Acts 1825-26, ch. 18, sec. 4. 
Rev. Stat. 1843, ch. 4, sees. 77, 78, 81-84, 92; ch. 8, sec. 4. Acts 1905; Burns 10-3703; Baldwin 2660. 
1 Rev. Stat. 1852; Burns 49-101; Baldwin 13054. 

1 ° ConsT:. 1816, art. 11, sec. 10 Rev. Stat. 1843, ch. 4, sec. 62. 



1 1 Acts 1933; Burns 49-1004; Baldwin 7534. 

1 2 Acts 1817-18 (general), ch. 40, sees. 5, 7. Acts 1822-23, ch. 26, sees. 1, 2. Rev. L. 1824, 
ch. 41, sees. 7, 9. Acts 1933; Burns 49-1001, 49-10C5; 49-1009; Baldwin 7531, 7535, 7539. Acts 1933, 
1937; Burns, 1940 suppl., 49-1009; Baldwin, 1937 suppl. . 7539. Shilling v. State ex rel. Board of 
County Comrs., 158 Ind. 185, 62 N. E. 49 (1901). 



RECORDER 183 

For sufficient legal causes the recorder may be removed 
from office by the circuit court after trial by jury on an 
accusation presented by the grand jury or ver i f ied by the oath 
of any person. If the recorder is convicted of a felony 
the judgment of conviction must declare his o f f i ce vacant . l 

Any vacancy in the office of recorder is filled through 
appointment, by the board of commissioners. At the next bien- 
nial general election (held on the 1st Tuesday after the 1st 
Monday in November in the even-numbered years), a recorder 
is elected for the remainder of the term in which the va- 
cancy occurred. The person appointed or elected to fill a 
vacancy must take an oath and post bond, as was required 
of his predecessor, and holds office until his successor is 
elected an qualified. 5 

The recorder may appoint deputies and assistants under 
authority frosm the board of commissioners. One deputy may 
be appointed without such authorization. The county council 
fixes the salaries of the deputies and assistants in an amount 
not less than $75 nor more than $200 per month. The re- 
corder may require any deputy to give bond. 17 Each deputy 
must take the oath required of the recorder, may perform all of 
his official duties, and is subject to the same regulations and 
penalties. 8 The recorder may remove such deputies and assist- 
ants at any time, and is responsible for their official acts. 



1 3 Const. 1851, art, 2, sees. 6, 7; art. 6, sec. 8. Acts 1897, 1899; Burns 49-821 to 49-834, 49- 
836; Baldwin 13154 to 13166, 13050, 13168, Acts 1875; Burns 49-837; Baldwin 13052. 

1 4 Acts 1897, 1899; Burns 49-834; Baldwin 13050. 

1 5 Con&. 1851, art. 6, sec. 9. Acts 1817-18 (general), ch. 17, sees. 1, 8. Acts 1822-23, 
ch. 13, sec. 1. Rev. L, 1824, ch, 36, sec. 1. Rev. Stat, 1838, ch. 85, sec. 14. Rev. Stat. 1843, ch. 
4, sec. 155; ch. 8, sec. 16. Acts 1881 (Spec. Sess.); Burns 29-701; Baldwin 7081. 1 Rev.. Stat. 1852; 
Burns 49-405, 49-408, 49-409; Baldwin 13104, 13106, 13107. Hedley v. Board of County Comrs., 4 
Blackf. 131 (1835); Douglass v. State ex rel. Wright, 31 Ind. 429 (1869); State ex rel. Ault v. Long. 
91 Ind. 351 (1883). Opinions of the Attorney General of Indiana, 1936, p. 9. Information obtained 
from Omer Stokes Jackson, Attorney General of Indiana, on July 11, 1939, by W. Davis Hamilton. 

1 6 Acts 1825, ch. 44, sec, 2. Rev. L. 1831, ch. 77, sec. 6. Rev. Stat. 1838, ch. 85, sec 
11. Rev. Stat. 1843, ch. 8, sec, 13. 1 Rev. Stat. 1852, Acts 1855, 1925; Burns 49-501; Baldwin 13108. 
Acts 1933, 1935, 1937; Burns, 1940 suppl., 49-1002; Baldwin, 1937 suppl., 7532. Opinions of the At- 
torney General of Indiana, 1934, p. 256; 1937, p. 324. 

1 7 1 Rev. Stat. 1852, Acts 1355, 1925; Burns 49-501; Baldwin 13108. 

1 8 1 Rev. Stat. 1852; Burns 49-502; Baldwin 13109. 

1 9 Rev. L. 1831, ch. 77, sec. 6. Rev. Stat. 1838, ch. 85, sec. 11. Rev. Stat. 1843, ch. 8, 
sec. 13. 1 Rev. Stat. 1852; Burns 49-503; Baldwin 13110. Acts 1933, 1935, 1937; Burns, 1940 suppl., 
49-1002; Baldwin, 1937 suppl., 7532. 



184 TIPPECANOE COUNTY 

FUNCTIONS AND RECORDS 

, Deeds, mortgages, and various other instruments are 
presented to t b e recorder for recording, for w h i c h be issues 
official receipts. He keeps an entry book ; n which he en- 
ters, as filed, all sue}) i o s t r u ments, g t h e d a y a n d V] o u r 
received, which is deemed the time of recording. 2 

To entitle any conveyance, mortgage, or other written 
instrument to be recorded, the execution thereof must be 
acknowledged or proved in the manner required bylaw, 21 and 
the intangible tax thereon (if any) must be paid, 22 No con- 
veyance of land can be recorded by the recorder until after 
the instrument has been presented to the auditor and he has 
made an endorsement thereon that the land has been duly 
entered for taxation or is not taxable. ^° 

Legislation requires that the county recorder, record 
all of the following documents in his office: Deeds;"" land 



20 Acts 1807, ch. 18, sec. 10. Acts 1817-18 (general), ch, 28, see, 10. Rev. L. 1824, ch. 
82, sec. 10. Rev. L. 1831, ch. 77, sec. 4. Rev. Stat. 1838, ch. 85, sec, 4. Rev. Stat. 1843, ch. 8, 
sees. 6-8; ch. 28, sec. 46. Acts 1895; Burns 49-S2C3; Baldwin 5472. 1 Rev. Stat 1852, Acts 1925; 
Burns 49-32G5; Baldwin 5470. 1 Rev. Stat. 1S52; Burns 49-3211; Baldwin 14665. Hand v. Board 
of County Comrs., 26 Ind. 179 (1866): Holman v. Doran, 56 Ind. "5S (1377); Gilchrist v. Cough. 
63 Ind. 576 (1878); Moore v. Glover, 115 Ind, 367, 16 N. E. 163 (1888). 

2 1 Acts 1807, ch. 18, sees. 8, 9, 11-13. Acts 1810, ch. 42, sec, 2. Acts 1817-18 (general), 
ch. 28, sees. 8, 11; ch. 82. sec. 4. Rev. L. 1824, ch. 82, sec. 8. Rev. L. 1831, ch. 41, sees. 7-11. 
Rev. Stat. 1838, ch. 44, sees. 7-11. Rev. Stat. 1843, ch. 28, sees, 28-45, 48-51. Acts 1905; Burns 43- 
801; Baldwin 12473. 1 Rev. Stat. 1852; Burns 49-3212; Baldwin 14666, Acts 1935; Burns, 1940 suppl., 
51-507; Baldwin, 1935 suppl., l32::7-7, 1 Rev. Siat. 1852, Acts 1859; Burns 50-123 to 56-130, 56-132 to 
56 137; Baldwin 14674 to 14676, 14679 to 14633, 14666, 14659, 14658, 14677, 14659, 14733. 

The acknowledgment or proof must be recorded with the instrument. Hid. 

2 2 Acts 1933; Burns 64-929; Baldwin 15927. 

23 Rev. Stat. 1843, ch. 12, sees. 23, 25, 26. Acts 1881 (Spec. Sess.), ch. 96, sec, 154. 1 
Rev. Stat. 1352; Burca 49-3214; Baldwin 5478. Acts 1919; Burp,? 54-1409; Baldwin 15746. 

24 Acts 1807, ch. 18, sees. 1, 8, 9. Acts 1817-18 (general), ch. 23, sees, 1, 10, Acts 1819- 
20, ch. 65, sec. 2. Rev. L. 1824, ch. 82, sees. 1, 8. 10. Acts 1828-29, eh, 51. sees, 1, 2, Rev. L. 
1831, ch. 41, sec. 7; ch. 77, sees. 1, 4. Acts 1836-37 (general), ch. 9, sees. 9-16. Rev. Stat. 183S, 
ch. 44, sec. 7; ch. 85, sees. 1, 4. Rev. Stat. 1843, ch. 8, sees. 5, 9; ch, 28, sees. 24, 25, 48. 1 
Rev. Stat. 1852; Burns 49-3210, 55-118, 56-131; Baldwin 3475, 14664, 14665, 1 Rev. Stat. 1852, Acts 
1875, 1913, 1921, 1923; Burns 56-119; Baldwin 14671. Lowry v. Smith, 97 Ind. 466 (1884). 

Cemetery records. Rev. Stat. 1843, ch. 25, sei 19"5; Burns 21-223; Baldwin 

4648. 1 Rev. Stat. 1852; Burns 25-1521, 25-1522; Baldwin 10GC0, : 

Wabash and Erie Canal deeds. Acts 1881 (Spec. Sess.); Burns 2-1626; Baldwin 267. 

Deeds of commissioners appointed by court to make conveyance. Acts 1831 (Spec. Sess.); 
Burns 3-1008; Baldwin 894. 



RECORDER 185 

patents; 25 probated wills; 26 decrees quieting title to lands; 27 
partitions of real estate under judicial proceedings; mort- 
gages; releases and assignments of mortgages; 29 conditional 



Tax deeds (1824 to date) and tax certificates (1843 to 1881). Rev. L. 1824, ch. 86, sec. 12. 
Rev. Stat. 1843, ch. 12, sec. 159. 1 Rev. Stat. 1852, ch. 6, sec. 197. Acts 1881 (Spec. Sess.). ch. 
96, sees. 195, 211. Acts 1919, ch. 59, sees. 263, 284. 

Sheriffs deeds. Acts 1881 (Spec. Sess.); Burns 2-4006, 2-4101, 2-4102; Baldwin 629, 619, 620. 

Deeds of school lands and deeds connected with school fund loans. Acts 1828-29, ch. 84, 
sec. 6. Rev. L. 1831, ch. 86, sees. 7, 24. Rev. Stat. 1838, ch. 94 (12), sec. 7. Rev. Stat. 1843, ch. 

13, sees. 44, 49. Acts 1899; Burns 28-255; Baldwin 6607. 

2 5 

"May be recorded as other deeds and conveyances." Acts 1881; Burns 2-1632; Bald- 



win 271. 

26 



Acts 1826-27, ch. 57, sec. 6. Acts 1891; Burns 7-712; Baldwin 3413. 

Wills probated in another county should be recorded in the deed record. Acts 1933; Burns 
7-713; Baldwin 3414. 

2 ? Acts 1911; Burns 3-1409; Baldwin 968 

The 1911 law requires the recording in a substantially bound book to be known as the 
"Quiet Title Record," and requires an index fop that record. Hid.. 

28 Acts 1859, ch. 103. Acts 1907, ch. 80. Acts 1919; Burns 64-518; Baldwin 15555. 

29 Acts 1807, ch. 18, sees. 1, 4, 8, 9. Acts 1817-18 (general), ch. 28. sec. 1. Acts 1825- 
26, ch. 42, sec. 17. Rev. L. 1831, ch. 41, sec. 7; ch. 77, sees. 1, 4. Rev. Stat. 1838, ch. 44, sees. 
7, 12; ch. 85, sees. 1, 4, 8, 9. Rev. Stat. 1843, ch. 8, sees. 5, 9; ch. 28, sees. 26, 27, 48; ch. 29. 
sees. 52, 63. 69-71.. Acts 1909, 1917, 1923; Burns 2-617; Baldwin 61-2 (repealed by Acts 1937, ch. 97, 
sec. 4). Acts 1937; Burns, 1940 suppl., 2-625; Baldwin, 1937 suppl., 61-2c. Acts 1905; Burns 49- 
3202, 49-3204; Baldwin 5476, 5473. 1 Rev. Stat. 1852; Burns 49-3210; Baldwin 5475. 1 Rev. Stat. 
1852, Acts 1875, 1913, 1921, 1923; Burns 56-119; Baldwin 14671. 1 Rev. Stat. 1852; Burns 56-122; 
Baldwin 14673. 2 Rev. Stat. 1852; Burns 56-705, 56-708; Baldwin 989, 992. Acts 1901; Burns 56 709, 
56-710; Baldwin 993, 994. Acts 1925; Burns 56-712, 56-713; Baldwin 10575, 10576. 2 Rev. Stat. 1852, 
Acts 1877; Burns 56-715; Baldwin 996. Acts 1877; Burns 56-716; Baldwin 998. Acts 1899; Burns 
56=717; Baldwin 997, Anderson Bldg. & L. Sav. Assn. v. Thompson, 87 Ind. 278 (1881); Mechanics' 
Bldg. Assn. v. Whitacre, 92 Ind. 547 (1884); Chandler v. Scott, 127 Ind. 226, 26 N. E. 797 (1891): 
State ex rel. Mc Coy v. Krost, 140 Ind. 41, 39 N. E. 46 (1894). 

Chattel mortgages before 1935 (old system). Rev. Stat. 1838, ch. 85 (first act), sec. 1; ch. 
85 (second act), sec. 1. 1 Rev. Stat. 1852, Acts 1897; Burns 33-301, 33-302; Baldwin 8373, 8374 (first 
section repealed by Acts 1935, ch. 147, sec. 20). 

Chattel mortgages and chattel mortgage minute book since 1935. Acts 1935; Burns, 1940 
suppl., 51-504 to 51-517; Baldwin, 1935 suppl., 13227-4 to 13227-17. Voigt v. Morgenthaler Linotype 
Co., 213 Ind. 325, 12 N. E. (2d) 498 (1938); Voigt v. Ludlow Typograph Co.. 213 Ind. 329, 12 N. E. 
(2d) 499 (1938). 

School fund loans. Acts 1828-29, ch. 84, sees. 16, 19. Rev. L. 1831, ch. 86, sec. 23. Acts 
1836-37 (general), ch. 2, sec. 10. Rev. Stat. 1838, ch. 85, sec. 10. Acts 1865; Burns 28-233; Baldwin 
6583. Stockwell v. State ex rel. Johnson, 101 Ind. 1 (3885). 

Mortgages held by county agent, Rev. Stat. 1838, ch, 89, sec, 15, 



186 TIPPECANOE COUNTY 

sales contracts;"'' federal tax lien notices and releases there- 
of;. statutory liens of materialmen, building contractors, 
laborers, 8 ' trans fermen , SS and owners of stallions; 54 con- 
tracts waiving liens of materialmen, laborers, and building 
contractors; 85 releases of vendors' liens; 86 leases of lands; 87 
surveys establishing a meridian line; 88 surveyor's field 
notes; m.fsps and plats; notices of disputes of easements; 41 
farm names; - fence marks; 4,3 marks and brands of animals; 44 



Right to rely on record of mortgage. Vincennes Savings and Loan Assn. v. St. John, 
213 Ind. 171, 12 N. E. (2d) 127 (1938). 

80 Acts 1S35; Burns, 1940 suppl., 58-806, 58-809 to 58-811; Baldwin, 1935 suppl., 14857-5. 
14857-8 to 14857-10, 

The law requires that a separate record be kept. Ibid. 

2 l Acts 1925; Burns 49-3221 to 49-3225; Baldwin 10570 to 10574. 

° 2 Rev. Stat. 1838, ch. 69, sec. 7. Rev. Stat, 1843, ch. 42, sec. 5. 2 Rev. Stat. 1852, pt. 
2, ch. 1, sec. 650, p. 182. Acts 1867, ch. 36, sec. 2. Acts 1883, ch. 115, sec. 4. Acts 1909; Burns 
43-703, 43-704; Baldwin 10507, 10508. State ex rel. Lyons v. Phillips, 157 Ind. 481, 62 N. E. 12 (1901). 

Corporation employees. Acts 1877 (Spec. Sess.); Burns 43-302; Baldwin 10547. 

88 Acts 1921, 1929; Burns 43-1002, 43-1003; Baldwin 10529, 10530. 

84 Acts 1889, ch, 116, sec. 4. Acts 1913, 1933; Burns 16-910; Baldwin 3792. 

8 5 Acts 1921, ch. 56, sec. 1. 

The law requires the recording by the recorder "in books provided by him for that pur- 
pose" and requires an index thereto "in books kept for that purpose." Hid. 

86 Acts 1937; Burns, 1940 suppl., 2-625; Baldwin, 1937 suppl., 61-2c. Acts 1889; Burns 56- 
144, 56-145; Baldwin 14702, 14703. 

3 7 Rev. Stat. 1843, ch. 28, sec. 25. 1 Rev. Stat. 1852; Burns 56-118; Baldwin 14664. 1 Rev. 
Stat. 1852, Acts 1875, 1913, 1921, 1923; Burns 56-119; Baldwin 14671. 

Miscellaneous record specified. Acts 1897; Burns 56-120, 

8 8 Acts 1895; Burns 49-3327 to 49-3329; Baldwin 10849 to 10851. 

89 Acts 1828-29, ch. 94, sees. 1, 3. Rev. L. 1831, ch. 102, sees. 5-7. Rev. Stat. 1843, ch. 
10, sees, 10, 11, 14, 1 Rev^Stat 1S52 S Acts 1925; Burns 49-3205; Baldwin 5470. 1 Rev. Stat. 1852. 
Acts 1911; Burns 49-3309; Baldwin 5508. 

40 Acts 1817-18 (general), ch. 82, sees. 1, 3, 4. Acts 1819-20, ch. 22, sees. 3, 4. Rev. L. 
1824, ch. 110, sees. 1, 4; ch. Ill, sec. 14. Rev. L. 1831, ch. 77, sec. 7: ch. 105, sec. 14. Rev. Stat. 
1838, ch. 85, sec. 12. Rev. Stat. 1843, ch. 8, sec. 14. 1 Rev. Stat. 1852, ch. 9. Acts 1881 (Spec 
Sess.); Burns 6-1127; Baldwin 3168. Acts 1925. Burns 21-219 to 21-221, 21-225, 21-226, 21-228; Bald- 
win 4644 to 4646, 4650, 4651, 4653, 1 Rev. Stat. 1852; Burns 25-1522; Baldwin 10602. Acts 1905; Burns 
48-801, 48-802; Baldwin 12473, 12474. 1 Rev. Stat. 1852; Burns 49-3232; Baldwin 5432. 
4 l 1 Rev. Stat. 1852; Burns 56-804; Baldwin 14775. 

42 Acts 1913; Burns 49-3226 to 49-3230; Baldwin 5488 to 5492. 

4 S Acts 1877 (Spec. Sess.); Burns 30-510; Baldwin 7630. 

4 4 Acts 1835-36 (general), ch. 24, sec. 1. Rev. Stat. 1838, ch. 85, sec. 6. Rev. Stat. 1843, 
ch. 8, sees. 11, 12. 1 Rev. Stat. 1852; Burns 49-3231; Baldwin 5474. 



RECORDER 187 

powers of at torney; 4 5 discharges from military service; 
charters and proceedings of corporations and associations; 
limited partnerships; 8 bonds of surviving partners; " leases 
of rolling stock and equipment of railroads; 5 statutory- 
statements of express companies; 51 certificates revoking the 
admission of foreign corporations to do business in this 
state; " and the official bond of the clerk of the circuit 
court . 

The recorder keeps a miscellaneous record in whieh he 
reeords documents for which he keeps no specific book, in- 
cluding many papers, writings, and documents which no law 
specifically requires him to record. 5 

A law provides that, when so directed by the board of 
commissioners, the recorder must "subscribe for one of each 
of the newspapers of a political or miscellaneous character 
published in his county, file the same in his office, and 
cause said newspaper to be substantially bound, from time 
to time, in volumes of a convenient size, to be kept in his 
office for the use of the inhabitants of this state, who 



4 5 Acts 1881 (Spec. Sess.), 1891; Burns 2-2519; Baldwin 391. Acts 1883; Burns 49-1309, 56- 
108, 56-109; Baldwin 14733, 14729, 14732. 1 Rev. Stat. 1852; Burns 56-106, 56-107, 56-137; Baldwin 
14730, 14731. 

46 Acts 1865, ch, 40, sec, 4. Acts 1865 (Spec. Sess.), ch. 7, sec. 4. Acts 1925; Burns 
59-1002 to 59-1004; Baldwin 11002 to 11004. 

The law requires the recording in a separate book and requires an index thereto, ibid, 

4 7 Acts 1816-17, ch. 28, sec. 5. Acts 1820-21, ch. 20, sec. 1. Rev, L. 1824, ch. 61, sec. 
5; ch. 64, sees. 1, 7; ch. 87, sees. 7, 9. Acts 1826-27, ch. 88, secs.1-3. Acts 1828-29, ch. 4, sees. 
5, 7. Rev. L. 1831, ch. 60, sec. 5; ch. 64, sec. 1; ch. 87, sec. 1. Acts 1929; Burns 25-219,25-228, 25-235. 
25-241, 25-242, 25-305, 25-309, 25-311; Baldwin 4919, 4928, 4935, 4941, 4942. 4963, 4967, 4969. Acts 1883; 
Burns 25-2002; Baldwin 10681. Acts 1909, 1941; Burns, 1941 suppl., 25-3602; Baldwin, 1911 suppl., 

9280-2. 

4 8 

Such documents are required to be recorded "in a book to be kept for that purpose." 

Rev. Stat. 1843, ch. 32, sec, 4, Acts 1859; Bums 50-104, 50-106, 50-112; Baldwin 13195, 13197, 13209. 

4 9 Acts 1877; Burns 50-304; Baldwin 13216. 

5 ° Acts 1891; Burns 55-3716 to 55-3718; Baldwin 15449 to 15451. 
5 1 Acts 1879 (Spec. Sess.); Burns 55-4102; Baldwin 14401. 

5 2 Acts 1929; Burns 25-311; Baldwin 4969. 

5 S Rev. L, 1831, ch. 15, sec. 5. Rev. Stat, 1838, ch. 17. Rev. Stat 1843, ch. 4, sec. 89. 
1 Rev. Stat. 1852; Burns 49=106; Baldwin 13066, 

5 4 Rev. L. 1831, ch. 77, sec. 7. Rev. Stat. 1838, ch. 85, sec. 12. Rev. Stat. 1843, ch. 8. 
sec.14. 1 Rev. Stat. 1852, Acts 1925; Burns 49-3205; Baldwin 5470. 1 Rev. Stat, 1852; Burns 49-3209; 
Baldwin 5471. Information obtained from E. P. Brennen, state examiner, on May 18, 1939, by W. 
Davis Hamilton. 



188 TIPPECANOE COUNTY 

shall, at all times during office hours, have access to the 
same, free of a 1 1 charge and expense." 0. 

Laws formerly required the recorder to record the follow- 
ing document. : Indentures of apprentices;' old-age assist- 
ance awards; inheritance tax r e c e i pis; 5 ' dentists' certifi- 
cates of registration; special assessments against lands 
benefited by ditches ond drains; 6 ' and official bonds of the 
sheriff, coroner, D . county school commissioner, 62 and to- 
bacco inspector. 60 

The recorder is required to index the deeds , mor tgages , 
and various other instruments recorded by him. 6 Information 



5 5 1 Rev. Stat. 1852; Burns 25-626 to 26-628; Baldwin 5285 to 5287. 
6 Acts 1827-28, ch. 46, sec. 1. Rev. L. 1831, ch. 69, sec. 7. Rev. Stat. 1838, ch. 4, sec. 
2. Rev. Stat. 1843, ch. 35, sees, 138, 139. 1 Rev. Stat. 1852; Burns 49-3210; Baldwin 5475. 

The law providing for indenturing of apprentices was repealed in 1939. Acts 1939, ch. 10. 

5 7 Acts 1936 (Spec. Sess.), ch, 3, sec. 38. Acts 1941, ch. 201. 

5 8 Acts 1913, ch. 47, sec, 21. 

This act, which was superseded by Acts 1931, ch. 75, provided that such receipts be re- 
corded in a book labeled "Transfer Tax." 

5 9 Acts 18S7. ch. 32, sec. 9. Acts 1899, ch. 211, sec. 29. 

Acts 1881 (Spec. Sess.), ch, 43. sec, 6. Acts 1885 (Spec, Sess.), ch. 40, sec. 6. Acts 
1905, ch. 157, sees. 4, 14. Acts 1907, ch. 252.. sees. 6, 21. Acts 1933, ch. 264, sec. 81. 
Releases. Acts 1941, ch. 73. 

6 l Acts 1816-17, ch. 13, sec. 3. Acts 1817-18 (general), ch. 19, sec. 3. Rev. L. 1824, ch. 
100, sec. 3, Rev. L. 1831, ch. 97, sec. 3. Rev. Stat. 1838, ch. 99, sec. 3. Rev. Stat. 1843, ch. 38. 
sees. 69, 70. 1 Rev. Stat. 1S52, ch. 92. 2 Rev. Stat. 1852, pt. 1, ch. 6, sec. 1; ch. 7, sec. 1. 

6 2 Acts 1823-29, ch. 84, sec. 8. Rev. L. 1831, ch. 86, sec. 6. Acts 1832-33, ch. 70, sec. 5. 
Acts 1836-37 (general), ch. 2 (2), sec. 3 Rev. Stat. 1838, ch. 94 (2), sec. 3. Rev. Stat. 1843, ch. 
4, sec. 162. 

6 S Acts 1816-17, ch. 11, sec. 4. Rev. L. 1824, ch. 109, sec. 4. 

64 Garrett v. Board of County Comrs., 92 Ind. 518 (1883). Deeds. Acts 1825, ch. 44, sec. 
1. Acts 1826-27, ch. 52, sec. 1. Rev. L. 1831, ch. 77, sec. 5. Rev. Stat. 1838, cb. 85, sec. 5. 
Rev. Stat. 1843, ch. 8. sec. 10. 1 Rev. Stat. 1852; Burns 49-3209; Baldwin 5471. 1 Rev. Stat. 1852, 
Acts 1855; Burns 49-3216, 49-3218; Baldwin 5480, 5482. Turpen v. Board of County Comrs,. 7 Ind. 
172 (1855); State ex rel. Beard of County Comrs. v. Atkinson, 17 Ind. 26 (1861). 

Mortgages. Acts 1825, ch. 44, sec. 1. 1826-27, ch. 52, sec. 1 Rev. L. 1831, ch. 77, sec. 5. 
Rev. Stat. 1838, ch. 85, sec. 5. Rev. Stat. 1843, ch. 8, sec. 10. 1 Rev. Stat. 1852; Burns 49-3209, 49- 
3217, 49-3218; Baldwin 5471. 5481, 5482. Gilchrist v. Gough, 63 Ind. 576 (1S78). Reeder v. State ex 
rel. Harlan, 98 Ind. 114 (1884). 

Index to chattel mortgage minute book. Acts 1935; Burn?, 1940 suppl., 51-510; Baldwin, 
1935 suppl., 13227-10. 

Federal tax liens. Acts 1925; Burns 49-3222; Baldwin 10571. 

Conditional sales of fixtures. Acts 1935; Burns, 1940 suppl., 58-806, 58-809; Baldwin, 1935 
suppl., 14857-5, 14857-8. 



RECORDER 18 9 

concerning the documents recorded in his office is reported 
annually to the state division of accounting and s tat i st i cs . 

The recorder charges the fees required by law. He keeps 
a combined fee book and cashbook, and enters therein, as 
received, all money received in his office. Quarterly he 
reports to the auditor the amount of fees collected by him, 
and pays such fees over to the treasurer. 

Printed blank forms (furnished by the county) of deeds, 
mortgages, and other instruments may be used by the recorder 
for recording instruments (executed on similiar printed forms) 
for any person who presented 500 or more of such instruments 
to the recorder for recording during the last preceding year. 6 

The photographic process of recording instruments may 
be used by the recorder if adopted by the board of commis- 
sioners. Such method has never been used generally by the 
recorder of Tippecanoe County. 

Forms for the following books were prescribed for 
recorders by the state board of accounts: A combined fee 
book and cashbook; register of farm names; chattel mortgage 
minute book; and abstract of old-age assistance awards. Said 
board has prescribed forms of blanks for report of fees col- 
lected, application for registration of farm names , certificate 
of registration of farm- names, and chattel mortgage receipt. 

Formerly the county treasurer, auditor, and recorder 
selected petit jurors for the circut court and court of common 
pleas . ' 



Quiet title record. Acts 1911; Burns 3-1409; Baldwin 968. 

Discharges from military service. Acts 1925; Burns 59-1003; Baldwin 11003. 

Contracts waiving liens of laborers, materialmen, and building contractors, Acts 1921, 
ch. 56, sec. 1. 

6 5 Acts 1909; Burns 60-202; Baldwin 13855. Statistical Report for the State of Indiana for the 
Period ending June 30, 1940 (Indianapolis, 1941), 56-58. 

6 6 Acts 1871, ch. 15, sees. 4, 21, 22, 51. Acts 1883, ch. 78, sec. 3. Acts 1891, ch. 194, sees. 
124, 125. Acts 1895; Bums 49-1308, 49-1310; Baldwin 7566, 7567. Acts 1895, 1903, 1913; Burns 49-1401, 
49-1402, 49-1408, 49-1410; Baldwin 7576, 7577, 7583, 7585. Opinions of the Attorney General of Indiana, 
1937, p. 317. See footnote 12. 

Fee charged where single instrument releases or assigns more than one chattel mortgage. 
Opinions of the Attorney General of Indiana, 1939, p. 54. 

6 7 Acts 1875 (Spec. Sess.), 1919; Burns 49-3206; Baldwin 5487. 

6 8 Acts 1927; Burns 49-3207; Baldwin 14667. 

6 9 Acts 1909; Burns 60-202; Baldwin 13855. Informtion obtained from E. P. Brennan, 
state examiner, on May 18, 1939, by W. Davis Hamilton. 

7 ° 2 Rev. Stat. 1852, P t. 1, ch. 9, sec. 1, p. 24. Acts 1853, ch. 59, sec. 1. 

These duties were discontinued in 1881. Acts 1881 (Spec. Sess.), 1899, 1913; Burns 4-3301,4- 
3304, 4-3306; Baldwin 1266, 1267, 1270. See the essay entitled "Circuit Court." 



196 TIPPECANOE COUNTY (63-65) 

Filing of Instruments for recording 

63. Entry Book, 1827-190G, 1912- . 31 vols. (1-19, 21- 
32). 

Record of filing of instruments for recording, showing date 
and time of filing, names of principals, kind and number of 
instrument, amounts of consideration and fee, location and 
description of property, and volume and page reference to 
recording. Also contains: Satisf act i ons , Cancel lat ions and 
Assignments, 1832-1904, entry 64; and Fee and Cash Book, 
1827-95, entry 105, Arr. ehron. by dates of filing. No in- 
dex. Hdw. 500 pp. 17 x 12 x 2. 30 vols., 1827-1906, 1912- 
34 t recr. rec. rm.; 1 vol., 193 5—, recr. off. 

64. Satisfactions, Cancellations and Assignments, 19 05- . 
4 vols. (1-4). 1832-1904 in Entry Book, entry 63. 

Daily entry book of satisfactions and cancellations of chat- 
tel and real mortgages and liens, and assignments, showing 
dates of instruments and entry, names of mortgagor and mort- 
gagee, amounts of consideration and fees, kind of instrument, 
and volume and page reference to recording. Arr. chron. by 
dates of entries. No index. Hdw. 300 pp. 18 x 12 x 2y 2 . 
3 vols., 1905-June 7, 1937, recr. rec. rm.; 1 vol., June 7, 
1937-, recr. off. 

Land transfers 

deeds, titles and grants 

65. DEED RECORD, 1826-, 195 vols. (A-C, C, D-N, N-X, 
X, Y, Z, 27-31, 31-39, 39-190). 

Transcripts of deeds for conveyance of title to real property, 
showing date of deed, date and time of recording, names of 
grantor and grantee, entry number, amount of consideration, 
location and description of real property, and kind of deed. 
Also contains: Cemetery Record, 1848-1924, entry 70; Sher- 
iff's Deed Record, 1834-88, 1908~, entry 71; Tax Deed Record, 
1834-88, 1908~ , entry 74; Commissioners' , Executors' , Admin- 
istrators' and Partition Deed Record, 1833-88, July 1908— f 
entry 75; Will Record, 1836-81, entry 76; Plat Book, 1826-89, 
entry 78; Mortgage Record, 1826-52, entry 81; School Fund 
Mortgage Record, 1837-52, entry 82; Release o f Mortgage Rec- 
ord, 1833-52, entry 83; Chattel Mortgage Record, 1832-52, 
entry 88; Mechanics' Lien Record, 1838-53, entry 89; Lease 
Record, 1837-67, entry 96; Power of Attorney, 1833-52, en- 
try 97; Miscellaneous Record Affidavits, 1828-94, entry 99; 



(66-70) RECORDER 191 

Miscellaneous Record, 1830-1930, entry 100; and Discharge 
Record, 1866-1917, entry 102, Arr. c'hron. by dates of re- 
cording. Indexed a 1 pb , by names of grantors and grantees: 
for separate index, seo entry 66. Hdw., 1826-1907; typed, 
1908-. 640 pp. 18 x 12 x 3. 193 vols., 1826-Apr. 27, 1939, 
recr. rec. rra . ; 2 vols., Apr. 27, 1939—, recr. off. 
For original deeds, see entry 9 5 - i . 

66. General Index to Deeds, 1826- . 206 vols, (labeled 
as to deed record covered). 

Index to Deed Record, entry 65, showing date of recording, 
names of grantor and grantee, amount of consideration, lo- 
cation and description of property, and volume and page ref- 
erence to recording. Arr. alph. by names of grantors and 
grantees. Hdw. 500pp. 16 x 11 x %%. 205 vols., 1826-Apr. 
27, 1939, recr. rec. rra.; 1 vol., Apr. 27, 1939- , recr. off. 

67. SPRINGVALE CEMETERY RECORD, 186 9--, 2 vols, (l, 2). 
Transcript of deeds for conveyance of titles to lots in 
Springvale Cemetery, showing date and time of recording, 
date of deed, names of grantor and grantee, amount of con- 
sideration, instrument number, and location and description 
of lot. Arr. chron. by dates of recording. For index, see 
entry 68. Hdw. 500 pp. 18 x 16 x 3. 1 vol., 1869-Sept. 8, 
1917, recr. rec. rm.j 1 vol., Sept. 9, 191 7-, recr. off. 

68. Index to Springvale cemetery Deed Record, 1869- . 1 
vol . 

Index to Springvale Cemetery Record, entry 67, showing name 
of grantee, and volume and page reference to recording. Arr. 
alph. by names of grantees. Hdw. 100 pp. 18 x 12 x 1. 
Recr . of f . 

69. cemetery Deed Record, 19 3- . 1 vol. 
Transcript of deeds for conveyance of titles to lots in Grand 
View Cemetery, showing dates of deed and recording, names 
of grantor and grantee, amount of consideration, instrument 
number, and location and description of lot. Arr. chron. by 
dates of recording. Indexed alph. by names of grantees. 
Hdw. 603 pp- 18 x 12 x 3. Recr. off. 

70. Cemetery Record, 1925- . 1 vol. 18 48 = 1924 in Deed 
Record, entry 65. 

Transcript of deeds for conveyance of titles to cemetery lots, 
showing dates of deed and recording; names of grantor, grantee, 
and cemetery; amount of consideration; instrument number; 
and location and description of lot. Arr. num. by instrument 
nos. Indexed alph. by names of grantors and grantees. 600 
pp. 18 x 12 x 3. Recr. of f . 



192 TIPPECANOE COUNTY (71-75) 

71. Sheriff's Deed Record, 1889-1907. 3 vols., (1-3). 
1834-88, 1908- in Deed Record, entry 65. 

Transcripts of deeds for conveyance of titles to real prop- 
erty sold to satisfy judgments, showing dates of sale, deed, 
and recording; names of grantor and grantee; amount of con- 
sideration; instrument number; and location and description 
of property. Arr. num. by instrument nos. Indexed a 1 ph . by 
names of grantees. Hdw., 1889-Dec. 2, 1907; typed, Dec. 3, 
1907-Dec. 18, 1907. 576 pp. 18 x 12 x 3. Recr. rec. rm . 

72. QUIET TITLE RECORD, 1891—, 3 vols.- (1-3). Title 
varies: Quieting Title, Settlement of Estates, 
1891-1908, 1 vol. 

Transcripts of court decrees rendered in causes quieting 
titles to real property, showing dates of trial and recording; 
names of plaintiff, defendant, attorneys, and witnesses; cause 
number; location and descr iption of property; and proceedings 
and decision of court. Arr. num. by cause nos. Indexed 
alph. by names of plaintiffs and defendants 1895-1910; for 
index, 1911—, see entry 73. Typed. 550 pp. 18 x 12 x 3. 
2 vols., 1891-June 2, 1923, recr. rec. rm.; 1 vol., June 3, 
1923-, recr. off. 

73. INDEX TO QUIET TITLE RECORD, 1911—. 2 vols. (2, 3). 
Index to Quiet Title Record, entry 72, showing dates of fil- 
ing, decree, and recording; names of plaintiff and defendant; 
location and description of property; and volume and page 
reference to recording. Arr. alph. by names of plaintiffs. 
Hdw. 225 pp. 18 x 14 x 1. 1 vol., 1911-June 2, 1923, recr. 
rec. rm.; 1 vol., June 3, 1923-, recr. off. 

74. TAX DEED RECORD, 1889-1907. 3 vols. (1-3). 1834- 
88, 1908- in Deed Record, entry 65. 

Transcripts of deeds for conveyance of title to purchasers 
of land sold for nonpayment of taxes, showing dates of sale, 
deed, filing, and recording; names of grantor and grantee; 
amount of consideration; instrument number; and location 
and description of property. Arr. num. by instrument nos. 
Indexed alph. by names of grantees. Hdw. 500 pp. 18 x 12 x 
3. Recr. rec. rm. 

75. Commissioners', Executors', Administrators', and Par- 
tition DEED RECORD, 1889-June 1908. 3 vols. (1-3). 
1833-88, July 1908- in Deed Record, entry 65. 

Record of court decrees in actions for partition of real 
property, showing dates of trial, filing, and recording; names 
of estate, plaintiff, defendant, attorneys, and witnesses; 
cause number; location and description of property; and 



(76-80) RECORDER 193 

decision of court. Arr. num. by causa nog. Indexed alpb. by 
names of principals. Hdw., 1889-Dec. 26, 1907; typed, Dec. 
27, 1907-June 1908. 550 pp. 18 x 12 x 3. Recr. rec. rm. 

76. WILL RECORD, 1882-. 3 vols, (1=8). 1836-81 in 
Deed Record, entry 65. 

Transcripts of wills filed for probate, showing dates of 
will, filings and recording; names of testator, heirs, wit- 
nesses, and executor; amount and description of estate; and 
provisions of will. Arr. chron. by dates of recordings. 
Indexed alpb. by names of testa tore. Hdw,, 1882-Aug. 1907; 
typed, Sept. 1907-. 576 pp. 18 x 12 x 3, 2 vols., 1882-Feb. 
1923, recr. rec. rm.; 1 vol., Aug. 1923~ s recr. off. 

For original wills, see entries 95=iv, 174; for other 
will records, se® entry 175. 

77. TRACT BOOK, 1824-53. 2 vols. 

Register c? f original land grants and sales, showing date of 
sale; name of purchaser; amount of consideration; numbers 
of Congressional township, range, and section; and location 
and description of property. Arr.. num. by Congressional 
township and range cos., thereunder by section nos. No in- 
dex. Hdw. 340 pp. 18 x 11 x V/i- Recr. rec. rm. 

PLATS (see also entry 3 58) 

78= PLAT BOOK, 1890-. 4 vols. 1826-89 in Deed Record, 
entry 65.' 
Plats of all towns, cities, additions, parks and cemeteries 
in county, showing dates of plat, filing, aad recording; name 
and number of plat; location and description of plat; and 
volume and page reference to Deed Record, entry 65. Arr. 
ehron, by dates of recording. For index, see entry 79. 
Black and white and blueprints, 200 pp. 24 x 30 x 2%, 
Recr. rec. rm. 

79. INDEX TO PLATS, 1827™. 3 vols. (2 vols, unlabeled; 
2), 
Index to plats recorded in D - s e d Record, 1826-89, entry 65; 
and Plat Book, entry 78, showing name of plat, and volume 
and page reference to recording. Arr, alph, by names of 
plats. Hdw. and typed. Condition fair, 100 pp. 16 x 9 x 
1. Recr. rec. rm, 

MORTGAGE TRANSACTIONS 
REAL ESTATE 

8 . General I ndex Mortgages , 1 8 2 6 - . 2 4 vo 1 s . (unlabeled 
as to Mortgage Record covered ) . Title varies: Gen- 
eral Index Mor tgages in Deed Records 1826-52, 1vol. 



194 TIPPECANOE COUNTY (81-83) 

Index to mortgages in Deed Record, 1826-52, e a t r y 65; a n d 
Mortgage Record, 185 3~, entry 81, showing date of recording, 
name* of mortgagor and mortgagee, kind of instrument, loca- 
tion and description of property, and volume and page refer- 
ence to recording. Arr. alph. by names of mortgagors and 
mortgagees. Hdw. 91 vols., 300 pp. 14 x 8 x I; 149 vols., 
300 pp. 18 x 16 x 1. Recr. rec. rm. 

81. MORTGAGE RECORD, 1853~. 178 vol?. (1-9, 9-177). 
1826-52 in Deed Record, entry 65. 

Transcripts of real property mortgages executed to secure 
loans, showing dates of mortgage and satisfaction; date, and 
time of recording; names of mortgagor a n d mortgagee; a m o u n t 
and conditions of mortgage; and location, description, and 
valuation of property. Also contains: School Fund Mortgage 
Record, 18 53-64, entry 82 ; Release of Mortgage Record , 1853-88, 
entry 88; Chattel Mortgage Record, 1853-88, entry 83; Power 
of A 1 1 o r n e y , 1853-80, e n try 97; a n d M isceilaneous Records, 
1853-1930, entry 100. Arr. chron. by dates of mortgages. 
Indexed alph. by names of mortgagors *nd mortgagees; for 
separate index, see entry 80. Hdw. 1853-July 1902; typed, 
Aug. 1902-. 620 pp. 18 x 12 x 3. 177 vols., 1853-May 8, 
1939, recr. rec. rm.; 1 vol.. May 8, 1938-, recr. of?, 

For original real estate mortgages, see entry 95-iii. 

82. School fund mortgage Record, 186 5-, 7 vols. (1,1- 
6). 1837-52 in Deed Record, entry 65: 1858-64 in 
Mortgage Record, entry 81. 

Transcripts of mortgages executed to secure school fund loar^, 
showing dates of mortgage, recording, and maturity; names of 
mortgagor, mortgagee, and fund; amount, conditions; and num- 
ber of mortgage; and location and description of property. 
Arr. cbrcH: by dales of r^c^rding. Indexed alph. by names 
of mortgagors. Hdw., 1865-Feb. 2, 1908; typed, Feb. 3, 1908". 
576 pn. 18 x 12 x 3. 8 vols., 1865-July 1931 , recr. rec. rm.; 
1 vol., Aug. 1931—, recr. off. 

For other school fund m o r t g a g e records, see entries 
346, 349. 

8 3 . RELEASE OF MORTGAGE RECORD , 1 889—. 19 vols. (1-19). 
1833-52 in Deed Record, entry 65; 1853-88 in Mort- 
gage Record, entry 81. 
Transcripts of real property mortgage releases, showing dates 
of release and recording, names of mortgagor and mortgagee, 
statement of release, and volume and page reference to Mort- 
gage Record, entry 81. Arr. chron. by dates of recording. 
Indexed alph. by names of mortgagors and mortgagees. Hdw., 



(84-86) RECORDER 195 

1889-Nov. 12, 1893; typed, Nov. 13, 1893-. 620 pp. 18 x 12 x 
3. 18 vols., 1889 -May 16, 1938, recr. rec. rra.; 1 vol., May 
17, 1936-, recr. off. 

For o r i g i n a 1 real property mortgage releases, see entry 
95-ii. 

CHATTEL 

84. CHATTEL MORTGAGE MINUTE BOOK, June 15, 1935—. 4 
vols. (1-4). 

Mortgages and contracts, including: 

i. Abstracts of mortgages executed to secure loans on 
personal property, showing dates of mortgage, 
recording, filing, end maturity; names of mort- 
gagor and mortgagee; amount and conditions of 
loans; instrument number: description of prop- 
erty; and amount of intangible tax paid. 
ii. Conditional sales contracts, showing dates of con- 
tract and filing, entry number, names of vendor 
and vendee, amount and conditions of contract, 
and description of property. 

Arr. num. by instrument nos- Indexed alph. by names of 

mortgagors or vendors; for separate index, see entry 85, Hdw. 

800 pp. 18 x 12 x 3. 3 vols,, 1935-Jan. 14, 1938, recr. rec. 

rm.; 1 vol., Jan. 14, 19 38™, recr. off. 

For prior records, see entry 88; for original mortgages 

and contracts, see entry 86. 

85. Index to Chattel Mortgage Minute book, June 15, 
1935—. 1 vol. 

Index to Chattel Mortgage Minute Book, entry 84, showing 
date and time of recording, instrument number, names of 
mortgagor and mortgagee, amount of mortgage, and volume and 
page reference to recording. Arr. alph. by names of mortga- 
gees. Hdw. 600 pp. 18 x 12 x 3. Recr. off. 

86. [Chattel Mortgages and Conditional Sales Contracts], 
June 15, 1935—. 27 f. b. (labeled by inclusive 
instrument nos.). 1860- June " 14 , 1935 in [Miscel- 
laneous Documents] , entry 9 5, 

Contains : 

i. Original chattel mortgages, showing dates of mort- 
gage, filing, and maturity; entry number; names 
o f mortgagor and mortgagee; amount and conditions 
of mortgage; description of property; and volume 
and page reference to Chattel Mortgage Minute 
Book, entry 84. 



196 TIPPECANOE COUNTY (87-89) 

ii. Original conditional scales contracts, showing dates 
of contract and filing, entry number, names of 
vendor and vendee, amount and conditions of con- 
tract, description of property, and volume and 
page reference to Chattel Mortgage Minute Book, 
entry 84 . 
Arr. num. by entry nos. No index. Hdw. and typed. 11 x 
5 x 14. Recr. off. 

8 7 . CHATTEL RECEIPTS , June 15, 1 9 3 5" . 6 vols. 
Duplicates of receipts issued by recorder for chattel mort- 
gages kept on file until released,- showing date? of receipt, 
mortgage, filing, and maturity; number and amount of mort- 
gage; receipt number; and names of mortgagor, mortgagee, 
and person filing mortgage. Arr. chron. by dates of filing. 
No index. Hdw. 200 pp. 14 x 10 x iy 2 . Recr. off. 

88. chattel Mortgage Record, 1889-Aug. 5, 1935. 87 
vols. (1-87). 1832-52 in Deed Record, entry 65; 
1858-83 in Mortgage Record, entry 81. 
Transcripts of chattel mortgages executed on personal prop- 
erty to secure loans, showing dates of mortgage, filing, 
recording, and maturity; names of mortgagor and mortgagee; 
amount, number, and conditions of mortgage; and description 
of property. Arr. num. by mortgage nos, Indexed alph. by 
names of mortgagors and mortgagees. Hdw., 1889-Apr. 29, 
1893; typed, Apr. 29, 1893-Aug. 5 r 1935. 540 pp. 18 x 12 x 
3 . Recr . rec . rm, 

For subsequent records, see entry 84. 

LIENS 

8 9 . Mechanic ' s Lien record ,18 5 4-. 9 vols. ( i , 3 , 5 - 1 1 ) . 
Title varies: Miscellaneous Record, Mechanic's 
Liens, 1854-Sept. 19, 1894, July 8, 1929-Jan. 1933, 
2 vols.; M' see 1 l[aneoujs Mechanic ' s Record , 1905-13, 
1 vol. 1838-53 in Deed Record, entry 85. 
Transcripts of mechanics' liens executed to insure payments 
for labor and materials, showing dates of lien, recording, 
and satisfaction; names of lienor and lienee; amount and 
nature of lien; and location and description of property. 
Arr. chron. by dates of recording. Indexed alph. by names 
of lienors and lienees. Hdw., 1854-Sept. 19, 1894; typed 
Sept. 28, 1894". 530 pp. 16 x 11 x 2^. 8 vols., 1854-Jan. 
1933, recr. rec. rm.; 1 vol., Feb. 193 3-, recr. off. 
For original mechanics' liens, see entry 94-v. 



(90-94) RECORDER 197 

9 0. S IRE LIEN RECORD , 1892—. 1 vol. 

Record of liens executed to insure payment of stallion service 
fees, showing dates of service, recording, and satisfaction; 
names and addresses of lienor and lienee; name, registry 
number, and description of sire; description of dam; and 
amount of lien. Arr. chron, by dates of recording. Indexed 
alph. by names of lienors. Hdw. 316 pp. 18 x 12 x 1%. 
Recr. rec. r m . 

91. Inheritance Tax Record, 191 5-. 1 -vol. 

Record of receipts issued for inheritance transfer tax pay- 
ments, showing dates of receipt and recording, names of payer 
and estate, amount and description of inheritance, and amount 
of tax paid. Arr. chron, by dates of recording. Indexed 
alph. by names of estates, Hdw. 460 pp. IS x 12 x 3. 
Recr. rec. rm. 

For other inheritance tax records, see entries 194, J 9 5 , 
310, 311. 

92. Abstract of Old- Age assistance certificates filed, 
1936~. 1 vol . 

Abstracts of certificates of award of old-age assistance es- 
tablishing liens against properly of recipients, showing date 
and time of filing; instrument, application code, and serial 
numbers; name of recipient; and date and amount of certifi- 
cate of award. Arr. num. by application code n o s . Indexed 
alph. by names of recipients. Hdw. 600 pp. 18 x 12 x 3. 
Recr . off. 

For original certificates © f award, see entry 93; for 
other old-age assistance records, see entries 328-38 0, 428-432. 

S3. OLD-AGE ASSISTANCE CERTIFICATES, 1936-. 1 f. d. 
Duplicate certificates of award of old-age assistance estab- 
lishing liens against property of recipients, showing infor- 
mation as in entry 92. Arr. num. by application code nos. 
No index, Hdw. 11 x 15 x 25. Recr. off. 

For other old-age assistance records, see entries 328 - 
330, 428-432. 

94, BILLS OF SALE [Miscellaneous instruments], 1840". 
13 f. b. (numbered irregularly), 
Original documents filed for recording and uncalled for, 
including : 

i. Articles and dissolutions of incorporations and 
associations, showing information as in entry 98. 
ii. Bills of sale of chattel and real property, showing 
dates of ins t rumen t and recording, names of prin- 
cipals, amount of consideration, description of 



198 TIPPECANOE COUNTY (95-97) 

property, conditions of gale, and volume and page 
reference to recording, 
iii. Certificates of election of officers of churches, 
lodges, and societies, showing dates of certifi- 
cate and recording, names of organization and 
office, name and address of officer, term of of- 
fice, and volume and page reference to recording, 
iv. Leases on real property, showing information as in 
entry 96. 
v. Mechanics' liens, showing information as in entry 
89. 
vi . Powers of attorney, showing information as in en- 
try 97. 
Arr. chron, by dates of instruments. No index. Hdw. and 
typed. 6 x 4 x 10. Recr. off. 

95. [Miscellaneous Documents] , 1850-. 2 f. b.,4f.d. 
Original documents filed for recording and uncalled for, in- 
cluding: 

i. Deeds, 1851—, showing information as in entry 65. 
ii. Martgsge releases, continuances and assignments, 
1876—, showing information as in entry 83. 
iii. Real estate mortgages, showing information as in 
entry 81. 
iv. Wills and testaments, 1891-, showing information 
as in entry 76. 
Also contains: [Chattel Mortgages and Conditional Sales 
Contracts], 1860-June 14, 1935, ©ntry 86. Arr. num. by in- 
strument nos. No index. Hdw. and typed- F, b-. 6 x 4 x 
12; £ . d. , 4 x 24 x 12, Recr. off . 

96. LEASE RECORD, 1863", 9 vols, (1 = 9), 1837-67 in 
Deed Record, entry 65. 

Transcripts of real property leases, showing dates of lease 
and recording, names of lessor snd lessee, amount and con- 
ditions of lease, and location and description of property. 
Arr. chron. by dates of recording. Indexed alph. by names 
of lessors and lessees. Hdw., 1868-Apr. 5, 1897; typed, 
Anr. 17, 1897-. 576 pp. 18 x 12 x 3. 8 vols., 1868-Oct. 
1939, recr. rec. rm. ; 1 vol., Nov. 1939-, recr. off. 
For original leases, see entry 94-iv. 

97. POWER OF ATTORNEY, 1881™. 4 vols. (1-4). 1833-52 
in Deed Record, entry 65; 1853-80 in Mortgage Rec- 
ord, entry 81. 

Recerd of powers of attorney granted, showing dates of in- 
strument and recording, names of grantor and grantee, and 



(98-100) RECORDER 199 

term and conditioDS of authorization, Arr. chron. by dates 
of r e e o r d I n g . Indexed a 1 ph . by names of grantors and grantees. 
Hdw., 1881-1907; typed, 1908-. 500 pp. 16 x 11 x 3. 3 
vole., 1881-Apr. 1923, recr. rec. rm. ; 1 vol., July 1923- , 
recr . of f . 

For original powers of attorney documents, see entry 
94-vi . 

9 8 . Miscellaneous record , I ncorpor ations , 1 8 6 9 - . 8 vols. 
(2, 4, 8-13). Title varies: Record of Incorpora- 
tions, 1931-37, 1 vol . 
Transcripts of articles and dissolutions of incorporations 
and associations j shewing dates of Instrument, filing, and 
recording; n&m® , type, and address of business; amount of 
capital, stock; and names of directors and officers. Arr. 
chron, by dates of recordings, Indexed alph, by names of 
corporations or associations. Hdw., 1869-D.ec. 19, 1807; 
typed, Dec, 21, 1S07-. 576 pp. 18 x 12 x 3. 7 vols., 1363- 
Nov, 19 37, recr, rec. rm ; ; 1 vol, s Dec. 19 37-, recr, off. 

For original documents, see entry 94- i. 

9 9 . MISCELLANEOUS RECORD , AFFIDAVITS ,189 5"'. 9 v o 1 s . ( 6 - 

14), 1828-94 in Deed Record, entry 65. 
Transcripts of affidavits showing dates of affidavit and 
recording, names of affiant and witnesses, and nature of 
affidavit. Arr. chron. b y d a t e s of recording;. Indexed alph. 
by names of affiants , Typed. 520 pp. 18 x 12 x 3, 8 vols,, 
1895~Apr. 13, 1940, recr. rec. rm.; 1 vol., Apr. 20, 1940—, 
recr . off. 

10 0. MISCLLANEOUS RECORD , 1 9 8 1 - . 4 vols. ( 1 - 4 ) . .1830- 

1930 in Deed Record, entry 65; 1853-1930 in Mort- 
gage Record, entry 81. 
Transcripts of miscellaneous documents, including: 

i. Agreements, showing dates of agreement and re- 
cording , names of principals, amount and condi- 
tions of agreement, and location and description 
of property, 
ii. Bills of sale, showing dates of sale and record! ng , 
names of vendor- and purchaser, description and 
itemized list of property, and amount of sale, 
iii. Certificates of election of officers of churches, 
lodges, and societies, showing dates of election 
and recording; names of church, ledge, or so- 
ciety, and officer elected; and officer's title. 
iv. Contracts, showing dates of contract and record- 
ing, names of principals, location and description 



200 TIPPECANOE COUNTY (101-104) 

of property, and amount and conditions of con- 
tract . 
v. Occasional recordings of appointments, bond affi- 
davit*, certificates of death and inheritance 
tax, official bonds, easements, landlord and tax 
liens, letters of administration and guardianship, 
board of directors' meetings, patents, petitions 
for sale of real estate, receiverships, and re- 
lease of judgments, showing dates of documents 
and recording, names of principals, and nature 
and conditions of documents. 
Arr. chron. by date 3 of recording. Indexed al ph. by names of 
principals. Hdw. 550 pp. 18 x 12 x 3, 3 vols., 1931-Apr. 
18, 1940, recr. rec. rm. ; 1 vol., Apr. 18, 1940-*, recr. off. 

101. [STATISTICAL REPORTS], 1913". 1 bdl. 
Recorder's annual statistical report of all instruments re- 
corded, showing date of report, number of instruments, and 
amounts of consideration and satisfaction. Arr. chron. by 
dates of reports. No index. Hdw. 1 x 4 x 12. Recr. off. 
10 2. DISCHARGE RECORD, 1918—. 1 vol. 1866-1917 in Deed 
Record, entry 65. 
Record of honorable discharges from U. 3. military service, 
showing dates of enlistment, discharge, and recording; name, 
age, rank, color, address, and service record of veteran; 
physical condition when discharged; marital status; name of 
commanding of f i cer ; and serial number. Arr. chron. by dates 
of recording. Indexed aiph. by names of veterans. Hdw. 
800 pp. \% x 12 x Q l / 2 . Recr. off. 

103. Apprentices Indentures, 1833-99. 2 vols, (1, 1 vol. 
unlabeled). Discontinued. 

Transcript of agreements to assume obligations of children's 
care and education in return for services performed, showing 
date and conditions of agreement; name, age, and race of 
child; and names and addresses of parents and master. Arr. 
chron. by dates of agreements. Indexed alph. by names of 
masters and children. Hdw. 375 pp. 18 x 12 x 2. Recr. 
rec . rm. 

104. STOCK MARK RECORD, 1 836—. 1 vol. Last entry, 
1883. 

Record of identification marks used to establish ownership 
of stock, showing date of recording, name of owner and town- 
ship, and description of mark. Arr. by names of twps . , there- 
under chron. by dates of recording. No index. Hdw. 300 
Recr. rec. rm- 



(105-109) CIRCUIT COURT 201 

FEE AND CASH RECORDS 

105. FEE and CASH Book, 1896—. 16 vols. 1827-95 in 
Entry Book, entry 68. 

Record of fees collected for recording instruments, showing 
date of collection, name of payer, number and kind of instru- 
ment, amount of fee, total fees paid county, and date and 
amount paid treasurer. Arr. chron. by dates ©f col lee tions . 
No index. Hdw. 820 pp. 18 x 12 x 3. 15 vols., 1896-1935, 
recr. rsc. rm.; 1 vol., 1936—, recr off. 

106. [REPORTS OF FEES], 1913~. 1 f. b. 

Copies of quarterly reports to auditor of fees collected, 
showing date of report, number and kind of instrument, 
amount of fees for each kind of instrument, and total amount 
of fees due county, Arr. chron. by dates of reports. No 
index. Hdw. 10 x 4 x 12. Recr. off. 

107. Fee Docket, 1866-71. 1 vol. 

Record of fee bills issued to sheriff for collection, show- 
ing dates of issue, satisfaction, and return for recording; 
names of par ties; and amount and number of bill. Arr. chron. 
by dates of issue. Indexed alph. by names of defendants. 
Hdw. 312 pp. 18 x 12 x 2. Recr. rec. rm. 

MAPS 

10 8. TIPPECANOE COUNTY, 1922. 1 map. 
Land tenure and communication map, showing names of town- 
ships, rivers, creeks, cities, towns, property owners, and 
railrosds; farm boundaries and acreage; boundaries and num- 
bers of sections, townships, and ranges; rural route and 
state road numbers; county roads; forest reserves; and drain- 
age system. Drawn by E. C. Minton, Lafayette, Ind. Black 
and white. No seals given, 48 x 60. Recr. off. 

109. [PLAT OF LAFAYETTE], 1908. 1 map. 

Copy of original plat of Lafayette, showing original town 
plat, divisions, street names, lot numbers, and official at- 
test of surveyor. Black and white. Scale: 2" to 528'- 
18 x 18. Recr. rec. rm, 



V. CIRCUIT COURT 

LEGAL STATUS 

The circui t court , which has existed in Tippecanoe County 

ever since 1826 under the requirements of the Constitution 



202 TIPPECANOE COUNTY 

of 1816 and the Constitution of 1851, consists of one judge 
elected for a 6 -year term by the voters of the judicial cir- 
cuit. 1 Since March 15, 1.877 Tippecanoe County alone has 
constituted the twenty-third judicial circuit. 2 The official 
name of the court is "Tippecanoe Circuit Court." 

The judge of the circuit court is commissioned by the 
Governor of Indiana a d d holds office until his successor 
is elected and qualified. 5 For 3 years next before his can- 
didacy for election the judge must have been duly admitted 
to practice law in Indiana and also must have practiced or 
taught lav/ or acted as an officer of the stats or a munici- 
pality therein during said time (the periods of practice, 
teaching, and holding office to be combined). During the 
term for which he was elected, the judge cannot hold any 
office of trust or profit under the state, other than a ju- 
dicial office;' and, while holding the office of judge of the 
circuit court, the judge must reside within the circuit, 8 
mu st not hold any other lucrative office, a n d m u st not prac- 
tice law, ° He must take an oath that he will support the 
State and Federal Constitutions and will faithfully discharge 
the duties of his office. lx 

Statutes provide that the judge of the circuit court 
shull receive a regular salary in the amount of $4,200 per 
year, payable monthly out of the state treasury, aud that 
additional compensation, not exceeding $2,800 per year, pay- 
able monthly out of the county treasury, may be allowed by 
the board of commissioners. The constitution provides 
that an increase or decrease in the compensation of the judge 



1 Const. 1851, art. 7, sees. 1, 8, 9. Acts 1S81 (Spec. Sess.); Burns 4-301; Baldwin 1395. 

Acts 1925. 1929; Burns 4-3220; Baldwin 1258. See footnotes 17 and IS herein. 

2 
Before March !5 ; 1877 Tippecanoe County belonged to judicial circuits composed of 

more than one county. See footnote 31 herein. 

° Acts 1881 (Spec. Sess.}; Burns 4-302; Baldwin 1396. 

4 Condi. 1851, art. 15, sec. 6. 1 Rev. Stat. 1852; Burns 49-201; Baldwin 13095. 

5 Cons!:. 1851, art. 15, sec. 3. 



Acts 1939; Burns, 1940 suppl., 4-3224; Baldwin, 1939 suppl., 1223-1 



7 Const. 1851, art. 7, sec. 16. 



Ibid., sec. 9. 

9 Cons!. 1816, art. 11, sec. 13. ConsT:. 1851, art. 2, sec. 9. 

1 ° Acts 1881 (Spec. Sess.), ch. 37, sec. 114 . Acts 1905; Burns 10-3101; Baldwin 2 635. 
1 X Cons!. 1816, art. 11, sec. 1. Cons!. 1851, art. 15, sec. 4. Acts 1905; Burns 10-3708; Bald- 



win 2660. 1 Rev. Stat. 1852; Burns 49-101; Baldwin 13054 
1 

to 1236. 



12 Acts 1921; Burns 4-3209; Baldwin 1225. Acts 1923; Burns 4-3213 to 4-3216; Baldwin 1233 



CIRCUIT COURT 203 

cannot take effect until the expiration of the incumbent's 

1 s 
term of office. 

If the judge be convicted of corruption or other high 
crime, he may, on an information in the name of the state, 
be removed from office by the supreme court. 14 This is the 
only method by which the judge may be removed from office. 10 

Any vacancy in the office of judge of the circuit court 
is filled through appointment by the Governor. At the next 
biennial general election (held on the 1st Tuesday after the 
1st Monday in November in the even-numbered years), a judge 
is elected for the remainder of the term in which the vacancy 
occurred. The person appointed or elected to fill a vacancy 
must take oath as was required of his predecessor, and holds 
office until his successor is elected and qualified. The ap- 
pointee holds office until January 1 next after the election 
of his successor. 6 

With the organization of Tippecanoe County in 1826, 17 
there was established in the county, as required by the man- 
datory provisions of the Constitution of 1816, a circuit court 
composed of a pres ident judge and two associate judges. The 
president judge was elected for the circuit by joint ballot 
of both houses of the general assembly. The associate judges 
were elected in the county by the voters thereof. 8 All 
judges were commissioned by the Governor and held office 
for the term of 7 years.' 9 Reeess appointments of president 
judges were made by the Governor when the general assembly 
was not in session. The president judge alone or any two 

judges could hold a court; but the presence of the president 



1 S Const. 1851, art. 7, sec. 13; art. 15, sec. 2 (as amended in 1926). 

1 4 lbM. f art. 7, sec. 12. Acts 1897; Burns 49-819; Baldwin 13152. 

1 5 State v. Dearth, 201 Ind. 1, 164 N. E. 489 (1929); State ex reh Youngblood v. Warrick 
Circuit Court, 208 Ind. 594, 196 N. E. 254 (1935). Information obtained from Omer Stokes Jack- 
son, Attorney General of Indiana, on July 29, 1939, by W. Davis Hamilton, 

1 6 Cons!. 1851, art. 5, sec. 18. Acts 1925, 1929; Burns 4-3220; Baldwin 1258. Acts 1881 
(Spec. Sess.); Burns 29=701; Baldwin 7081, 1 Rev. Stat. 1852; Burns 49-402, 49-404, 49-408, 49-409; 
Baldwin 13101, 13103, 13106, 13107. State ex reh Custer v. Schortemeier, 197 Ind. 507, 151 N. E, 407 

(1926); State ex rel. Middleton v. Scott Circuit Court, 214 Ind. 643, 17 N. E. (2d) 464 (1938). 

1 7 

Acts 1825-26, ch. 10, sec. 1. (Tippecanoe organization act) 

1 8 ConA. 1816, art. 5, sees. 3, 7. Acts 1816-17, ch. 2, sec. 2; ch. 3, sec. 4; ch. 14, sees. 1, 8, 

Acts 1817-18 (general), ch. 2, sec. 2. Rev. L. 1824, ch. 24, sec. 2. Rev. L. 1831, ch. 22, sec. 2. 

Rev. Stat. 1838, ch. 23, sec. 2. Rev. Stat. 1843, ch. 38, sees. 1-4. 

1 9 Condi. 1816, art. 5, sec. 4; art. 11, sec. 9. 

2 ° Ibid., art. 4, sec. 9. 



204 TIPPECANOE COUNTY 

was required in capital-punishment cases and cases in chan- 
ceny. The president judge presided when he end one or both 
associate judges were present. The president judge could 
control the action of the court when he and one associate 
judge were present; and any two judges could control the 
action of the court when all three judges were present. 21 
Since the adoption of the Constitution of 1851, the circuit 
court has consisted of one judge elected by the voters of the 
judicial circuit for a 6-year term, 

The circuit court existing under the Constitution of 
1816 had original jurisdiction of naturalization proceedings 
under the Federal laws; all criminal cases under the state 
laws (except those punishable only by fine not exceeding $3, 
of which the justices of the peace had exclusive original 
jurisdiction); all civil actions at law; all equity cases 
(including suits for divorce); insanity inquests and commit- 
ments; the probate of wills; the granting and revocation of 
letters testamentary, letters of administration; and letters 
of guardianship; the administration of estates of decedents, 
minors, and insane persons; and the examination and allow- 
ance of accounts of executors, administrators, and guardians. 
The associate judges were sometime* called "The Probate 
Court" when exercising their jurisdiction concerning dece- 
dents 1 estates.* 3 Some of the original jurisdiction of this 
circuit court was transferred in 1829 to the probate court, 
which is discussed in a separate essay. This circuit court 
had appellate jurisdiction to review decisions of the board 
doing county business," justices of the peace, 25 the probate 



21 Ibid., art, 5, sec. 3. Fuller v. State, I Blackf. 63 (1820); Cock v. State, 7 Blackf. 165 
(1844); Miller v. Burger, 2 Ind. 337 (1850). 

Adjournment for lack of quorum. Acts 1816-17, ch. 2,sec. 10. 

22 Consl. 1851, art. 7, sec. 8. Acts 1881 (Spec. Sess.); Burns 4-301; Baldwin 1395. 

23 U. S. Stat., 2:153, 155 (law of 1802); 4:G9 (law of 1824). ConsT;. 1816, art. 5, sec. 3. 
Acts 1816-17, ch. 2, sees. 5-8; ch. 3, sees. 2, 3; ch. 4, sec. 39. Acts 1817-18 (general), ch. 2, sees. 
5-7; chs. 3, 13. Acts 1821-22, ch. 73, sec. 4. Rev. L. 1824, ch. 24, sees. 4-6. Acts 1825, ch. 35. 
sees. 1-3. Rev. L. 1831, ch. 22, sec. 3. Rev. Stat. 1838, ch. 23, sees, 3-7, 12; ch. 31. sec. I. Re?, 
Stat. 1843, ch. 35, sees. 22-72; ch. 38, sees. 6-32. Prentiss v. Porter, 1 Blackf. 525(1822); Mills v. 
Bradley, 1 Blackf. 541 (1827); State v. Albertson, 2 Blackf. 251 (1829); Bcquctte v. Lasselle, 5 Blackf. 
443 (1840); Sherry v. Winton, 1 Ind. 96 (1848). 

24 Rev. Stat. 1838, ch. 21, sees. 28, 29; eh. 41, sec. 12. Rev. Stat. 1.843, ch. 7, sees. 37-43; 
ch. 11, sec. 11; ch. 16, sec. 56; ch. 17, sec. 18. Reddington v. Hamilton, 8 Blackf. 62 (1846); 
Taylor v. Lucas, 8 Elackf. 289 (1816.); Malone v. Hardesty, 1 Ind. 79 (1848). 

2 5 Acts 1816-17, ch. 5, sec. 18. Rev. Stat. 1S38, ch. 4, sec. 5; ch. 6, sees. 5, li; ch. 19, sec. 



CIRCUIT COURT 205 

court, and the court of common pleas. Decisions of 

this circuit court were reviewable by the Supreme Court of 
Indiana. 28 

From 1829 until 1873 the circuit court had no jurisdic- 
tion of insanitj' inquests and commitments; the probate of 
wills; the granting and revocation of letters testamentary, 
letters of administration, and letters of guardianship; the 
administration of estates of decedents, minors, and insane 
persons; and the examination and allowance of accounts of 
executors, administrators, and guardians. 29 From 1867 until 
1875 the circuit court had no original jurisdiction of crim- 
inal cases under the state laws. 30 

From the organization of the Tippecanoe Circuit Court 
until the present time, Tippecanoe County has belonged to 
the following judicial circuits: 1826 until November 6, 
1852, first circuit (Benton, Boone, Carroll, Cass, Clay, 
Clinton, Daviess, Fountain, Greene, Jasper, Knox, LaPorte, 
Martin, Montgomery, Newton, Owen, Orange, Parke, Putnam, 
St. Joseph, Sullivan, Tippecanoe, Vermi 1 1 ion , Vigo , Wabash, 
Warren, and White); November 6, 1852 until February 9, 1855, 
eighth circuit, (Benton, Boone, Clinton, Fountain, Jasper, 
Montgomery, Parke, Tippecanoe, Vermillion, and Warren); 
February 9, 1855 until March 6, 1873, twelfth circuit (Benton, 
Jasper, Newton, Tippecanoe, and Whi te); March 6, 1873 to date, 
twenty-third circuit (Tippecanoe and White). Every county 
which was in the designated circuits at any time during 
the designated periods is shown above. There were numerous 
transfers of counties to and from those circuits during those 
periods. Ever since March 15, 1877 Tippecanoe County alone 
has constituted the twenty- thi rd circuit. Before March 15, 
1877 Tippecanoe County belonged to judicial circuits composed 
of more than one county. 31 



16; ch. 43, sec. 6; ch. 58, sees. 11, 80, 90; ch. 79, sec. 21. Rev. Stat. 1843, ch. 19, sees. 23, 46; ch. 
23, sec. 10; ch. 35, sec.- 162; ch. 41, sees. 11, 42, 43; ch. 42, sec. 63; ch. 43, sees. 9-13; ch. 45, sees. 
173-176, 193, 216; ch. 47, sees. 159-182; ch. 55, sec. 21. 

2 6 See the essay entitled "Probate Court (1829=53)." 

2 7 See the essay entitled "Court of Common Pleas (1848-52)." 

2 8 Acts 1816-17, ch. 1, sees. 7, 13, Acts 1817-18 (general), ch. 1, sees. 7, 13. Rev. L. 
1824, ch. 25, sec. 7. Rev. L. 1831, ch. 24, sec. 7. Rev. Stat. 1838, ch. 25, sees. 13, 16. Rev. Stat. 
1843, ch. 37, sees. 1, 9, 70, 91. 

2 9 See the essays entitled "Probate Court (1829-53)" and "Court of Common Pleas (1853-73)." 

3 ° See the essay entitled "Criminal Circuit Court (1867-75)." 

3 1 Rev. L. 1824, ch. 26, sec. 1. Acts 1825, ch. 15, sec. 7. Acts 1826-27, ch. 11, sec. 8; ch. 



206 TIPPECANOE COUNTY 

FUNCTIONS AMD RECORDS 

The circuit court has original jurisdiction of naturali- 
zation proceedings under the Federal laws; all criminal c a s e s 

under the state laws (except those punishable only by fine not 
exceeding $3, of which the justices of the peace have exclusive 
original jurisdiction); proceedings to punish the violators of 
town ordinances; all c i v i 1 a c t i o n s at la w ; all suits in e qu i - 
t.y ; " divorce and alimony p r o c e ed i ngs;"" declaratory j u,d g m e a t 
proceedings; r juveni.le. matters; insanity in quests. and com - 
rnitments; election contests; 07 proceedings for removal of 



18, sec. 1. Acts 1827-28, ch. 18, sec. 2. Acts 1829-30, ch. 21, sees.. 4, 6; ch. 25. sec. 6; ch. 28 
(first act), sec. 1; ch. 23, sec. 15. Rev. L. 1831, ch. 23, sec. 1, Arts 1831-32, ch. 157, sec. I. Acts 
1532-33, ch. 3, sec. 1. Acts 1833-34, ch. 30, sec. 6; ch. 37, sec. 1. Rev. Stat. 1838, ch. 23 (1 
act), sees. 1, 3. Acts 1S3"8-S9 (general), ch. 2, sec. 1; ch. 19, sec. 5; ch. 129, sees. 1, 3. Acts 1839-40 
(general), ch. 25, sec. 1; ch. 40, sec. 6. Acts 1840-41 (general), ch, 25, sec. 1. Acts 1841-42 (gene 
ch. 28, sec. 1. Acts 1851-52, ch. 21, sec. 8;.ch. 27, sec. .1, Acts 1853, ch. 23, sec. 4. Acts [855. 
ch. 25, sec. 1. Acts 1861, ch. 19, sec. 1. Acts 1873, ch. 29, sec. 24. Acts 1375. ch. 32, sec. 1. Acts 
1877 (Spec. Sess.), ch. 11, sec. 1. 

82 Acts 1881 (Spec. Sess.); Burns 4-303; Baldwin 1397. State ex rel. Robertson v. 
Circuit Court, 215 Inch 18, 17 N. E. (2d) 805 (1939). 

Legislature's power to prescribe jurisdiction. Board of County Comrs. v. Albright. 168 
Ind. 564, 81 N. E. 578 (1907). 

Naturalization proceedings. U. S. Stat., 2:153, 155 (law of 1302); 4:69 (law of 1824). U. S. 
C, title 8, sec. 357 (laws of 1906, 1911,. 1913). 

Criminal cases within exclusive jurisdiction of justices of the peace. Acts 1905; Burns 
9-711, 9-715; Baldwin 2080, 2084. 

Proceedings to punish violators of town ordinances. Acts 1905; Burns 43-401; Baldwin 11359. 

"Courts are bound to declare the lav/ to be that which the General Assembly, acting with- 
in its constitutional power, enacts, be it wise or foolish as measured by our persona? views, and 
even though it shocks our sense of justice and fairness." State v. Brown, 213 Ind. 113, 124, 11 N. 
E. (2d) 679 (1937). 

3 " Acts 1881 (Spec. Sess.); Burns 4-303; Baldwin 1397. Acts 1873, 1933; Burns 3-1203, 3-1217; 
Baldwin 904, 926. Acts 1903; Burns 3-1232; Baldwin 935. Acts 1881 (Spec. Sess.); Burns 4-303; Bald- 
win 1397. McHie v. McHie, 106 Ind. App. 152, 16 N. E. (2d) 987 (1938). 

34 Acts 1927; Burns 3-1101 to 3-1116; Baldwin 438-453. 

5 Acts 18G7, ch. 67 (misnumbered 62), sees. 10-19, 22, 23. Acts 1869 (Spec. Sess.), ch. 
32, sees. 19-26, 35, 36. Acts 1872 (Spec. Sess.), ch. £0. Acts 1875. ch. 45. Acts 1879, ch. 58. 
Acts 1903, 1913, 1931, 1935, 1937; Burns, 1940 suppl., 9-2801; Baldwin ,1937 suppl., 1759. Bumes v. 
Deckard, 1C5 Ind. App. 674, 17 N. E. (2d) 481 • 31 

3 6 2 Rev. Stat. 1852, Acts 1835; Burns 8-202 et $< q.; Baldwin 3460 et seq. Acts 1855;. Burns 
22-1401 et seq.; Baldwin 1031 et seq. Acts 1939; Burns, 1940 suppl.. 22-1742; Baldwin, 1939 supph, 
4227-2. 

8 7 Acts 1933, 1935; Burns, 1940 suppl., 29-2301 to 29-2309; Baldwin, 1935 suppl., 742S to ,435, 
7427-1. State ex rel. Lord v. Sullivan, 214 Ind. 279, 15 N. E. (2d) 384 (1938). 



CIRCUIT COURT 2 07 

county officers;' ' quo warranto proceedings; 39 pr oceedings 
for mandate, prohibition, 40 and injunction; 41 proceedings to 
quiet title to real estate; partition proceedings; ne 

exeat proceedings;"" habeas corpus proceedings; 5 proceed- 
ings to commit persons to hospitals operated by Indiana Uni- 
versity; eminent domain proceedings; 4 ' proceedings to es-A 
tablish drainage districts and assessments; 48 proceedings 
for change of names of persons; adoption proceedings; 5 

receiverships; 5 " bastardy proceedings; 52 guardi anships ; ° u 
probate of wills; 5 and administration of estates of dece- 
dents, 03 minors, and insane persons, 56 The circuit court 



8 8 Const; 1851, art. 2, sees, 6, 7; art. 6, sec. 8. Acts 1897, 1899; Burns 49-821 to 49-834, 
49-836; Baldwin 13154 to 13165, 13050, 13168. Acts 1875; Burns 49-837; Baldwin 13052. Bateman v. 
State, 214 Ind. 138, 14 N. E. (2d) 1007 (1938). 

" 9 Acts 1881 (Spec. Sess.), 1929; Burns 3-2001 to 3-2016; Baldwin 1045, 1046, 1054, 1047 to 
1053, 1055 to 1060. 

40 Acts 1881 (Spec, Sess.), 1911, 1915, 1933; Burns 3-2201 to 3-2208; Baldwin 1090 to 1093. 
1095, 1095-1, 1096, 1097. 

4 1 Acts 1881 (Spec. Sess.), 1899; Burns 3-2101 to 3-212C; Baldwin 1061 to 1080. 

42 Acts 1881 (Spec. Sess,), 1911, 1915; Burns 3-1401 to 3-1410; Baldwin 9C6, 3303, 3304, 967, 
942, 943, 970, 969, 968, 968 note. Acts 1935; Burns, 1940 suppl., 3-1417, 3-1418; Baldwin, 1935 suppl.. 
558-1, 558-2. 

4 S 2 Rev. Stat. 1852, Acts 1881 (Spec. Sess.), 1897; Burns 3-2401 et seq.j Baldwin 1106 et seq. 

44 Acts 1881 (Spec. Sess.); Burns 3-2301 to 3-2307; Baldwin 1102, 1105, 1098, 1099, 1100, 1101, 
1103. 

5 Acts 1S81 (Spec. Sess.); Burns, 3-1901 t;gj-lj^ ^Baldwin 1020 et seq. Kunkel v. Money - 
hon, 214 Ind. 605, 17 N. E. (2d) 82 (1938). 

~ 6 Acts 1939; Burns, 1940 suppl., 28-5417; Baldwin, 1939 suppl., 14078-89c. 

4 7 Acts 1905, 1935; Burns, 1940 suppl., 3-1702; Baldwin, 1935 suppl., 14062. Acts 1905; 
Burns 3-1707; Baldwin 14068. 

4 8 Acts 1933; Burns 27-104, 27-109, 27-116, 27-122, 27-134; Baldwin 5740, 5745, 5752, 5758,. 5770. 
Penn. v. Ducomb, 213 Ind. 133, 12 N. E. (2d) 116 (1938). 

4 9 2 Rev. Stat. 1S52, 1905; Burns 3-801 to 3-805; Baldwin 869 to 873. 

5 ° Acts 1855, 1883; Burns 3-101, 3-103: Baldwin 681, 684. 

5 l Acts 1881 (Spec. Sess.); Burns 3-2601 et seq.; Baldwin 1143 et acq. 

5 2 2 Rev. Stat. 1852; Burns 3-606 to '3-614, 3-616; Baldwin 851, 855, 856, 859, 852, 854, 857, 858, 860, 
865. 2 Rev. Stat. 1852, Acts 1877, 1935; Burns, 1940 suppl., 3-605, 3-615; Baldwin, 1935 suppl., 850, 861. 

5 S Acts 1881 (Spec. Sess.); Burns 4-303; Baldwin 1397. 2 Rev. Stat. 1852; Burns 8-101 ct 
seq.; 8-201 et seq.; Baldwin 3418 et seq.; 3459 et seq. Acts 1911; Burns 8-301 ct sen.; Baldwin 3472 
et seq. Acts 1867; Burns 8-401 to 8-403; Baldwin 3476 to 3478. 

5 4 Acts 1881 (Spec. Sess.); Burns 4-303; Baldwin 1397. 2 Rev. Stat. 1852; Burns 7-401, 7- 
414, 7-503, 7-506; Baldwin 3375, 3388, 3393, 3401. Acts 1911, 1921, 1933; Burns 7-504; Baldwin 3395. 

5 5 Acts 1881 (Spec. Sess.); Burns 4-303; Baldwin 1397. 
See footnotes 36 and 53 herein. 



208 TIPPECANOE COUNTY 

is known es the "Juvenile Court" when exercising jurisdiction 
of juvenile matters. 5 In connection with its jurisdiction 
to' administer decedents' estates, the court administers cer- 
tain provisions of the inheritance tax laws. 58 

The circuit court has appellate jurisdiction 59 to review 
decisions of justices of the peace; city courts; 6 board of 
commissioners; 6 " board of commissioners and county council 
acting jointly concerning condemnation of schoolhouses ; 6 
board of review fixing value of property for taxation; 6 
taxing authorities determining that property is taxable; 65 
board of public works or board of park commissioners of any 
city in the county (or city council performing such func- 
tions); 6 and other inferior tribunals when no express direc- 
tion is given as to the court to which the appeal lies. 6 ' 

The circuit court has power to make all proper judg- 
ments, sentences, decrees, orders, and injunctions; to punish 
for contempt; to issue all process necessary for the exercise 
of its jurisdiction (including process to inferior courts); 
and to adopt rules for conducting its business. Decisions 
of the circuit court are reviewable by the Supreme Court of 
Indiana or the Appellate Court of Indiana. 70 

The judge of the circuit court is a conservator ©f the 



5 7 

See footnote 35 herein. 

5 8 Acts 1931, 1933; Burns 6-2408, 6-2410, 6-2413, 6-2415; Baldwin 15946. 15948. 15951, 15953. 

Acts 1931, 1933, 1937; Burns, 1940 suppl., 6-2407; Baldwin, 1937 suppl., 15945. 

5 9 Acts 1881 (Spec. Sess.); Burns 4-303; Baldwin 1397. 

6 ° 2 Rev. Stat. 1852; Burns 5-1001; Baldwin 1931. 

6 X Acts 1905; Burns 4-2415; Baldwin 2390. Acts 1917; Burns 4-2603; Baldwin 11608. Acts 
1921; Burns 4-2702; Baldwin 12172. Acts 1923; Burns 4-2802; Baldwin 12336. 

6 2 Acts 1879 (Spec. Sess.), 1885; Burns 26-820; Baldwin 5275. 1 Rev. Stat. 1852; Burns 26- 
901; Baldwin 5277. Acts 1933; Burns 27-117; Baldwin 5753. Acta 1905; Burns 36-1501; Baldwin 8858. 
State ex rel. Sink v. Cass Circuit Court, 214 Ind. 323, 15 N. E. (2d) 624 (1938). 

6 S Acts 1931; Burns 28-3005; Baldwin 6147. 

6 4 Acts 1927; Burns 64-1020; Baldwin 15686. 

6 5 Acts 1919, 1927; Burns 64-2103; Baldwin 15804. 

6 6 Acts 1933; Burns 48-4501; Baldwin 11576. 

6 7 Hamilton v. Fort Wayne, 73 Ind. 1 (1880). 
8 2 Rev. Stat. 1852; Burns 4-305 to 4-307, 4-312; Baldwin 1398 to 1400, 1405. 

Contempt. Universal Credit Co, v. Talcott, 213 Ind. 228, 12 N. E. (2d) 141 (1938). 

6 9 2 Rev. Stat. 1852; Burns 4-313; Baldwin 1406. 
2 Rev. Stat. 1852, pt. 2, ch. 1, sec. 550. Acts 1901, 1907, 1915, 1925; Burns 4-214; Bald- 
win 1356. 



CIRCUIT COURT 209 

peacp throughout hi s judicial circuit, 7 and takes all neces- 
sary recognisances to keep the peace "or to answer any crim- 
inal charge or offense in the court having jurisdiction." 7 
He is a member of the commission of public records. 7o He 
appoints one member of the county school fund board, 74 five 
members of the county board of public welfare, 75 two mem- 
bers of the county board of review, 76 and two members of 
the county board of tax adjustment. 7 He appoints eight 
members of the county bospi tal governing board, 7 ! three mem- 
bers of the county public library board, 73 and five trustees 
ef a sanitary district, 8 ' when such boards and d i s tr i ct exi s t 
in the eounty. He may appoint two tobacco inspectors for 
the county, 8 special prosecuting attorneys (in case of dis- 
qualification or failure to attend court), 8 special county 
commissioners (in case of d i squal i f i ea t i on) , 8 ' and attorneys 
to represent poor persons in the circuit court/ Under the 
provisions of an act of 1939 he may appoint magistrates for 
a court to be known as "The Magistrates Court of Tippecanoe 
County," but no such magistrates have been appointed. 8 ' 5 He 
approves the official bondi of the prosecuting attorney, 86 



7 l ConSt. 1816, art. 5, sec. 5. Con&. 1851, art. 7, sec. 15. 

7 2 2 Rev. Stat. 1852; Burns 4-314; Baldwin 1407. State v. Cooper, 90 Ind. 575 (1883). 

7 S Acts 1939; Burns, 1940 suppl., 49-3701; Baldwin, 1939 suppl., 5492-1. 

7 4 Acts 1865, 1935; Burns, 1940 suppl., 28-209; Baldwin, 1935 suppl., 6558. 

' 5 Acts 1936 (Spec. Sess.), 1937; Burns, 1940 suppl., 52-1118; Baldwin, 1937 suppl., 14078-19. 

7 6 Acts 1895, ch. 36, sec. 2. Acts 1919, 1920 (Spec. Sess.); Burns 64-1201; Baldwin 15700. 

7 7 Acts 1932 (Spec. Sess.), ch. 10, sec. 4. Acts 1933, ch. 237, sec. 4. Acts 1937; Burns, 



1940 suppl.. 64-310; Baldwin, 1937 suppl., 15897-4. 
7 8 

7 9 

Acts 1913, 1919, 1931; Burns 48-4102; Baldwin 11721. 

82 



7 8 Acts 1903, 1939; Burns, 1940 suppl., 22-3203; Baldwin, 1939 suppl., 4509. 

Acts 1917, 1921, 1927, 1939; Burns. 1940 suppl., 41-510; Baldwin, 1939 suppl., 10321. 

8 

8 1 Acts 1857; Burns 67-308; Baldwin 9461. 



Rev. L. 1824, ch. 24, sec. 12. Acts 1833-34, ch. 92, sees. 1-4. Rev. Stat. 1838, ch. 9 
(secend act), sees. 1-4. Acts 1851-52, ch. 8, sec. 5. 2 Rev. Stat. 1852; Burns 49-2505; Baldwin 5461. 
Perfect v. State, 197 Ind. 401, 141 N. E. 52 (1926); State ex rel. Williams v. Ellis, 184 Ind. 307, 112 
N. E. 98 (1916); State ex rel, Spencer v. Marion Criminal Court, 214 Ind. 551, 15 N. E. (2d) 1020 
(1938). 

8 S Acts 1913; Burns 26-614 to 26-616; Baldwin 5229 to 5231. 

84 Acts 1881 (Spec. Sess.); Burns 2-211; Baldwin 26. Acts 1913; Burns 2-1417; Baldwin 
199. Acts 1905; Burns 9-1314; Baldwin 2235. Opinions of the Attorney General of Indiana, 1939, p. 
351. 

8 5 Acts 1939; Burns, 1940 suppl., 4-3802; Baldwin, 1939 suppl., 2008-2. 

8 6 2 Rev. Stat. 1852; Burns 49-2502; Baldwin 5458. 



210 TIPPECANOE COUNTY 

the county di rector of public welfare, 8 and col lect i on agen- 
cies. 8 He makes certificates of "qualification and moral 
character" concerning persons applying to the Governor for 
appointments as notaries public. He can solemnise mar- 

riages,' admini s ter oaths , take acknowl edgments and proof s 
of deeds and other documents, 92 waive certain provisions of 
the marriage license law requiring laboratory tests and 
medical certificates," ' issue licenses for carrying pistols, 94 
and certify as to the authenticity of transcripts of the records 
and proceedings of the court. 95 

In pursuance of appropriations by the county council,," 6 
the judge of the circuit court may make allowances against 
the county for expense of administration of justice." 7 Such 
allowances include comnensation of witnesses, 9 jurors, 99 
master commissioners, 10 sheriff. 1 bailiffs, 1 court 

)age 

10 5 



reporter," ' court paste, and attorneys appointed to rep- 



resent poor persons. 



8 7 Acts 1936 (Spec. Sess.), 1937; Burns, 1940suppi., 52-1119; Baldwin, 1937 suppl., 14078-20. 
8 8 Acts 1937; Burns, 1940 suppl., 10-5001; Baldwin, 1937 suppl., 2163-5. 

8 9 1 Rev, Stat. 1852, Acts IS55; Burns 49-3503; Baldwin 13016. 

9 ° Acts 1897; Burns 44-301; Baldwin 5621. 

9 1 2 Rev, Stat. 1352; Burns 4-312; Baldwin 1405. Acts 1861; Burns 49-601; Baldwin 13053, 

92 1 Rev. Stat. 1852, Acts 1859; Burns 56-123; Baldwin 14674. 

93 Acts 1939; Burns, 1940 suppl., 44-213; Baldwin, 1939 suppl., 5624-1. 

9 4 Acts 1935, 1937; Burns. 1940 suppl., 10-4738; Baldwin, 1937 suppl., 2569-5. 

9 5 Acts 18S1 (Spec. Sess.); Burns 2-1605, 2-1617, 2-3106; Baldwin 273, 258, 459. Acts 1881 
(Spec. Sess.), 1929; Burns 2-2520; Baldwin 392. Acts 1903, 1933; Burns 2-3112; Baldwin 466. 2 Rev. 
Stat. 1852; Burns 4-307; Baldwin 1400. Acts 1905; Burns 9-2103; Baldwin 2315. 

9 6 Acts 1S99; Burns 25-515, 26-527; Baldwin 5379, 5391. 

97 Acts 1879 (Spec, Sess.); Burns 49-1432, 49-1434; Baldwin 13127, 13128. 

Change of venue from county. Acts 1905; Burns 9-1312 to 9-1315; Baldwin 2233 to 2236. 

Blank books and stationery. 2 Rev. Stat. 1S52; Burns 49-2709; Baldwin 1436. 

9 8 1 Rev. Stat. 1852; Burns 9-2108; Baldwin 13C6. 

9 9 Acts 1831 (Spec. Sess.), 1913, 1927, 1933; Burns 4-3319; Baldwin 1277. 

100 Acts 1881 (Spec. Sess.), 1903; Burns 4-3407; Baldwin 1286, 

101 Acts 18S5, 1905. 1915, 1919; Burns 49-1311; Baldwin 7570. 
Change of venue from county. Acts 1905; Burns 9-1315; Baldwin 223G. 

1 ° 2 Acts 1921, 1935; Burns, 1940 suppl., 4-3107; Baldwin, 1935 suppl., 1256. Acts 1S95, 1905, 
1915, 3919; Burns 49-1311; Baldwin 7570. 2 Rev. Stat, 1852; Burns 49-2804; Baldwin 5496. Opinions 
of the Attorney General of Indiana, 1939, p. 312. 

103 Acts 1921, 1939; Burns, 1940 suppl., 4-3507; Baldwin, 1939 suppl., 1298-1. Acts 1893; 

Burns 4-3511; Baldwin 1300. 

104 



Opinions of the Attorney General of Indiana, 1939, p. 312. 
\cte 1881 (Spec. Sess.); Bums 2-211, 2-212; Baldwin 26, 
Baldwin 2235. Opinions of the Attorney General of Indiana, 1939, p. 351 



105 Acts 1881 (Spec. Sess.); Bums 2-211, 2-212; Baldwin 26, 27. Acts 1905; Burns 9-1314; 



CIRCUIT COURT 211 

An act of 1941 provides for three terms of court, each 
year in Tippecsnoe County. The January term begins on the 
1st Monday in January and continues until the last Saturday 
before the 1st Monday in April. The April term begins on 
the 1st Monday in April and continues us t i 1 the 4th Saturday 
in June. The September term begins on the 2d Monday in 
September and continues until the Saturday next preceding 
the 25th day of December. 106 Many laws were enacted by the 
legislature before 1941 for the purpose of regulating the 
commencement and duration of terms of court in Tippecanoe 
County, 107 

If on account of death, sickness, or other casualty the 
judge of the circut court fails for 3 consecutive days to 
attend court during termtime, the auditor, sheriff, ®nd clerk 
of the circuit court, acting together, may appoint a temporary 
judge to serve until the return of the regular judge or until 
his successor is named. ' 

If for 9 months the regular judge is incapable (on ac- 
count of sickness, mental incapacity, or otherwise) of dis- 
charging his duties, and the clerk certifies the facts to the 
secretary of state, the Go v e r n o r m ay appoints o m e practicing 
attorney within the c i r c nil to s e r v e a s j u d g e pro tempore dur- 
ing the continuance of the disability of the regular judge. 

If the regular judge is disqualified in any particular 
cause by prejudice, relationship, or interest, and no party 
objects to the regular judge making nominations for a special 
judge, the regular judge may designate the names of three 
other judges or attorneys, and the plaintiff and defendant 
may each strike one of such names. The person whose name 



106 Acts 1941, ch. 6, sec. 1. 

107 Acts 1825-27, ch, 18, sec. 1. Acts 1327-28, ch. 18, sec. 3. Acts 1828-29, ch. 25, sec. 
4. Acts 1829-30, ch. 28 (second act), sec. 1. Rev. L. 1831, ch. 23, sec. 2. Acts 1832-33, ch. 67, 
sec. 3. Acts 1833-34, ch. 33, sec. 1. Acts 1835-35 (general), ch. 5, sec. 1. Rev, Stat, 1838, ch. 23 
(third act), sec. 2. Acts 1838-39 (general), ch. 2 5 sec. 2, Acts 1839-40 (general), ch, 25, sec. 3. 
Acts 1840-41 (general), ch. 12, sec. 1. Acts 1841-42 (general), ch. 17, sec, 1. Acts 1842-43 (general), 
ch. 2, sec. 1. Acts 1843-44 (general), ch. 14, sec. 1. Acts 1844-45 (general), ch. 74, sec, 1. Acts 
1848-49 (general), ch. 38, sec. 1. Acts 1851-52, ch. 22. Acts 1853, ch. 25, sees, 1, 2. Acts 1855, 
ch. 22, sees. 1, 2; ch. 25, sec. 2. Acts 1859, ch. 34, sec. 1. Acts 1861, ch. 19, sec. 1. Acts 1865, 
ch. 28, sec. 1. Acts 187!, ch. 28, sec. 1. Acts 1872 (Spec. Sess.), ch. 11, sees, I, 2, Acts 1873, 
ch. 29, sec. 62, Acts 1875, ch. 32, sec, 3. Acts 1893, ch. 6, sec, 1. 

1 ° 8 2 Rev. Stat. 1852, pt. 1, ch. 4, sees. 4, 17. Acts 1855; Bums 4-317; Baldwin 1423. 
Acts 1881 (Snec. Sess.); Burns 4-3103; Baldwin 1261. 

109 Acts 1871; Burns 4-317 to 4-319; Baldwin 1423 to 1425. 



212 TIPPECANOE COUNTY 

remains after such striking may serve as special judge in 
that particular cause. If a party objects to the regular 
judge making such nominations, the clerk certifies the facts 
to the clerk of the supreme court, who, acting under the 
direction of the supreme court, selects the names of three 
persons; and each party may strike one name as aforesaid. 
If the parties agree on the selection of a special judge, 
the regular judge will appoint the person thus selected. 

The judge of the third judicial district of the Supreme 
Court of Indiana (H. Nathan Swaim) may preside at the trial 
of any case pending in Tippecanoe Circuit Court when the 
judge of the latter court is ''incompetent to preside." 11 

Causes pending in the circuit court which could have 
been commenced in the Tippecanoe Superior Court may be 
transferred by the circuit court to the superior court. 

Any cause pending in the superior court in which the 
judge of the superior court is interested must be transferred 
to the circuit court when no special judge is obtained for 
hearing and disposition in the superior court. 

The sheriff, in person or by deputy, attends the circuit 
court, preserves order therein, makes announcements for the 
court, calls witnesses to the courtroom, and executes all 
process of the court.' 'Bailiffs (appointed by the judge as 
needed) wait on the grand juries and petit juries and pre- 
serve order during their proceedings and deliberations. If 
no bailiff is appointed, the sheriff or his deputy performs 
these duties. In the event of the absence, personal 



110 2 Rev. Stat. 1852, pt. 1, ch. 4, sees. 3, 4. Acts 1905, 1907; Burns 2-1409; Baldwin 207. 
Acts 1937; Burns, 1940 suppl., 2-1424 to 2-1430, 9-1316 to 9-1325; Baldwin, 1937 suppl. , 207-1 to 207-5, 
194-1, 2223-1, 2222-1 to 2222-5, 2223-2 to 2223-5. State ex rcl. Daily v. Harrison, 215 Ind. 106, 18 N. 
E. (2d) 770 (1939). 

111 Acts 1872 (Spec. Sess.); Burns 4-102; Baldwin 1308. 2 Rev. Stat. 1852; Burns 4-113; 
Baldwin 1321. Roster of State and Local Officials of the State of Indiana, 1940, p. 8. Interview of 
April 26, 1940 with Paul Stump, clerk of the supreme court. 

112 Acts 1905; Burns 4-304; Baldwin 1419 note. 

113 Acts 1875; Burns 4-1916; Baldwin 1688-16. 

1 1 4 2 Rev. Stat. 1852; Burns 49-2802; Baldwin 5494. See the essay entitled "Sherriff." 
1 l 5 1 Rev. Stat. 1852, ch. 3, sec. 4. 2 Rev. Stat. 1952, pt. 1, ch. 6, sec. 4. Acts 1879, 

ch. 51, sec. 26. Acts 1881 (Spec. Sess.), ch. 36, sec. 353; ch. 50, sec. 1. Acts 1895, ch. 145, sec. 

122. Acts 1899. chs. 83, 112. Acts 1905, ch. 155. Acts 1915, ch. 172. Acts 1919, ch. 134. Acts 

1921, ch. 146. Acts 1921, 1935; Burns, 1940 suppl., 4-3107; Baldwin, 1935 suppl. t 1256. Acts 1905; 

Burns 9-1501, 9-1810; Baldwin 2246, 2220. Adams v. State, 214 Ind. 603, 17 N. E. (2d) 84 (1938). 

Opinions of the Attorney General of Indiana, 1939, p. 312. 



CIRCUIT COURT 213 

interest, or incapacity of the sheriff, or vacancy in his of- 
fice, the coroner performs these duties of the sheriff; 1 5 and 
in the event also of the absence, personal interest, or inca- 
pacity of the corener, or vacancy in his office, the judga 
appoints an elisor to perform these duties of the sheriff. ~ 7 

The prosecuting attorney acts as attorney for the state 
in criminal cases under state laws and as attorney for the 
county and state in certain civil cases. 

The probation officer (appointed by the judge for an 
indefinite term when needed) makes investigations and reports 
in criminal and juvenile matters as directed by the court, 
and supervises the conduct of persons on probation. * The 
county director of public welfare performs duties of the 
probation officer when so directed by the court. 

The court reporter (appointed by the judge for an in- 
definite term) takes down in shorthand, and thereafter tran- 
scribes into typewriting, as directed by the court or the 
parties, the oral evidence, rulings, instructions to the jury, 
and other proceedings of the court. 

Two jury commissioners (annually appointed by the judge) 
prepare lists of names from which grand juries and petit 
juries are drawn. 1 

The court page (appointed by the judge for an indefinite 
term when needed) serves as messenger for the judge and 
clerk, and performs other minor duties assigned t© him by 
the judge. 123 



I 1 6 2 Rev. Stat. 1852; Burns 49-2902; Baldwin 5437, 

117 2 Rev. Stat. 1852; Burns 4-322, 4-323; Baldwin 1411, 1412. 

II 8 2 Rev. Stat. 1852; Burns 49-2501; Baldwin 5456. Freed v. Martin Circuit Court, 214 
Ind. 152, 14 N, E. (2d) 910 (1938); State ex rel. Spencer v, Marion Criminal Court, 214 Ind. 551, 
15 N. E. (2d) 1020 (1938). See the essay entitled "Prosecuting Attorney." 

119 Acts 1903, ch. 237, sec. 2. Acts 1925, ch. 218. Acts 1927; Burns 9-2212, 9-2213; Bald- 
win 2363, 2364. See the essay entitled "Probation Officer." 

1 20 Acts 1936 (Spec. Sess.); Burns, 1940 suppl., 52-1120; Baldwin, 1937 suppl., 14078-21. 
See the essay entitled "County Department of Public Welfare." 

121 Acts 1881 (Spec. Sess.), ch. 89. Acts 1899, 1927; Burns 4-3501 to 4-3511; Baldwin 1288 
to 1292, 1298, 1298-1, 1776, 1297-1, 1293, 1300. Adams v. State, 214 Ind. 603, 17 N. E. (2d) 84 (1938). 

122 Acts 1881 (Spec. Sess.), 1899, 1913; Burns 4-3301, 4-3306; Baldwin 1266, 1270. Acts 
1881 (Spec. Sess.), 1939; Burns, 1940 suppl., 4-3304; Baldwin, 1939 suppl., 1267. Crickmore v. State, 
213 Ind. 586, 12 N. E. (2d) 266(1938); Johnson, v. State, 213 Ind. 659, 14 N. E. (2d) 96(1938); Fore- 
man v. State, 214 Ind. 79, 14 N. E. (2d) 546 (1938). See the essay entitled "Jury Commissioners." 

123 Dunn v. State ex rel. Corydon, 204 Ind. 390, 184 N. E. 535 (1933). Opinions of the At- 
torney General of Indiana, 1939, p. 312, 



214 TIPPECANOE COUNTY 

The clerk of the circuit court, in person or by deputy, 
per'forms numerous duties for the circuit court. All new 
actions and proceedings of the circuit court are filed in the 
office of the clerk, and are numbered in consecutive order 
as filed. He is charged by statute with the duty of 
keeping and preserving the official records of the court. 

The clerk files pleadings and other court papers and 
endorses thereon the time of such filing. ' 6 He issues sum- 
mouses, notices for service by publication, attachment 
writs, garnishment writs, replevin writs, eject- 
ment writs, ° J habeas corpus writs, " warrants, "' commit- 
meats, executions, ' witness subpoenas, "' letter® of 



124 Acts 1881 (Spec. Sess.); Burns 2-1053; Baldwin 158. 2 Rev. Stat. 1852; Burns 49-2706; 
Baldwin 1433. See the essay entitled "Clerk of the Circuit Court." 
1 2 5 2 Rev. Stat. 1852; Burns 49-2706; Baldwin 1433. 

126 Acts 1816-17, ch. 2, sec. 12; ch. 4, sec. 28; ch. 5, sees. 1, 2, 18. Acts 1817-18 (general), 
ch. 4, sec. 17. Rev. L. 1824, ch. 73, sees. 1, 7, 15, 27; ch. 74, sec. 1, 18-21, 33. 41; ch. 79, sees. 8, 38. 
Rev. Stat. 1843, ch. 38, sec. 49. Acts 1881 (Spec. Sess.); Burns 2-802, 2-1641; Baldwin 83, 288. 2 
Rev. Stat. 1852; Burns 49-2706; Baldwin 1433 . 

Indictment. Acts 1881 (Spec. Sess.), ch. 36, sec. 99. Acts 1905; Burns 9-904; Baldwin 2126. 

127 Acts 1816-17, ch. 2, sec. 8; ch. 4, sec. 5. Acts 1817-18 (general), ch. 60, sec. 3; ch. 
61, sec. 3. Rev. L. 1824, ch 24, sec. 7; ch. 73, sees. 1, 2, 10, 22; ch. 74, sees. 2, 3, 9-11, 24. Acts 
1881 (Spec. Sess.); Burns 2-802; Baldwin 83. 

Summonses in criminal cases. Acts 1905, 1937; Burns, 1940 suppl., 9-1001; Baldwin, 1937 
suppl., 2134. Acts 1905; Burns 9-1013; Baldwin 2138. 

128 Rev. L., 1824, ch. 73, sec. 3. Acts 1881 (Spec. Sess.), 1885, 1935; Burns, 1940 suppl., 
2-807; Baldwin, 1935 suppl., 88. 

129 Rev. L. 1831, ch. 6, sec. 1. Acts 1881 (Spec. Sess.); Burns 3-5C9; Baldwin 777. 

130 Acts 1831 (Spec. Sess.), 1897; Burns 3-522; Baldwin 791. 

131 Acts 1881 (Spec. Sess); Burns 3-2703, 3-2704; Baldwin 1200, 1201. 

132 Acts 1927; Burns 3-1305; Baldwin 945. 

133 Acts 1881 (Spec. Sess.); Burns 3-1909; Baldwin 1044. 

1 3 4 Acts 1905, 1937; Burns, 1940 suppl. ,9-1001; Baldwin, 1937 suppl., 2134. Acts 1905; Burns 
9-1003, 9-2237; Baldwin 2136, 2347. 

135 Acts 1905, 1939; Burns, 1940 suppl., 9-725; Baldwin, 1939 suppl., 2094. Acts 1905, 1927; 

Burns 9-2228; Baldwin 2335. 

1 S fi 

Acts 1816-17, ch. 4, sec. 36; ch. 5, sec. 22. Acts 1817-18 (general), ch. 3, sec. 63; ch. 

66, sec. 1. Rev. L. 1824, ch. 10, sec. 1; ch. 74, sec. 55. Acts 1881 (Spec. Sess.); Burns 2-3301 to 

2-3314; Baldwin 523, 526, 525, 527, 521, 522, 531. 532, 427, 528 to 530, 535, 524. Acts 1905; Burns 9- 

2226; Baldwin 2332. 

137 Acts 1816-17, ch. 4, sec. 12. Rev. L. 1824, ch. 74, sec. 16. Acts 1881 (Spec. Sess.); 

Burns 2-1701; Baldwin 289. 



CIRCUIT COURT 215 

guardianship, letters testamentary, and letters of admin- 

istration. 189 He takes depositions of witnesses; ) approves 
and files judicial bonds, including bonds of executors, 

administrators, 142 and guardians; 14 " administers &nd files 
the official oaths of executors, administrators, ^ and guar- 
dians; and performs the statutory and customary duties 
of clerk at trials. 146 

The clerk keeps dockets, order books, judgment records, 
final record books, 147 inheritance tax record," 48 receiver- 
ship records, 9 guardianship records, ° ° records concerning 



1 S 8 2 Rev. Stat. 1852; Burns 8401; Baldwin 3418. State ex rel, Cecil v. Christian, 13 Ind. 
App. 303, 41 N. E. 603 (1895). 

1 .Acts 1817-13 (general), ch. 13, sees, 1, 2. Rev. L. 1824, ch. 79, sec, 4, Acts 1881 
(Spec. Sess.), 1901; Burns 6-201, 6-301; Baldwin 3025, 3030. McCool v. Old National Bank in Evans- 
ville, 214 Ind. 679, 17 N. E. (2d) 820 (1938). 

140 Acts 1881 (Spec. Sess.); Burns 2-1501; Baldwin 211. 

141 Acts 1816-17, ch. 4, sec. 36; ch. 5, sec. 18. Acts 1817-18 (general), ch. 13, sec. 19. 
Rev. L. 1824, ch. 5, sec. 24; ch. 74, sec. 13; ch. 79, sec. 2. Rev. L. 1831, ch. 6, sees. 1, 26, Acts 
1881 (Spec. Sess.); Burns 2-3209, 2-3402, 3-303, 3-508, 3-519, 6-501, 6-1506, 6-2001; Baldwin 484, 538, 
726, 776, 788, 3048, 3229, 3277. 2 Rev. Stat, 1852; Burns 7-502; Baldwin 3396. 2 Rev, Stat. 1852, 
Acts 1857, 1881 (Spec. Sess.); Burns 8-104; Baldwin 3421. 

Releasing cost bond. Opinions of the Attorney General of Indiana, 1939, p. 9. 

142 Acts 1881 (Spec. Sess.), 1939; Burns, 1940 suppl., 6-501, 6-1128; Baldwin, 1939 suppl., 
3048, 3169. Acts 1831 (Spec. Sess.); Burns 6-502, 6-804; Baldwin 3049, 3085. 

1 4S 2 Rev. Stat. 1852, Acts 1857, 1881 (Spec. Sess.); Bums 8-104; Baldwin 3421. 2 Rev. 
Stat. 1852, Acts 1895; Burns 8-204; Baldwin 3461. Acts 1867; Burns 8-402; Baldwin 3477. 

4 Acts 1881 (Spec. Sess.), 1939; Burns, 1940 suppl., 6-501; Baldwin, 1939 suppl., 3048. 

1 (Spec. Sess.); Burns 8-104; Baldwin 3421. 2 Rev. 
Stat. 1852, Acts 1895; Burns 8-204; Baldwin 3461. Acts 1867; Burns 8-402; Baldwin 3477. 

146 Acts 1816-17, ch. 3. sec s 3. Rev. L. 1824, ch. 10, sec. 1. Rev, L. 1831, ch. 15, sec. 
1. 2 Rev. Stat. 1S52; Burns 49-2706; Baldwin 1433. 

147 Acts 1816-17, ch. 2, sec. 12; ch. 4, secs. 1, 11, 12, 28, 32. Acts 1817-18 (general), ch. 
3, sec. 11. Rev. L. 1824, ch. 73, sec. 15; ch. 74, secs. 15, 33, 55. Rev. Stat. 1843, ch. 33, secs. 48, 
51; ch. 40, sees. 189, 367, 487. 2 Rev. Stat. 1852, pt. 2, ch. 1, sec. 358. Acts 1881 (Spec. Sess.), 
1929; Burns 2-1103, 2-2520. 2-3314; Baldwin 179, 392, '524. 2 Rev. Stat. 1852, Acts 1885 (Spec. Sess.).. 
1933; Burns 4-324; Baldwin 1413. 2 Rev. Stat. -1852; Burns 49-2706; Baldwin 1433, 

Docketing appeals. Acts 1881 (Spec. Sess.); Burns 2-3226; Baldwin 500. 

148 Acts 1913, ch. 47, secs. 17, 18. Acts 1931, 1933, 1937; Burns, 1940 suppl., 6-2407; Bald- 
win, 1937 suppl., 15945. 

" 4 9 Acts 1911; Burns 3-2607; Baldwin 1147. 

150 Acts 1846-47 (general), ch. 54, sec. 1. Acts 1881 (Spec. Sess.), 1883; Burns 6-2205, 6- 
2206; Baldwin 3014, 3288. Acts 1889; Burns 8-137; Baldwin 3424. 



216 TIPPECANOE COUNTY 

the administration of decedents' estates, and records of 

redemptions from judicial sales. He files and records 

orders, judgments, 5 5 indictments, 5 := recognizances, 155 no- 
tices of lis pendens, h probated wills, 5 inventories 
and accounts of trustees, sheriff's certificates of sale 

of real estate, 5 and warrants issued by tihe state depart- 
ment of treasury for the collection of gross income taxes. 6 

The clerk makes arrangements for the admission of feeble- 
minded persons to the Fort Wayne State School or the Muscata- 
tuck Colony, after the judge has entered an order of commi tmen t 
thereto; files coroner's inquest papers (including recogni- 

zances, written evidence, verdict, and report); receives 

money deposited in court pending the decision of the court; ' J 
and receives payments on judgments of record in his office. 



151 Acts 1817-18 (general), ch. 13, sees. 1, 2. Rev. L. 1824, ch. 79, sees, 8, 38, Acts 1891, 
ch. 194, -sec. 114. Acts 1903, ch. 10, sec. 1. Acts 1881 (Spec, Sess.), 1883; Burns 6-2205, 8-2206; 
3288. 
Acts 1879, ch. 79, sec. 7. Acts 1881 (Spec. Sess.); Burns 2-4001; Baldwin 624. 



Baldwin 3014, 3288. 
152 



153 Acts 1816-17, ch, 5, sec. 22. Acts 1817-18 (general), ch. 3, sec, 63; ch, 66, sec. 5. 
Rev. L. 1824, ch. 40, sec. 13. Acts 1825, ch. 8, see. 1. Rev. Stat. 1843, ch. 38, sec, 40, Acts 1S93; 
Burns 2-822; Baldwin 103. Acts 1881 (Spec. Sess.), 1929; Burns 2-2520, 2-2706; Baldwin 392, 421. 
Acts 1915; Burns 3-1410; Baldwin 968. 2 Rev. Stat. 1852; Burns 49-2706; Baldwin 1433. 

1 5 4 2 Rev. Stat. 1852, pt. 3, ch. 1, sec. 68 (repealed by Acta 1881 (Spec. Sess.), ch. 36. 
sec. 323). Acts 1881 (Spec. Sess.), ch. 36, sec. 99. Acts 1905; Burns 9-904; Baldwin 2126. Neal 
v. State, 214 Ind. 328, 14 N. E. (2d) 590, 15 N. E. (2d) 950 (1938). 

1 5 5 Acts 1881 (Spec. Sess.); Burns 2-3402; Baldwin 538. Acts 1905, 1927, 1933; Burns 9- 
723, 9-1029, 9-1042; Baldwin 2092, 2163, 2175. 2 Rev. Stat. 1852; Burns 49-2907; Baldwin 5441. 

156 Acts 1877 (Spec. Sess.), ch. 24, sees. 1, 4. Acts 1881 (Spec, Sess,); Burns 2-813 to 
2-821; Baldwin 94 to 96, 101, 102, 97, 100. Acts 1893; Burns 2-822; Baldwin 103= Acts 1905; Burns 
56-505; Baldwin 14703-1. Pfeiffer Hardware Co. v. Auburn State Bank, 104 Ind. App. 472, 8 N. 
E. (2d) 398 (1937). 

157 Domestic probate. Acts 1817-18 (general), ch. 13, sec, 2. Acts 1881 (Spec, Sess.), 
1883; Burns 6-2205; Baldwin 3014. 2 Rev. Stat. 1852; Burns 7-411; Baldwin 3385. 

Foreign probate. 2 Rev. Stat. 1852; Burns 7-415 to 7-417; Baldwin 3389 to 3391. 

158 Acts 1937; Burns, 1940 suppl., 6-2514; Baldwin, 1937 suppl., 3221-14. 

] S 9 

These certificates and assignments thereof are recorded in the lis pendens record. 

Acts 1881 (Spec. Sess.); Burns 2-3909; Baldwin 622. 

These warrants are recorded in the judgment record. Acts 1933, 1937; Burns, 1940 suppl., 

64-2613(a); Baldwin, 1937 suppl,, 15993(a). Opinions of the Attorney General of Indiana, 1938, p, 303. 

161 Acts 1939; Burns, 1940 suppl., 22-1742; Baldwin, 1939 suppl., 4227-2. 

162 2 Rev. Stat. 1852, Acts 1879 (Spec. Sess.); Burns 49-2907 to 49-2909; Baldwin 5441 to5443. 

163 Acts 1881 (Spec. Sess.); Burns 2-4711; Baldwin 1214. Acts 1905; Burns 2-4712, 9-1026; 
Baldwin 1213, 2160. 

164 Acts 1875; Eurns 49-2719; Baldwin 1438. 



CIRCUIT COURT 217 

The clerk draws up each day's proceedings at full length 
in the proper order book (which is signed by the judge); 
enters in a final record book a complete record of causes 
final ly determined; 65 and prepares and cer ti f ies transcr ipts 
of proceedings for change of venue from the county or 
for appeal to a higher court. 1 He prepares budget esti- 
mates for the circuit court; 6 makes reports to the county 
auditor and auditor of state concerning the fines imposed 
by the court and the collections thereof; makes fee reports 
to the county auditor; and pays fines and fees to the county 
treasurer . 1 6 9 

The clerk keeps the jury box containing names selected 
by the jury commissioners (the key thereto being kept by a 
jury commissioner), draws therefrom names of persons to 
serve on the grand jury aad petit jury, records their names 
in the order book, and issues a venire to require such per- 
sons to appear in court. 70 

Under authority of the Federal laws the clerk files 
naturalization declarations and certificates; keeps a record 
of naturalization proceedings; and makes reports thereof to 
the United States Immigration and Natural ization Service . l 7 1 



165 Acts 1816-17, ch. S, sec. 3. Acts 1817-18 (general), ch. 3, sees. 62, 63; ch. 66, sec. 5. 
Rev. L. 1824, ch. 10, sec. 1; ch. 74, sec. 54. Rev. Stat. 1843, ch. 38, sees. 40, 52. 2 Rev. Stat. 1852, 
Acts 1885. 1933; Burns 4-324; Baldwin 1413. 2 Rev. Stat. 1852; Burns 49-2706; Baldwin 1433. 

166 Acts 1818-19, ch. 3, sec. 4. Acts 1881 (Spec. Sess.); Burns 2-1406; Baldwin 191. Acts 
1905; Burns 9-1305; Baldwin 2226. Sun Publishing Co. v. Bonifas, 106 Ind. App. 607, 19 N. E. (2d) 
879 (1939). 

Fees on change of venue, and record thereof. Acts 1913, ch. 256, sec. 2. Acts 1927; Burns 
2-1421; Baldwin 203. Opinions of the Attorney General of Indiana, 1934, p. 128. 

167 Acts 1903, 1915; Burns 2-3104; Baldwin 462, Acts 1881 (Spec. Sess.); Burns 2-3105; 
Baldwin 455. Acts 1903, 1933; Burns 2-3112; Baldwin 466. 

168 Acta 1899; Burns 26-516; Baldwin 5380, 

169 Acts 1895, 1903, 1913; Burns 49-1402; Baldwin 7577. 2 Rev. Stat. 1852. Acts 1891; Burns 
49-2710; Baldwin 1437. Acts 1909; Burns 60-214; Baldwin 13865. 

170 Acts 1817-18 (general), ch. 48, sees. 2, 3. Rev. L. 1824, ch. 56, sees. 1-3. Rev. L. 
1831, ch. 53, sees. 1. 2. Acts 1881 (Spec. Sess.), 1939; Burns, 1940 suppl., 4-3304; Baldwin, 1939 
suppl., 1267. Acts 1881 (Spec. Sess.), 1895, 1913; Burns 4-3305, 4-3306; Baldwin 1272, 1270. 

Failure to empty the jury box at beginning of year held not ground for reversal of man- 
slaughter conviction. Crickmore y. State, 213 Ind. 586, 12 N. E. (2d) 266 (1938). 

Objection to irrgularities in the selection, impaneling, or swearing of grand jury should 
be raised by plea in abatement. Johnson v. State, 213 Ind. 659, 14 N. E. (2d) 96 (1938), 

1 7 1 U. S. C, title 8, sees. 357, 400 (laws of 1906, 1911, 1913). U. S. Executive Order 
(June 10, 1933) 6166, sec. 14. Acts 1933, 1937; Burns, 1940 suppl., 49-1007; Baldwin, 1937 suppl., 7537. 



218 TIPPECANOE COUNTY (110-111] 

Formerly the clerk issued certificates showing di scharge 
of apprentices by the court; 7 recorded prison bounds; 7 
and made reports to the board of commissioners concerning 
fines imposed by the circuit court and collections thereof. 7 

The state board of accounts has prescribed forms for 
the following records: Entry and issue docket and fee book; 
estate entry claim and allowance docket and fee book; guard- 
ianship docket and fee book; suppor t doeke t ; index and record 

1 7 S 

of receiverships; and judgment docket. 

CIVIL CAUSES 



FILING OF ACTIONS 

110. ENTRY, ISSUE DOCKET & FEE BOOK, 1913 -. 15 vols. 
(40-54). 

Reeord of filing of actions, causes set for trial, and fees 
and costs assessed in civil causes, showing nature and num- 
ber of cause; dates of filing, sheriff's return, proceedings, 
and collection and disbursement of fees and costs; names of 
plaintiff, defendant, payer, and payee; amount and nature 
of fees and costs; disposition of cause; and volume and page 
reference to Order Book, [Ci-vi 1], . tntry 134. This is a com- 
bination of two records formerly kept separately: Entry 
Book, entry 111; and Fee Book, Civil, entry 153. Also con- 
tains: Fee Book, Criminal, 1916-20, entry 162. Arr. num. 
by cause no?. Indexed alph. by names of plaintiffs and de- 
fendants. Hdw. 239 pp. 18 x 12 x 3. Clk. off. 

111. Entry BOOK, 1879-1912. 5 vols. (1=5). 1913- in 
Entry, Issue Docket & Fee Book, entry 110. 

Record of filing of actions and causes set for trial in civil 
causes, showing dates of filing, issuing process, court term, 
sheriff's return, proceedings, and judgment; nature and num- 
ber of cause; names of plaintiff, defendant, and attorneys; 
and amounts of judgment, costs, and fees. Also contains: 



172 Acts 1317-13 (general), ch. 51, sec. 2. Rev. L. 1824, ch. 3, sec. 2. Rev. L. 1831, ch. 
4, sec. 2. 

173 Acts 1817-18 (general), ch. 32, sec. \. Rev. L. 1824, ch. 77, sec. 1. Rev. L. 1831, ch. 
75, sec. 1. 

174 Acts 1821-22, ch. 79, sec. 3. Rev. L. 1824, ch. 22, sec. 9. Acts 1827-23, ch. 88, sec. 2. 
Rev. L. 1831, ch. 54, sec. 14; ch. 90, sec. 4. Rev. Stat. 1843, ch. 13, sees. 80-83, 1 Rev. Stat. 1852, 

ch. 92. 

17 5 

Acts 1909; Burns 60-202; Baldwin 13S55. Information obtained from E. P. Brennan, 

state examiner, on May 18, 1939, by W. Davis Hamilton. 



(112-116) CIRCUIT COURT 219 

Entry Book [Criminal], entry 155. Arr. chron. by dates of 
filing. Indexed alph. by names of plaintiffs and defendants. 
Hdw, 318 pp. 18 x 12 x 3. Attic stor. rm. 

Original Documents 

112. CIVIL [Causes], 1826-. 796 f. b. (1-568, 630-857). 
Also 1826— in [Clerk's Miscellaneous Papers], en- 
try 58. 

Original documents filed in civil causes, including com- 
plaints, summons, answers, denials, transcripts, subpoenas, 
notices of appeal, verdicts and demurrers^ showing dates of 
document and filing; nature and number of cause; names of 
plaintiff, defendant, witnesses, and attorneys: and action 
taken. Also contains: [Petition for Adoptions], 1826-56, 
1911 - , entry 115; [Apprentice Indentures], 1885—, entry 116; 
Insanity [Causes], 1925-, entry 118; [Orders for Sales], 1826- 
67, entry 147; Criminal [Causes], 1894-1912, entry 156; [Ha- 
beas Corpus], 1894-1912, entry 161; [Admission to Bar], 1826- 
93, entry 211; [Summons], 1826-80, entry 214; [Depositions], 
1877-1914, entry 220; and [Citations], 1826-82., 1889—, entry 
225. Arr, num. by cause nos. For indexes, see entries 59, 
113= Hdw. 1826-92; hdw. and typed, 1898". 568 f, b., 6 x 
4 x 12; 228 f. b., 11 x 5 x 15. Clk. rec. rm. 

113. Civil Index, 1826—. 2 vols, (1, 2). 

Index to Civil [Causes], entry 112, showing nameg of plain- 
tiff and defendant, cause number* and file box reference. 
Arr. alph. by names of plaintiffs and defendants. Hdw. 
600 pp. 18 x 12 x 3. Clk. rec. rm. 

114. [Justice of Peace Transcripts], 1836- . In [Clerk's 
Miscellaneous Papers], entry 58. 

Transcripts of causes appealed from justice of ptace courts, 
showing dates of transcript and filing; cause number; names 
of plaintiff, defendant, justice, and township; nature of 
action; and court decree. 

115. [PETITIONS FOR Adoption], 1857-1910. In [Clerk's 
Miscellaneous Papers], entry 58. 1826-56 ,' 1911- 
in Civil [Causes], entry 112. 

Petitions for adoption of children, showing dates of petition 
and filing, term of court, name of petitioner, name and age 
of child, and nature and conditions of petition. 

116. [Apprentice Indentures] , 1835-84, In [Clerk's Miscel- 
laneous Papers], entry 58, 1885— in Civi 1 [Causes], 
entry 112. 

Indentures of apprenticeship, showing dates of indenture and 



220 TIPPECANOE COUNTY (117-121) 

filing; names of apprent i ce , mas ter , and parent or guardian; 
nature of indenture; and notarization. 

CORONER'S INQUESTS 

117. CORONER'S INQUESTS, 1861—. 97 f. b. (numbered 
irregularly) . 

Coroner's reports on inquests held to establish cause of 
violent, accidental and sudden deaths , showing dates of death, 
inquest, findings, and filing; name, age, sex, color, height, 
and weight of deceased; names and testimonies of witnesses; 
and coroner's findings. Arr. chron. by dates of filing. For 
index, see entry 59. Hdw. and typed. 75 f. b., 6 x 4 x 12; 
22 f. b., 11 x 5 x 14. Clk. rec. rm. 

INSANITY, FEEBLE -MINDEDNESS AND HOSPITALIZATION 

118. INSANITY [Causes], 1831-1924. 23 f. b. 1827-30 in 
[Clerk's Miscellaneous Papers], entry 58; 1925- in 
Civil [Causes], entry 112. 

Original documents filed in causes of alleged insanity, show- 
ing information as in entry 119. Arr. chron. by dates of 
filing. For index, see entry 59. Hdw. and typed. 13 f.b., 
6 x 4 x 12; 10 f. b., 11 x 5 x 14. Clk. rec. rm. 

119. INSANE RECORD, 1849-1928. 9 vols. (1-9). 1929- 
in Order Book [Civil], entry 134. 

Record of inquests and proceedings in causes of alleged in- 
sanity, showing dates of application, filing, inquest, com- 
mitment, and discharge or death; name, age, sex, and color 
of patient; names of examining physicians, witnesses, and 
institution; physician's report; court order for commitment; 
and sheriff's return. Arr. chron. by dates of filing. In- 
dexed alph. by names of patients; for separate index, 1927- 
28, spe entry 120. Hdw. 576 pp. 18 x 12 x 3. Clk. rec. rm. 
For original documents, see entry 118. 

120. Index to Insanity causes, 1927—. 1 vol. 

Index to Insanity Causes in Civil [Causes], entry 112; Insane 
Record, 1927-28, entry 119; and insane causes in Order Bock 
[Civil], 1929—, entry 134, showing date of instrument or fil- 
ing, names of patient and court, cause number, volume and 
page reference to recording, and file box reference. Arr. alph. 
by names of patients. Hdw. 150 pp. 18 x 8 x y 2 . Clk. off. 

121. INSANE RE-COMMITTAL RECORD, Apr. 7, 19 11-. 1 vol. (8). 
Record of recommittals of insane persons to state institu- 
tions, showing dates of physician's statement, previous ad- 
mission, discharge, and recommitment; name and address of 



(122-125) CIRCUIT COURT 221 

patient; names of physician and institution; cause number; 
and proceedings. Arr. chron. by dates of recommittals. 
Indexed alph. bynames of patients. Hdw. 415 pp. IS x 12 x 
3. Clk. rec. rm. 

122. FEEBLE-MINDED, 1S23~. 1 f. b. (6). 

Original documents filed in causes of feeble -mindedness, 
including summons, warrants for arrest, proceedings to re- 
commit, receipts of admission, and notices of discharge or 
death, showing dates of document and filing; names of pa- 
tient, examining physician, witnesses, and institution; cause 
number; order of commitment; amount of fees and costs; and 
institution's receipt for patient. Arr. chron. by dates of 
filing. No' index. Hdw. 11 x 5 x 4. Clk. rec. rm, 

123. Admission to Riley Hospital, 1925- . 1 f. b. 
Original documents for admittance of children to Riley Hos- 
pital, including petitions, reports, court orders and receipts, 
showing dates of document and filing; name, age, sex, color, 
mature of illness or deformity, and case history of child; 
names, addresses, and financial status of parents; recommen- 
dation of county department of public welfare; court orders 
for admission and delivery; and hospital superintendent's 
receipt of admission. Arr. chron. by dates of filing. For 
index, see entry 59. Hdw. 11 x 5 x 14. Clk. rec, rm. 

124. Riley Hospital Record, 1928—. 1 vol. 1925-27 in 
Order Book, entry 205. 

Record of petitions and orders for admittance of -children 
to Riley Hospital, showing dates of petition, filing, and 
court order; nam.es of child, petitioner, parents or guardian, 
and official or person designated to deliver child to hospital; 
address of petitioner and parents ©r guardian; and relationship 
of petitioner to child. Arr. chron. by dates of petitions. 
Indexed alph. bynames of children. Hdw., 315 pp. 18 x 12 x 
2. Cir. et. off, 

NATURALIZATION 

12 5. [NATURALIZATION Papers] ,1831-1906. 22 f. b. (1-22). 
Contains : 

i. Declaration of intention to become a citizen, 
showing information as in entry 127-i. 

For subsequent records, see entry 127-i i. 

ii. Petitions for naturalization, showing dates of 

petition, affidavit, and court order; name, age, 

address, occupation, color, sex, nationality, 

and marital status of applicant; dates and ports 



222 TIPPECANOE COUNTY (127-128) 

of emigration and immigration; and names of 

wi tnesses . 

For subsequent records, see entry 128. 
Arr. chron. by dates of filing. For index, see entry 126. 
Hdw. 6 x 4 x 12. Clk. rec. rm. 

126. Index to Naturalization, 1831-1906. 1 vol. 

Index to [Naturalization Papers], entry 125, showing date of 
instrument, name and nationality of alien, and file box ref- 
erence. Arr. alph. by names of aliens. Hdw. 600 pp. 18 x 
12 x 3. Clk. rec. rm. 

127. Declaration of Intention , 1888-. 6 vols. ( l , 1 = 4; 
1 vol. unlabeled). Title varies: Alien Record, 
1888-1905, 1 vol. 1842-87 in Order Book, [Civil], 
entry 134. 

Contains : 

i. Record of declaration of intention to become U. S. 
citizens, 1888-1905, showing date of declaration; 
name, address, occupation, sex, race, nationality, 
date and place of birth, marital status, physical 
description, and last foreign residence of alien; 
name and place and date of birth of alien's wife; 
dates and places of marriage and arrival in U. S. ; 
dates and places of birth of children; name of 
vessel; and declaration, court serial, and cer= 
tificate of arrival numbers. 
ii. Original declarations of intention to become U. S. 
citizens, pasted in volume, 1906—, showing in- 
formation as in paragraph i. 

For prior records, see entry 125-i. 

Arr. num. by aerial nos. Indexed alph. by names of aliens. 

Hdw. 250 pp. 12 x 9 x 1%. 5 vols., 1888-1929, clk. rec. 

rm. ; 1 vol . , 1930-, clk. off . 

128. PETITION AND RECORD, 1906~. 9 vols. (1-9). 
Record of petitions for naturalization, affidavits of witnes- 
ses and oaths of allegiance, showing date and number of pe- 
tition; name, address, occupation, sex, marital status, and 
race of petitioner; dates and places of birth and addresses 
of children; names of native country, port of emigration, 
sailing vessel, and port of entry; last foreign address; dates 
of departure and arrival; length of residence in country; 
oath of allegiance to United States; renunciation of foreign 
alliance; names and addresses of witnesses; cause and cer- 
tificate of arrival numbers; and court order. Arr. num. by 
petition nos. Indexed alph. by names of petitioners. Hdw. 



(129-133) CIRCUIT COURT 223 

200 pp. 18 x 12 x iy 2 . 7 vols., 1906-Apr. 8, 1930, elk. rec 
rm.; 2 vols., Apr. 18, 1930~, elk. off. 
For prior records, see entry 125-ii. 

129. CERTIFICATES OF NATURALIZATION, 190 7- . 12 vols., 1 

bdl. 
Stubs of naturalization certificates, showing dates of dec- 
laration of intention, petition, and certificate; petition 
and certificate numbers; and name of alien. Arr. num. by 
certificate nos. No index. Hdw. Vols., 50 pp. 9 x 5 x Y 2 \ 
bdl., 9x5x6. 12 vols., 1907-Apr. 20, 1926, elk. ree. rm.; 
1 bdl., Apr. 21, 1S26-, elk. off. 

130. Order Book, 1930-. 1 vol. 

Record of citizenships granted or denied, showing date of 
order; name, age, and address of petitioner; order granting 
or denying citizenship; action of court on petitioner's prayer 
for change of name; reason for denial; and petition number. 
Arr. chron. by dates of court orders. No index. Typed. 
50 pp. 10 x 9 x %. Clk. off. 

RECEIVERSHIPS 

131. RECEIVERSHIPS, 19 12— . 1 Vol. 

Record of receivership and assignment causes, showing cause 
number; dates of filing, sheriff's return, and proceedings; 
names of receivership, receiver, assignors, assignees, and 
claimants; inventory and appraised valuation of property; 
and amounts of assets, liabilities, claims, and allowances. 
Arr. chron. by dates of filing. No index. Hdw. 578 pp. 
16 x 12 x 3, Clk. off. 

132. [RECEIVER BONDS], 1901~. In [Clerk's Miscellaneous 
Papers], entry 58. 

Bonds posted by receivers in insolvency causes , showing dates 
of bond and filing, amount and conditions of bond, and names 
of receiver and sureties. 

MINUTES 

133. BENCH DOCKET CIVIL, 1839-42, 1848-. 54 vols. (1 
vol. unlabeled; 1-58), 3 f. d. 

Record of actions and proceedings in civil causes, showing 
cause number; dates of filing, court term, proceedings, and 
sheriff's return; names of plaintiff, defendant, attorneys, 
and judge; nature of action; minutes of court; and volume 
and page reference to Order Book [Civil], entry 134. Arr. 
chron. by dates of court terms. No index. Hdw. Vols., 
480 pp. 18 x 12 x 3; f. d., 12 x 15 x 25. 1 vol., 1839-42, 
clk. rec. rm.; 53 vols., 1848-1908, attic stor. rm.; 3f.d., 
1909, cir. ct. off. 



224 TIPPECANOE COUNTY (134-137) 

ORDERS 

• 134. ORDER BOOK [Civil], 1827-. 123 vols. (1-5, 5, 1- 

117). 
Record of verdicts returned and judgments and orders of court 
in civil and criminal causes, showing dates of filing, pro- 
ceedings, court orders, and verdict; court term; cause num- 
ber; nature of verdict or judgment; and court order. Also 
contains: Insane Record, 1929-, entry 119; Declaration of 
Intention, 1842-87, entry 127; Record of Commissioner's Re- 
port of Partition of Real Estate, 1833-52, 1869-, entry 135; 
and Indictment Record, 1827-52, entry 158. Arr. num. by 
cause nns. Indexed alph, by names of plaintiffs and defend- 
ants, Hdw., 1827-Jnn© 21, 1917; typed, June 25, 1917—. 576 
pp. 13 x 12 x 3. 121 vols., 1827-July 10, 1935, elk. rec. rm.; 

2 vols., July 11, 193 5- , cir. ct. rm. 

13 5. RECORD OF COMMISSIONER'S REPORT OF PARTITION OF REAL 
ESTATE, 1853-68. 1 vol. (1). 1833-52, 1869- in 
Order Book [Civil], entry 134. 
Record of proceedings to partition real estate in civil 
causes, showing dates of appointment of commissioners, court 
term, and commissioners' report; names of plaintiff, defend- 
ant, and commissioners; location and description of proper ty ; 
and court proceedings. Arr. chron. by dates of eourt terms. 
Indexed alph. by names of plaintiffs and defendants. Hdw. 
600 pp. 18 x 12 x 3. Clk. rec. rm. 

JUDGMENTS (see also entries, 154-162, 244, 245) 

136. JUDGMENT DOCKET, 1827-. 23 vols. (1-23). 
Record of judgments rendered in civil and criminal causes, 
showing dates of filing, judgment, assignment, and satisfac- 
tion; names of plaintiff, defendant, judgment debtor, and 
attorneys; number and nature of cause; amounts of judgment, 
interest, and costs; and volume and page reference to Order 
Book [Civil], entry 134. Arr. chron. by dates of judgments. 
Indexed alph. by names of judgment debtors. Hdw. 235 pp. 
16 x 11 x 3. 20 vols., 1827-Mar. 20, 1923, clk. rec. rm.; 

3 vols., Mar. 21, 1923-, clk. off. 

137. JUDGMENT DOCKET, 1876-86. 3 vols. (11-13). 
Original judgment dockets that have been transcribed into 
new volumes, showing information as in entry 136. Arr. 
chron. by dates of judgments. Indexed alph. by names of 
judgment debtors. Hdw. 235 pp. 16 x 11 x 3. Attic stor. rm. 



(138-143) CIRCUIT COURT 225 

EXECUTIONS (see also entries, 197, 23 7-239, 251, 2 57, 2 63, 264). 

138. [Executions], 1840- . 64 f. b. 

Original writs of executions, showing information as in 
entry 140. Arr. chron. by dates of sheriff's returns. For 
index, 1840-93. see entry 139; 1894-, see entry 59. Hdw. 
62 f. b.. 6 x 4 x 12; 2 f. b., 11 x 5 x 14. Clk. rec. rm. 

139. index to Executions, 1840-93. 6 vols. (1-6). 
Index to [Executions], entry 138, showing date of writ; 
names of plaintiff, defendant, and court; and file box refer- 
ence. Arr. alph. by names of plaintiffs and defendants. 
Hdw. 500 pp. 18 x 12 x 3. Clk. rec. rm. 

140. Execution Docket, 1827-. 26 vols. (1, 1-24; 1 vol. 
unlabel ed) , 

Record of writs issued for execution of judgments, showing 
cause number; dates of judgment, writ, and sheriff's return; 
names of plaintiff, defendant, judgment debtor, and attorneys; 
location and description of property; and amounts of judgment, 
interest, and costs. Also contains: Execution Docket [Pro- 
bate], 1874-, entry 197. Arr. chron. by dates of writs. 
Indexed alph. by names of plaintiffs and defendants. Hdw. 
600 pp. 18 x 12 x 3. 25 vols., 1827-Oct. 22, 1915, clk. rec. 
rm.; 1 vol., Oct. 23, 1915—, clk. off. 

For origins! writ® of execution, see entry 138. 

141. PRECIPE, 1885—. 3 vols, (l vol. unlabeled; 6, 7). 
Record of orders issued by attorneys or plaintiffs to clerk 
to issue writs of executions of court decrees, showing dates 
of order, court term., and judgment; number and nature of 
cause; names of plaintiff, defendant, judgment debtor, and 
attorneys; and amount of judgment. Arr. chron. by dates of 
orders. No index. Hdw, 400 pp. 18 x 12 x 2. 2 vols., 
1885-1927, clk. rec. rm.; 1 vol., 1928~, clk. off. 

142. Order of Sale, 189 5~. 4 vols. (1-4). 
Transcripts of orders of sales of property to satisfy judg- 
ments, showing dates of judgment, order, and sheriff's re- 
turn; cause number; names of plaintiff, defendant, and pur- 
chaser; amounts of judgment, sale, and costs; and location 
and description of property. Arr. chron. by dates of orders. 
Indexed alph. by names of plaintiffs and defendants. Hdw. 
578 pp. 18 x 12 x 3. 2 vols., 1895-June 15, 1927, clk. rec. 
rm.; 2 vols., June 16, 1927—, clk. off. 

143. Transcript to Bind, 19 33-. 1 f. b. (5). 1836-1932 
in [Clerk's Miscellaneous Papers], entry 58. 

Transcripts to bind real estate on judgments rendered in 
justice of peace courts, transferred to circuit court for 



226 TIPPECANOE COUNTY (144-147) 

execution, showing dates of judgment, transcript, and filing; 
names of plaintiff, defendant, judgment debtor, township, 
and justice of peace; amounts of judgment, interest, and 
costs; and proceedings and decision of court. Arr. chron. 
by dates of filing. For index, see entry 59. Hdw. and 
typed. 11 x 5 x 14. Clk. rec. rra. 

144. Lis Pendens Record, 1877-. 5 vols. (1-5). 
Record of complaints and attachments of property to satisfy 
judgments, including: 

i. Complaints filed against owners of property sub- 
ject to levy for satisfaction of judgment, show- 
ing cause number; date of filing; names of plain- 
tiff, defendant, and attorneys; nature of com- 
plaint; and location and description of property, 
ii. Sheriff's notice of attachment of property to sat- 
isfy judgments, showing cause number, dates of 
notice and filing, names of plaintiff and defen- 
dant, and location and description of property. 

Also contains: [Sheriff's Certificates of Sale], 1910—, entry 

148; and Redemption Register, 1888—, entry 149. Arr. num. 

by cause nos. Indexed alph. by names of defendants. Hdw. 

576 pp. 18 x 12 x 3. 4 vols., 1877-Feb. 6, 1928, clk. rec. 

rm.; 1 vol., Feb. 7, 1928-, elk. off. 

145. [Notices of Attachment], 1877- . In [Clerk's Miscel- 
laneous Papers], entry 58. 

Notices of attachment or levy on property to satisfy judg- 
ments, showing dates of notice and filing, names of plain- 
tiff and defendant, cause number, and location and descrip- 
tion of property. 

146. [STAY OF EXECUTIONS], 1914-. In [Clerk's Miscellan- 
eous Papers], entry 58. 

Affidavits of recognizance for replevin bail on stay of exe- 
cution, showing date of affidavit and filing; cause number; 
names of plaintiff, defendant, and affiant; and amount and 
cash value of real estate owned by affiant. 

147. [ORDERS FOR Sales], 1826—. 1826-67 in Civil [Causes], 
entry 112; 1868— in [Clerk' s Mi seel laneous Papers] , 
entry 58. 

Orders for sale of property for satisfaction of judgments, 
showing dates of order and filing, name of property owner, 
location and description of property, amount of judgment, 
and sheriff's return. 



(148-152) CIRCUIT COURT 227 

148. [Sheriff's Certificates of Sales], 188 9-, 1889-1909 
in [Clerk' s Miscel laneous Papers] , entry 58. 1910— 
in Lis Pendens Record, entry 144. 

Certificates of sale issued to purchasers of property sold to 
satisfy judgments, showing dates of judgment , sale, and filing; 
cause number; names of plaintiff, defendant, and purchaser; 
amounts of judgment, interest, costs, and sale; and location 
and description of property. 

149. Redemption Register, 1880-81, 1887. 1 vol. 1888- 
in Lis Pendens Record, entry 144. 

Record of certificates of redemption of property sold to 
satisfy judgments , show ing cause number; dates of judgment, 
sale, redemption, and certificate; names of plaintiff, defend- 
ant, court, and redeemer; location and description of property; 
amounts of judgment, sale, and redemption. Arr. chron. by 
dates of redemptions. Indexed alph. by names of plaintiffs 
and defendants. Hdw. 463 pp. 18 x 12 x 3. Clk. rec. rm. 

COMPLETE TRANSCRIPTS 

150. FINAL RECORD [Civil], 1827-. 63 vols. (1-63). 
Complete transcripts of actions and proceedings in civil 
causes, showing dates of transcript, trial, issuance of sum- 
mons, and return; number and nature of cause; names of 
plaintiff, defendant, and attorneys; proceedings of court; 
anddisposition of cause. Arr, chron. by dates of transcripts. 
Indexed alph. by names of plaintiffs and defendants, 193 5—; 
for index, 1827-1934, see entry 151. Hdw. 576 pp. 18 x 
12x3. Clk. rec. rm. 

151. I NDEX FINAL RECORD , 1827-1934. 2 vols. 

Index to Final Record [Civil], entry 150, showing names of 
plaintiff and defendant, and volume and page reference to 
recording. Arr. alph. by names of plaintiff s and defendants . 
Hdw. 210 pp. 16 x 8 x 2. Clk. rec. rm . 

FEE AND CASH RECORDS 

152. Support Docket, 1910—. 8 vols. (1-8). 

Record of money received and disbursed for support and ali- 
mony, showing dates of court order, receipt, and disburse- 
ment; title and number of cause; amounts of receipts and 
disbursements; and names of payer and payee. Arr. chron. 
by dates of court orders, thereunder chron. by dates of re- 
ceipts. Indexed alph. by names of payers and payees. Hdw. 
40 pp. 16 x 12 x 2. Clk. of f. 



228 TIPPECANOE COUNTY (153-156) 

153. FEE BOOK, CIVIL, 1838-1913. 32 vols. (1 vol. un- 
labeled; 7-33,35-38). 1913-in Entry Docket & Fee 
Book, entry 110. 

Record of fees and costg asiessed in civil causes, showing 
nature and number of cause; names of plaintiff, defendant, 
payer, and payee; itemized list of fees and costs; and date 
and amount of collection. Also contains: Fee Book, Crim- 
inal, 1838-66, 1884-94, entry 162. Arr. num. by cause nos. 
Indexed alph. by names of plaintiffs and defendants. Hdw. 
574 pp. 18 x 12 x 3. 1 vol., 1838-41, attic stor. rm.; 31 
vols., 1842-1913, elk. rec. rm. 

CRIMINAL CAUSES 
(See also entries, 136, 137, 244, 245). 

FILING OF ACTIONS 

154. CRIMINAL FEE BOOK, Apr. 1921-. 2 vols. (1, 2). 
Record of filing of actions, causes set for trial, and fees 
and costs assessed, showing nature and number of cause; dates 
of filing, sheriff's return, proceedings, and collection and 
disbursement of fees and costs; names of plaint i f f , defendant , 
payer, and payee; amount and nature of fees and costs; dis- 
position of cause; and volume and page reference to Order 
Book [Civil], entry 134. This is a combination ®f two rec- 
ords formerly kept separately: Entry Book [Criminal] ,. entry 
155; and Fee Book, Criminal, entry 162. Arr. chron. by 
dates of filing. Indexed alph. by names of defendants. 
Hdw. 600 pp. 18 x 12 x 3. Clk. off. 

155. ENTRY BOOK [Criminal], 1913-Mar. 1921. 2 vols. 
(6, 7). 1879-1912 in Entry Book, entry 111; Apr. 
1921— in Criminal Fee Book, entry 154. 

Record of filing of actions and causes set for trial, show- 
ing dates of filing, issuing process, court term, sheriff's 
return, proceedings, and judgment; nature and number of cause; 
names of plaintiff, defendant, and attorneys; amounts of 
costs and fees, and disposition of eause. Arr. chron. by 
dates of filing. Indexed alph. by names of defendants . Hdw. 
318 pp. 18 x 12 x 8. Attic stor. rm. 

ORIGINAL DOCUMENTS 

156. CRIMINAL [Causes], 1827-93, 1913-. 167 f. b. (num- 
bered irregularly). 1894-1912 in Civil [Causes], 
entry 112; also 1869-80, 1915- in [Clerk's Miscel- 
laneous Papers], entry 58. 

Original documents filed in criminal causes, including affi- 



(157-160) CIRCUIT COURT 229 

davits, indictments, warrants, writs, subpoenas, answers, 
denials, and recognizance bonds, showing dates of documents 
and filing, nature and number of cause, and names of defen- 
dant and attorneys. Also contains: [Habeas Corpus], 1913—, 
entry 161; and [Summons], 1828-80, entry 214. Arr. num. by 
cause nos. For indexes, see entries 59, 157. Hdw., 1827- 
93; hdw. and typed, 1913-. 154 f. b., 6 x 4 x 12; 13 f. b., 

11 x 5 x 14. Clk. rec. rm. 

157. Criminal Index, 1827- . 1 vol. (1). 

Index to Criminal [Causes], 1827-93, 1913— , entry 156; crim- 
inal causes in Civil [Causes], 1894-1912, entry 112; and 
[Juvenile Court Papers], 1907—, entry 204, showing date of 
filing, name of defendant, and file box reference. Arr. 
alph. by names of defendants. Hdw. 600 pp. 18 x 12 x 3. 
Clk. rec. rm. 

INDICTMENTS 

158. INDICTMENT RECORD, 1852". 11 vols. (1-11). 1827- 
52 in Order Book [Civil], entry 134. 

Record of grand jury indictments, showing dates of indict- 
ment, filing, and recording; date and nature of alleged of- 
fense; cause number; and names of defendant aad witnesses. 
Arr. chron. by -dates of indictments. Indexed alph- by names 
of defendants. Hdw., 1853-1912; typed, 1913—. 380 pp. 18 x 

12 x 3. 10 vols., 1853-1927, clk. rec. rm.; 1 vol. 1928-, 
clk. ©ff. 

159. [GRAND JURY] RECORD, 1888-90, 1900-1903. 2 vols. 
Record of grand jury proceedings, showing date of proceed- 
ings; names of defendant, witnesses, and jurors; statements 
of witnesses; and action taken. Arr. chron. by dates of 
proceedings. Indexed alph. by names of defendants. Hdw. 
580 pp. 16 x 12 x 2%. 1 vol., 1888-90, clk. off.; 1 vol., 
1900-1903, clk„ rec, rm . 

BONDS AND WRITS 

160. RECOG[nizance] BONDS, 1922-, If. b. 1883-1921 in 
[Clerk's Miscellaneous Papers], entry 58. 

Original bonds posted by defendant® in criminal causes, 
showing dates of bond, filing, and approval; names of plain- 
tiff, defendant, and sureties; amount and conditions of bond; 
cause number; and nature of charge. Arr. chron. by dates 
of bonds. For index, see entry 59. Typed. 11 x 5 x 14. 
Clk. off. 



230 TIPPECANOE COUNTY (161-164) 

161. [Habeas CORPUS], 1827-. 1827-93 in [Clerk' s Miscel- 
laneous Papers], entry 58. 1894-1912 in Civil 
[Causes], entry 112; 1913— in Criminal [Causes], 
entry 156. 

Habeas corpus writs, showing dates of writ, appearance, and 
filing; name of defendant; nature of action; and sheriff's 
return. 

FEE AND CASH RECORDS 

162. Fee Book, Criminal. 1867-83, 1895-1915. 3 vols. 
(1, 2, 34). 1838-66, 1884-94 in Fee Book, Civil, 
entry 153; 1916-20 in Entry, Issue Docket & Fee 
Book, entry 110; 1921- in Criminal Fee Book, en- 
try 154. 

Record of fees and costs assessed in criminal causes, show- 
ing nature and number of cause; names of defendant, payer, 
and payee, itemized list of fees and costs; and date and 
amount of collection. Arr. num. by cause nos. Indexed 
alph. by names of defendants. Hdw. 568 pp. 18 x 12 x 3. 
Clk. rec. rm. 

PROBATE CAUSES 

FILING OF ACTIONS 

163. ESTATE, ENTRY, CLAIM AND ALLOWANCE DOCKET AND FEE 

BOOK, 1913-. 16 vols. (19-34). 
Record of filing of actions, claims and allowances, and fees 
assessed in estate causes, showing cause number; dates of de- 
cedent's death and letter of administration; names of decedent, 
administrator or executor, sureties, and claimants; amounts of 
administrator's or executor's bond, inventory, claim, and allow- 
ance; number and nature of claim; and amount of fees. This 
is a combination of two records formerly kept separately: Ap- 
pearance Docket, entry 164; and Fee Book, Decedent' s Estate , 
entry 202. Arr. num. by cause nos. Indexed alph. by names 
of decedents. Hdw. 576 pp. 18 x 15 x3. 10 vols . , 1913-Feb . 
1931, clk. rec. rm.; 6 vols., May 1931-, clk. off. 

164. APPEARANCE DOCKET, 1835-1912. 18 vols (1-18). 
1913- in Estate, Entry, Claim and Allowance Doc- 
ket and Fee Book, entry 163. 

Record of filing of actions and allowance of claims in estate 
causes, showing dates of filing, claim, allowance, adminis- 
trator's or executor's report, and settlement; cause and 
claim numbers; names of estates, administrator or executor, 



(165-168) CIRCUIT COURT 231 

and claimant; and amounts of claim and allowance. Ait. 
ckoa. by dates of f i 1 ing. Indexed & 1 ph . bynames of estates. 
Hdw. 576 pp. 18 x 15 x 3. Clk. rec. rm. 

16 5. Guardianship Docket and Fee book, 1913-. 4 vols. 
(15-18). 
Record of actions filed and fees assessed in guardianship 
causes, showing cause number; dates of filing and appoint- 
ment of guardian; names of ward, guardian, and sureties; 
amount of guardian's bond; and nature and amount of fees. 
This is a combination of two records formerly kept sepa- 
rately: Guardian's Docket, entry 166; and Guardian's Fee 
Book, entry 203. Arr. chron. by dates of filing. Indexed 
alph. by names of guardians. Hdw. 574 pp. 18 x 12 x 3. 
Clk. off. 

166. Guardianship Docket, 1830-1912. 4 vols. (1, 21, 3, 
4). 1913- in Guardianship Docket and Fee Book, 
entry 165 . 

Record of filing of actions in guardianship causes, showing 
cause number; dates of filing, letters of guardianship, bond, 
proceedings, and guardian's reports and settlement; names of 
ward, guardian, and. sureties; amount of guardian's bond; and 
volume and page reference to Order Book, Probate entry 193- 
Arr, num. by cause nos. Indexed alph. by names of wards 
and guardians.- Hdw. 576 pp. 18 x 12 x 3. Clk. rec. rm. 

ORIGINAL DOCUMENTS 

167. PROBATE [Causes], 1826-. 1,066 f. b. (1-1,066). 
Also 1826-53, 1889- in [Clerk's Miscellaneous 
Papers'], entry 58. 

Or i ginal documents in estate and guardianship causes, includ- 
ing letters ©f administration and guardianship, administra- 
tors', executors', and guardians' bonds., inventories of prop- 
erty, orders determining value of estate, petitions to sell 
property, reports of sales, copies of wills, claims, receipts 
for claims, and expenses paid, and final reports, showing 
dates of letter and filing; cause number; and names of es- 
tate, ward, administrator or executor, and guardian. Also 
contains: [Claims], 1826-53, 1889-, entry 177; and Sale 
[Real] E[state] Bonds, 1853-1909, entry 186. Arr. num. by 
cause nos. No index, 1825-84; for index, 1853-73, 1885—. 
see entry 168. Hdw., 1826-1900; hdw. and typed, 1901- . 641 
f. b., 6 x 4 x 12; 425 f. b., 11 x 5 x 14. Clk. rec. rm. 

168. PROBATE INDEX, 1853-73. 4 vols. 

Index to Probate [Causes], entry 167, showing names of estate 



232 TIPPECANOE COUNTY (169-173) 

and administrator or executor, or guardianship and guardian, 
cau.se number, and file box reference. Arr. alph. by names 
of estates and administrators or executors, or guardianships 
and guardian. Hdw. 800 pp. 18 x 12 x 3. Clk. rec. rm. 

169. EST[ate Causes Pending], 1920-. 18 f. b. 
Original documents in estate causes, including copies of let- 
ters of administration, administrators 1 bonds, inventories 
of property, claims, receipts for allowances and expenses, 
petitions to sell property, partial reports, reports of sales, 
and copies of wills, showing cause number, dates of filing 
and letters of administration, and names of estate and admin- 
istrator or executor. Arr. num. by cause nos. For index, 
see entry 170. Hdw. and typed. 11 x 5 x 14. Clk. off. 

170. Reference Docket, Cases Pending, 1920- . 1 vol. 
Index to Est[ate Causes Pending], entry 169, showing names 
of estate and administrator or executor, volume and page 
reference to Estate, Entry, Claim and Allowance Docket and 
Fee Book, 192 5—, entry 163, and file box reference. Arr. 
alph. by names of estates and administrators or executors. 
Hdw. 150 pp. 18 x 12 x 1. Clk. off. 

171. GUARDIAN[ship Causes Pending], 1933—. 16 f. b. 
Original documents in guardianship causes, including petition 
for appointment of guardian, letters of guardianship, guar- 
dians' bonds, inventories of property, petitions to sell prop- 
erty, guardians' reports, claims, and receipts for claims 
and expenses paid, showing dates of filing and appointment 
of guardian; names of wards, guardian, and sureties; and 
cause number. Arr. num. by cause nos. No index. Hdw. and 
typed. 11 x 5 x 14. Clk. off. 

172. TRUST[eeship Causes Pending], 1926—. 9 f. b. 
Original documents in trusteeship causes, including appoint- 
ment of trustee, trustee's bond, inventory of property, claims, 
receipts for expenses and claims paid, and reports, showing 
dates of filing and appointment of trustee, names of estate 
and trustee, and cause number, Arr. num. by cause nos. No 
index. Hdw. and typed. 11 x 5 x 14. Clk. off. 

WILLS AND PARTITIONS 

173. Index to Will Record, 1827-. 1 vol. 

Index to wills in [Clerk's Miscellaneous Papers], entry 58; 
and [Wills], entry 174, showing date of filing, name of tes- 
tator, and file box reference. Arr. alpb. by name* of tes- 
tators. Hdw. 600 pp. 18 x 12 x 3. Clk. rec. rm. 



(174-178) CIRCUIT COURT 233 

174. [Wills], 1830-. 39 f. b. (labeled irregularly). 
1827-29 in [Clerk's Miscellaneous Papers], entry 
58. 

Original wills filed for probate, showing information as in 
entry 175. Arr. chron. by dates of filing, 1830-1937; arr. 
alph. by names of testators, 1938~, For indexes, see en- 
tries 59, 173. Hdw., 1830-1906; typed, 1907-. 13 f. b., 
6 x 4 x 12; 26 f. b., 11 x 5 x 14. 36 f. b., 1830-1937, elk. 
rec. rm.j 3 f. b., 1938~, elk. off. 

175. Will Record, 1828- . 18 vols. (1, 2, 2-17). 
Transcripts of wills filed for probate, showing dates of 
will and filing; names of testator, heirs or beneficiaries, 
witnesses, and executor; and amounts, nature, and conditions 
of bequests. Arr. chron. by dates of filing. Indexed alph. 
by names of testators. Hdw., 1828-Mar. 1, 1910; typed, Mar. 
4, 1910-. 576 pp. 18 x 12 x 3. 17 vols., 1828-May20, 1935, 
elk. rec. rm.; 1 vol., May 23, 1935-, elk. off. 

For original wills, see entries 9 5-iv, 174; for other 
will records, see entry 76. 

176. RECORD OF COMMISSIONERS REPORT OF PARTITION OF REAL 

ESTATE, 1853-69. 1 vol. 1830-52, 1870- in Order 

Book, Probate, entry 19 3. 
Record of proceedings to partition real estate in probate 
causes, showing dates of court term, petition, and filing; 
names of estate, administrator, and heirs; location, descrip- 
tion, and appraised valuation of property; cause number; 
and court order. Arr. chron. by dates of court terms. 
Indexed alph. by names of plaintiffs. Hdw. 600 pp. 18 x 
12 x 3. Clk. rec. rm. 

CLAIMS 

177. [CLAIMS], 1826- . 1826-53, 1889- in Probate Causes, 
entry 167,* 1854-88 in [Clerk's Miscellaneous Papers], 
entry 58. 

Claims filed against estates, showing dates of claim and 
filing, name of claimant, and amount and nature of claim. 

BONDS 

178. Index to Administrators' and Executors' Bonds, 1827- 
1916. 1 vol. 

Index to admini strat©rs ' and executors' bonds and letters in 
[Clerk's Mi see 1 1 aneous Papers], 1827-69, entry 58; Adminis- 
trators' [and Executors'] Bonds [and Letters], 1870-1916, 
entry 179, showing date of filing, name of estate, and file 
box reference. Arr. alph. by names of estates. Hdw. 600 
pp. 18 x 12 x 3. Clk. ree. rm. 



234 



TIPPECANOE COUNTY 



(179-182) 



179. 



Contains 



ADMINISTRATORS' [and Executors'] BONDS [and Letters] , 
1870-. 43 f. b. (numbered irregularly). Title 
varies: Estate Bonds, 1928-37, 4 f. b. 1827-69 
in [Clerk's Miscellaneous Papers], entry 58. 



Admiu i strators' and executors' bonds, showing in- 
formation as in entry 180. 
Administrators' and executors' letters, showing in- 
formation as in entry 187. 
iij. Surviving partnership bonds, showing date, amount, 
and conditions of bond; date of filing; and names 
of deceased, surviving partners, firm, and sure- 
ties. 
Arr. chron. by dates of filing. For index, 1870-, see entry 
59; 1870-1916, see entry 178. Hdw. and typed. 25 f. b., 
6 x 4 x 12; 18 f. b., 11 x 5 x 14. 39 f. b., 1870-1919, elk. 
rec. rm.; 4 f. b., 1920-, elk. off. 

180. ADMINSTRATORS' BONDS, June 14, 1865-1922. 3 vols. 
(2-4). Discontinued. 1853-June 13, 1865 in Docket 
for Executors', Administrators' and Guardians' 
Bonds, entry 184. 

Record of trustees', administrator's and executor's bonds, 
showing date, amount, and conditions of bond; date of filing; 
and names of estate, trustee, administrator or executor, and 
sureties. Arr. chron. by dates of bonds. Indexed alph. by 
names of trustees, administrators or executors. Hdw. 576 
pp. 18 x 12 x 3. Clk. rec. rm, 

For original bonds, see entry 179- i . 

181. Index to Guardians' Bonds, 1827-71. 1 vol. 

Index te guardians' bonds and letters in [Clerk's Miscellaneous 
Papers], entry 58, showing date of filing, names of ward, and 
file box reference. Arr. alph. by names of wards. Hdw. 
18 x 12 x 3. Clk. rec. rm. 

182. GUARDIANS' BONDS [and Letters], 1872-. 21 f. b. 
1827-71 in [Clerk's Miscellaneous Papers], entry 
58. 

Guardians' bonds and letters filed, showing dates of bond, 
letter, and filing; names of estate, wards, guardian, and 
sureties; cause number; and amount and condition of bond. 
Arr. num. by cause nos. For index, see entry 59. Hdw. and 
typed. 11 x 5 x 14. 19 f. b., 1872-1929, clk. rec. rm.; 2 
f. b., 1930-. clk. off. 



(188-187) CIRCUIT COURT 235 

183. Guardians' bonds, June 14, 1365-1922. 2 vols. (2-3). 
Discontinued. 1853- June 18, 1865 in Docket far 
Executors', Administrators' and Guardians' Bonds, 
entry 184. 

Record of guardians' bonds, showing date, amount, and condi- 
tions of bond; date of filing; and names of estate, wards, 
guardian, and sureties. A r r . c b. r o n . b y d a les o f b o n d s . In- 
dexed alph. by names of guardians. Hdw. 18 x 12 x 3. 
Clk. rec . rm . 

184. Docket for Executors', Administrators' and guardians 7 
Bonds, 18 5 3 -June 13, 1865. 1 vol. 

Record of administrators', executors', and guardians' bonds, 
showing dates of bond and filing; names of administrator, 
executor or guardian, estate, and sureties; and amount and 
conditions of bond. This Is a combination of two records 
later kept separately: Administrators' Bonds, entry 180; 
and Guardians' Bonds, entry 183,. Arr. chron. by dates of 
bonds. Indexed alph. by names of administrators, executors 
or guardians. Hdw. 60 pp. 18 x IS x 2/ Clk. re«. rm. 

185. Record of ifi:ctf . : ■:;•■;. : kv ; ;~-t. * vol. 1831- 
82, 1881- in Final Record, entry 198. 

Record of additional bonds posted by guardians, administra- 
tors, a n d ex e c u t o r ss t o sell r e a 1 e s t a t e , s h o w i n g d a t e s of 
bond and filing; names of estate and administrator, or ex- 
ecutor, or g u a r d i a. n s "b i p a n d g u a f d i a n , a n d s u r e t i e s ; a n d 
amount and conditions of bond. Arr. chron. by dates of 
bonds. Indexed alph. by names of guardians, administrators, 
or executors. Hdw. 18 x 16 x 3. Clk. rec. rm. 

186. SALE [Real] E[state] Bonds, 1917-. 1 f. b. 1853- 
1909 in Probate [Causes], entry 167; 1910-18 in 
[Clerk's Miscellaneous Papers], entry 58. 

Original bonds filed by commissioners appointed to sell 
real estate, showing date, amount, and conditions of bond; 
date of filing; and names of plaintiff, defendant, commis- 
sioner, and sureties. Arr. chron. by dates of filing. For 
index, see entry 59. Hdw. and typed. 11 x 5 x 14. Clk. ©ff. 

187. Administrators' letters, 1865-1922. 4 vols. (2-5). 
18 53-84 in Docket for Letters Testamentary Admin - 
i s t r a t i ® n and G u a r d i a n s h i p , e n t r y 189; 1 9 2 3 — in 
Order Book, Probate, entry 193. 

Record of administrators" and executors' letters of appoint- 
ment, showing dates of letters and filing, names of estate and 
administrator or executor, and certification of appointment. 
Arr. chron. by dates of filing. Indexed alph. by names of adminis- 
trators or executors . Hdw. 600 pp. 18x12x3. Clk. rec. rm. 
For original letters, see entry 1 7 9 - i i . 



236 TIPPECANOE COUNTY (188-191) 

188. Guardians' Letters. Mar. 19 , 1865-1922. 2 vols. 
(2, 3). 1853-64 in Docket for Letters Testament- 
ary Adrni&i s tration and Guardianship, entry 189. 

Record ©f guardians' 1 letters of appointment, showing dates 
of letter and filing; names of estate, guardian, and wards; 
and certification of appointment. Arr. chron. by dates of 
filing. Indexed alph. by names of guardians. Hdw. 600 pp. 
16 x 12 x 2^. Clk. rec. rm. 

189. Docket for Letters Testamentary administration and 
Guardianship, 185 3 -June 13, 1865. 1 vol. (1). 

Record of guardians', admini s tra tors ' , and executors' letters, 
showing dates of letter and filing, names of estate and ad- 
ministrator or executor ®r guardianship and guardian, and 
certification of appointment. This is a combination of two 
records later kept separately: Administrators' fetters, 
entry 187; and Guardians' Letters, entry 188. Arr. chron. 
by dates of filing. Indexed alph. by names of guardians. 
Hdw. 500 pp. 18 x 12 x 2^. Clk. rec. rm. 

inventories and sale bills 

190. Inventories and Sale Bills, 1867-96, 189 9- . 31 vols. 
(1-15, 17-32). 1830-66 in Order Book, Probate, 
entry 193. 

Record of inventories and sale bills, showing dates of inven- 
tory, appraisal, bill of sale, and receipt; cause number; 
names of decedent, appraisers, administrator or executor, 
and purchaser; description and appraised valuation of property; 
and amount and terms of sale. Arr. chron. by dates of inven- 
tories. Indexed alph. by names of decedents. Hdw. 600 
pp. 18 x 12 x 3. 29 vols., 1867-96, 1899-1930, clk- rec. 
rm.; 2 vols., 1931™, clk. off. 

MINUTES 

191. Bench Docket, 1839-, 32 vols. (1 vol. unlabeled; 
1-31), 3 f. d. 

Record of actions and proceedings in probate causes, showing 
dates of filing, court term, and proceedings; names of estate 
and administrator or executor or guardianship and guardian, 
attorneys, claimants, and heirs; and cause number. Arr. 
chron. by dates of court terms. No index. Hdw. Vols., 
550 pp. 16 x 11 x 3; f. d., 11 x 15 x 25. 1 vol., 1839-62, 
clk. rec. rm.; 31 vo 1 s . , 1863- 1 907 , atti c s tor . rm.; 3 f. d., 
1908-, judge of the cir. ct. off. 



(192-195) CIRCUIT COURT 237 

192. ESTATE DOCKET, 1865-1929. 14 vols. (1-14). 
Record of actions and proceedings in estate causes, showing 
dates of filing, court term, and proceedings; names of adminis- 
trator or executor, estate, heirs, and witnesses; cause number; 
and proceedings. Arr. num. by cause dos. Indexed alph. by 
names of estates. Hdw. 576 pp. 18 x 12 x 3 . Attic . stor . rm . 

ORDERS 

193. Order Book, Probate, 1827-. 104 vols. (1-8, 1-96). 
Title varies; Order Book, Decedents' Estates, 
1853-73, 16 vols. 

Record of actions and proceedings in ©state and guardianship 
causes, showing cause number; dates of court term, -filing, 
proceedings, and court order; names of estate and adminis- 
trator or executor, or guardianship and guardian, wards, 
sureties, and attorneys; and disposition of cause. Also 
contains: Record of Commissioner's Report of Partition of 
Real Estate, 1830-52, 1870-, entry 176; Administrators' 
Letters, 1923—, entry 187; and Inventories and Sale Bills, 
1830-66, entry 190. Arr. chron. hj dates of court terms. 
No index, 1827-52; indexed alph. by names of estate and 
administrator or executor or guardianship and guardians, 
1853-. Hdw., 1827-June 19, 1917; typed, June 25, 1917- - 
600 pp. 18 x 12 x 3. 100 vols., 1827-June 3, 1934, elk. rec. 
rm.; 4 vols., June 14, 1934-, cir. ct. rm . 

194. INHERITANCE TAX BOOK, 1913", 4 vols. (1-4). 
Record of orders determining value of estates and amount of 
tax, showing cause number; dates of death of decedent, in- 
ventory, appraisement, and filing; names of estate, appraisers, 
heirs, and administrator or executor; location, description, 
and valuation ©f property; amount of deduction for indebted- 
ness; and rate aad amount of tax. Arr. num. by cause nos . 
Indexed alph. by names of estates. Hdw. 600 pp. 18 x 12 x 
3, Judge of the cir. ct. off. 

For other inheritance tax records, see entries 91, 195, 
310, 311. 

195. INHERITANCE, 1914". 5 f. b. (21-25). 

Orders determining value of estates and amount of tax, show- 
ing dates of decedent 1 s death, notice, appraiser's report, 
court order, and filing; names of decedent, executor or ad- 
ministrator, attorney, heirs, and appraiser; cause nun&ber; 
value of estate; amount of claims and tax; and location and 
description of property. Arr. num. by cause nos. No index. 
Typed. 11 x 5 x 14. Clk. rec. rm. 

For other inheritance tax records see entries, 91, 194, 
310, 311. 



238 TIPPECANOE COUNTY (196-199) 

JUDGMENTS AND EXECUTIONS 

• 196. Judgment docket, claims, 1842-52, Sept. 18, I860-. 
6 vols. (1 vol. unlabeled; 2-6). 1853-59 in Judg- 
ment Docket [Common Pleas Court], entry 250. 
Judgments rendered for claims filed against estates, showing 
dates of judgment and satisfaction; names of judgment debtor 
and creditor; amounts of judgment, interest, and costs; num- 
ber and nature of cause; and receipt for satisfaction. Arr. 
chron. by dates of judgments. Indexed aiph. by names of 
judgment debtors. Hdw. 588 pp. 18 x 12 x 3. 1 vol., 1842- 
52, elk. rec. rm.; 4 vols., Sept. 18, 1860-Nov. 6, 1905, 
attic stor. rm.; 1 vol., Dec. 15, 1905-, elk. off. 

197. EXECUTION DOCKET [Probate], 1842-52. 1 vol. 1853- 
73 in Execution Docket, Common Pleas, entry 251; 
1874- in Execution Docket, entry 140. 
Record of executions of court decrees to satisfy judgments, 
showing dates of writs, judgment, and sheriff's return; names 
of plaintiff, defendant, attorneys, and judgment debtor; and 
amounts of judgment, interest, and costs. Arr. chron. by 
dates of writs. Indexed alph. by names of plaintiffs and de- 
fendants. Hdw. 800 pp. 17 x 12 x 2 l / 2 - Clk. rec. rm. 
For execution records, see entries, 138-149, 237, 239, 
251, 257, 263, 264. 

COMPLETE TRANSCRIPTS 

198. FINAL RECORD, 1830-. 154 vols. (I vol. unlabeled; 
1-12, 1-125, 127-133, 135-143). 

Compl ete transcr i pt s of actions and proceedings in estate and 
guardianship causes, showing dates of court term and filing; 
cause number; names of estate and administrator or executor, 
or guardianship and guardian, and attorneys; and court pro- 
ceedings. Also contains: Record of Additional Bonds, 1831- 
62, 1881—, entry 185. Arr. chron. by dates of court terms. 
No index, 1830-52; indexed alph. by names of estates and 
guardianships, 1874—; for separate index, 1853—, see entry 
199. Hdw., 1830-Feb. 17, 1904; typed, Feb. 18, 1904-. 576 
pp. 18 x 12 x 3. Clk. rec. rm. 

199. INDEX PROBATE RECORD, 1853- . 2 vols. (1; 1 vol. 
unlabe led). 

Index to Final Record, entry 198, showing date of recording; 
names of estate, administrator or executor, and heirs or 
guardianship and guardians; and volume and page reference 
to recording. Arr. alph. by names of estates or guardian- 
ships. Hdw. 300 pp. IS x 12 x 1^. Clk. rec. rm. 



(200 = 204) CIRCUIT COURT 239 

200. PROBATE FINAL RECORD PUBLICATIONS, 1922- . 3 vols. 
(126,134; 1 vol . unlabeled) . Titlevaries: Final 
Record, 1922-35, 2 vols. 

Proofs of publication of notices of estate and guardianship 
actions, showing date of notice; names of estate or guard- 
ianship, administrator, executor or guardian, heirs, and attor- 
neys; and name of publication. Arr. chron. by dates of 
notices. No index. Hdw. 640 pp. 18 x 12 x 3. 2 vols., 
1922-35, elk. rec. rm.; 1 vol., 1936-, elk. off. 

201. Docket, 1836-May 1852- 1 vol. 

Record of final reports of guardians, administrators, and 
executors, showing dates of letters of appointment, approval 
of final report, and court term; and names of estate and 
administrator or executor or guardianship and guardian. 
Arr. chron. by dates of final reports. No index. Hdw. 
500 pp. 16 x 12 x 3. Clk. rec. rm. 

FEE AND CASH RECORDS 

202.. FEE B OOK , DECEDENTS ' ESTATES , 1854-1912. 1 5 VO 1 8 . 
(1-11, 13, 16, 17, 18). 1913- in Estate, Entry, 
Claim and Allowance Docket and Fee Book, entry 
163.. 
Record of fees assessed in estate causes, showing cause num- 
ber; date, nature, and amount of fee; date and amount of 
collection; and names of estate, administrator, and payer. 
Also contains: Guardians' Fee Book, 1854-July 22, 1895, entry 
203. Arr. chron. by dates of collections. Indexed alph. by 
names of estates. Hdw. 576 pp. 18 x 11 x 3. Clk. rec. rm. 

203. Guardians' Fee Book, July 29, 1895-1912. 2 vols. 
(12, 14). 1854-July 22, 1895 in Fee Book, Dece- 
dent's Estate, entry 202; 1913- in Guardianship 
Docket and Fee Book, entry 1.65- 

Record of fees assessed in guardianship causes, showing cause 
number; date, nature, and amount of fee; date and amount of 
collection; and names of guardianship, guardian, and payer. 
Arr. chron. by dates of collections. Indexed alph. by names 
of guardianships. Hdw. 200 pp. 18 x 11 x 3. Clk. rec. rm. 

JUVENILE CAUSES 

204. [Juvenile Court Papers], 1907- . 6 f. b. (4, 670, 
675, 676, 681, 692). 

Original document* filed in juvenile causes, including affi- 
davits, warrants, subpoenas, and reports of probation officers, 



240 TIPPECANOE COUNTY (205-208) 

showing dates of document and filing, number and nature 
of cause, names of juvenile and parent* or guardian, and dis- 
position of cause. Arr. chron. by dates of filing. For in- 
dexes, see entries 59, 157. Hdw. and typed. 11 x 5 x 14. 
Clk. rec . rm. 

205. ORDER BOOK, 1907-. 2 vols. (1, 2). 

Record of actions and proceedings in juvenile causes, showing 
dates of court term, filing, and proceedings; number and 
nature of cause; names, ages, and addresses of parents and 
juvenile; names of witnesses; and di spos i t i on of cause. Also 
contains: Riley Hospital Record, 1925-27, entry 124. Arr. 
chron. by dates of court terms. Indexed alph. by names of 
juveni le defendants . Hdw. 576 pp. 18 x 12 x 3. Cir. ct. rm. 

Miscellaneous Records 

206. [OPINIONS], 182 6~. In [Clerk's Miscellaneous Papers], 
entry 58. 

Copies of supreme and appellate court opinions, showing dates 
of appeal, opinion, and filing; cause number; names of plain- 
tiff and defendant; and nature of action and opinion. For 
index, 1826-1902, see entry 207. 

207. NOTICES AND OPINIONS, 1826-1902. 1 vol. 

Index to [Opinions], entry 206, showing date of opinion, names 
of appellant asd appellee, and file box reference. Arr. alph. by 
names of appellants. Hdw. 600 pp. 18 x 12 x 3. Clk. rec. rm. 

208. [GRAND JURY Papers], 1851-78, 1915-. 3 f. b. (392, 
55, 56). 1879-1914 in [Clerk's Miscellaneous 
Papers], entry 58. 

Contains : 

i. List of names of persons drawn for jury service, 
1851-78, showing dates of court term and filing, 
and name and address of juror, 
ii. Orders issued by grand jury foreman to clerk to 
issue subpoenas, 1851-78, showing dates of order 
and filing, and names of persons to be subpoened, 
and grand jury foreman, 
iii. Reports of inspections of county jails and infirma- 
ries, showing dates of inspection and report, 
names of grand jurors, summary of conditions of 
buildings, general welfare and number of inmates 
and prisoners, comments on supervision, and 
recoramendati ons . 



(209-215) CIRCUIT COURT 241 

iv. Subpoenas issued to persons for appearance as 
witnesses before, grand jury, 191 5—, showing 
dates of issue, service, and appearance; name 

and address of witness; and cost of service. 
No obvious arrangement. For index, see entry 59. Hdw . 
and typed. 6 x 4 x 12. 1 f. b., 1851-78, attic stor. rm.; 
2 f . b. , 191 5-, elk. rec . rm. 

209. POWERS OF ATTORNEYS, 1879". 5 f. b. (3, 5-7, 40). 
Authorizations of power of attorney, showing dates of author- 
ization and filing, nam es of grantor and grantee, and nature of 
authorisation. Arr. chron. by dates of filing. For index, 
1879-91, see entry 59; 1892-, entry 210. Hdw. and typed. 
4 f. b.. 6 x 4 x 12; 1 f. b., 11 x 5 x 14. Clk. rec. rm, 

210.. I NDEX POWER OF ATTORNEY , 1 8 9 2 - . 1vol. 
Index to Powers of Attorney, entry 209, showing date of fil- 
ing, names of grantor and grantee, and file box reference. 
Arr. alph. by names of grantors and grantees. Hdw. 500 
pp. 18 x 12 x 3. Clk. rec. rm. 

211. [Admissions to Bar] , 1826-. 1826-93 in Civil [Causes], 
entry 112; 1 8 9 4- i n [Clerk's Miscellaneous P a p e r s] , 
entry 58. 

Copies of certificates of admission to bar, showing dates of 
certificate and filing; names of attorney, members of bar 
association, and chief justice; and clerk'* certification. 

212. [Bar] Members, 182 7-. 1 vol. 

Register of attorneys admitted to bar, showing date of ad- 
mittance, and name of attorney. Arr. chron. by dates of ad- 
mittance. No index. Hdw. 300 pp. 14 x 10 x lj/o. Clk. off. 

213. RECEIPTS FOR PAPERS, 1880~. 3 vols. (1 vol. un- 
labeled; 2, 3). 

Record of court documents removed from clerk's office, show- 
ing dates of removal and return; cause number; and names of 
recipient, plaintiff, and defendant, Arr. chron, by dates of 
removals. Indexed alph. by names of plaintiffs.. Hdw. 18 x 
11 x 2. Clk. rec. rm. 

214. [SUMMONS], 1826™. 1828-80 in Civil [Causes], entry 
112; 1828-80 in Criminal [Causes], entry 156; 1875- 
80 in Superior [Causes], entry 228; 1881-, in [Clerk's 
Mi Reel laneous Papers], entry 58. 

Orders to sheriff to summon jurors for jury duty, showing 
dates of order, appearance, and filing; names of jurors; and 
sheriff's return. 

215. [CHANGE OE VENUE], 18 70-. In [C 1 e r k ' s M i s ce 1 1 an® ous 
Papers] , entry 58 . 

Receipts for papers in causes venued to other counties, showing 



242 TIPPECANOE COUNTY (216-220) 

dates of receipt, venue, snd filing; cause number; names 
of plaintiff, defendant, and foreign county; and nature of 
document . 

For other change of venue records, see entries 216, 373-ix. 

216. CERTIFICATES OF COSTS ON CHANGE OF VENUE, 1891-97, 
Mar. 11, 1903-. 3 vols. Title varies: Change 
of Venue Record, 1891-97, 1 vol. 

Record of actions, proceedings, and costs in v e n u « d causes, 
showing dates of filing, trial, and disposition; names of 
plaintiff, defendant, jurors, and county; nature and number 
of causa; and itemized list of fees and costs. Arr. num, by 
cause nos. Indexed alph. by names of plaintiffs and defend- 
ants. Hdw. 284 pn. 14 x 10 x V/ 2 . 1 vol., 1891-97, elk. 
rec. rm.; 2 vols., Mar. 11, 190 3~, elk. off. 

For other change of venue records, see entries 215, 
373-ix. 

217. Appeal Bond, I913-, 1 f. b. 1870-1912 in [Clerk's 
Miscellaneous Papers], entry 58. 

Bonds posted to insure costs in causes appealed to higher 
courts, showing dates of bond and filing, names of principal 
and sureties, and amount and conditions of bond. Arr.. chron. 
by dates of filing. For index, see entry 59. Typed. 11 x 
5 x 14. Clk. off. 

218. COST BONDS, 1917-. 1 f. b. 1901-16 in [Clerk's 
Miscellaneous Papers], entry 58. 

Bonds posted to insure payment of court costs, showing dates 
of bond and filing; names of plaintiff, defendant, and sure- 
ties; &Dd amount aDd conditions of bond. Arr. chron. by dates 
of filing. For index, see entry 59. Typed. H x 5 x 14- 
Clk. off. 

219. xATTACH[ment] BONDS, 1918—. If. b. 1901-17 in 
[Clerk's Miscellanous Papers], entry 58. 

Bonds posted by plaintiffs for property attached to satisfy 
judgments, showing dates of bond, filing, and court term; 
names of plaintiff, defendant, and sureties; and amount and 
conditions of bond. Arr. chron. by dates of filing. For 
index, see entry 59. Typed. 11 x 5 x 14. Clk. off. 

220. [DEPOSITIONS]. 1915—. 7 f. b. (40, .247-250, 274, 
275). 1877-1914 in Civil [Causes], entry 112. 

Testimonies obtained from witnesses unable to appear in 
court, showing dates of testimony and filing; names of plain- 
tiff, defendant, and witness; and cause number. Arr. chron. 
by dates of filing. For index, see entry 59. Hdw. and typed. 
6x4x12. Clk. rec. rm. 



(221-225) CIRCUIT COURT 243 

221. [LIST of JURORS], 1932- . 1 f. b. 1831-60 in [Com- 
missioners 7 Papers], entry 1; 1861-79,, 1911-31 in 
[Clerk's Miscellaneous Papers], entry 58. 

List of names of persons drawn for jury service, showing 
date of court term, names and addresses of jurors, and num- 
ber of days served. A r r . cbron. by dates of court terms. 
No index. Typed. 11 x 5 x 14. Judge of the cir. ct. off. 

222. [GROSS INCOME TAX Warrants], 1934-. 1 f. b. (B3). 
Warrants issued to sheriff to levy on property of persons 
whose gross income taxes are delinquent, showing dates of 
issue, return, and filing; name and address of defendant; and 
amounts of tax, interest, penalty, damages, and remittance. 
Arr. chron. by dates of filing. For index, see entry 59. 
Hdw. and typed. 11 x 5 x 4. Clk. rec. rm . 

223. [PUBLIC WELFARE PAPERS], 1936~. 1 f. d. 

Conta ins : 

i. Certificates of appointment of members of board, 
showing dates of appointment and filing; name 
of judg.e; and names, addresses, and political 
affiliation of appointees. 
ii. Certificates of appointment of county director and 
office personnel, showing dates of appointment 
and filing, and names of appointees and members 
of board, 
iii. Copies of authorizations by board of public welfare 
to staff members to administer oaths and affirm- 
ations, showing dates of authorization, oath, and 
filing; and name and title of staff member, 
iv. Revocations of appointments, showing dates of re- 
vocation and filing, reason for revocation, and 
name of appointee. 
Arr. chron. by dates of filing. No index. Hdw. and typed. 
4 x 24 x 12. Clk. off. 

224. [FEE BILLS], 1897-1927. 5 f. b. (80, 251-254). 
Original writs of execution issued to sheriff to satisfy 
unpaid court costs and fees, showing cause number; dates 
of writ and sheriff's return; names of plaintiff, defendant, 
and judgment debtor; and itemized statement of fees and 
costs. Arr. chron. by dates of sheriff's returns. For index, 
see entry 59. Hdw. 6x4x12. Clk. rec. rm. 

225. [CITATIONS], 1826-. 1826-82, 1889- in Civil [Causes], 
entry 112; 1883-88 in [Clerk's Miscellaneous Pa- 
pers], entry 58. 

Copies of citations issued to sheriff, showing dates of ci- 
tation and filing, names of plaintiff and defendant, court 
decree, and clerk's certification. 



244 TIPPECANOE COUNTY 

VI. SUPERIOR COURT 

LEGAL STATUS 

The superior court, which has existed in Tippecanoe 
County ever sinee 1875 under the requirements of an act of 
1875, consists of one judge elected for a 4-year term by the 
voters of Tippecanoe County. The official name of the court 
is "Superior Court of Tippecanoe County," and these words 
appear on the official seal of the court.' 

The judge of the superior court is commissioned by the 
Governor of Indiana, and holds office until his successor 
is elected and qualified. 4 For 3 years next before his can- 
didacy for election, the judge must have been duly admitted 
to practice law in Indiana, and also must have practiced or 
taught law, or acted as an officer of the state or a munici- 
pality therein, during said time (the periods of practice, 
teaching, and holding office to be combined). 5 During the 
term for which he was elected, the judge cannot hold any 
office of trust or profit under the state, other than a ju- 
dicial office; 6 and, while holding the office of judge of 
the superior court, he must reside within the county, must 
not hold any other lucrative office, u and must not practice 
law.- He must take an oath that he will support the State 
and Federal Constitutions and will faithfully discharge the 
duties of his office. 10 

Statutes provide that the judge of the superior court 
shall receive a regular salary in the amount of $4,200 per 
year, payable monthly out of the state treasury, and that 
additional compensation, not exceeding $2,800 per year, pay- 
able monthly out of the county treasury, may be allowed by 



1 Acts 1875; Bums 4-1901; Baldwin 1688-1. Acts 1911; Burns 4-3221, 4-3222; Baldwin 1257 
note, 1257. 

Acts 1875; Bums 4-1902; Baldwin 1688-2. 

3 Const. 1851, art. 15, sec. 6. 1 Rev. Stat. 1852; Burns 49-201; Baldwin 13095. 

4 Const. 1851, art. 15, sec. 3. Acts 1875; Burns 4-1901; Baldwin 1688-1. Acts 1911; Burns 
Idwin 1257. 
Acts 1939; Burns, 1940 suppl., 4-3224; Baldwin, 1939 suppl., 1223-1. 



4-3222; Baldwin 1257. 

5 



Const. 1851, art. 7, sec. 16. 

7 Ibid., sec. 9. 

8 Ihid., art. 2, sec. 9. 

9 Acts 1881 (Spec. Sess.), ch. 37, sec. 114. Acts 1905; Burns 10-3101; Baldwin 2635. 

1 ° Const. 1851, art. 15, sec. 4. Acts 1905; Burns 10-3708; Baldwin 2660. 1 Rev. Stat. 1852; 
Burns 49-101; Baldwin 13054. 



SUPERIOR COURT 245 

the board of commissioners. 1 The constitution provides 
that an increase or decrease in the compensation of a judge 
cannot take effect before the expiration of the incumbent's 
term of office. 12 

If the judge be convicted, of corruption or other high 
crime, he may, on information in the name of the state, be 
removed from office by the supreme court. This is the 
only method by which he may be removed from office. 

Any vacancy in the office of judge is filled through 
appointment by the Governor. At the next biennial general 
election (held on the 1st Tuesday after the 1st Monday in 
November in the even-numbered years), a judge is elected 
for the remainder of the term in which the vacancy occurred. 
The person appointed or elected to fill a vacancy must take 
oath as was required of his predecessor, and holds office 
until his successor is elected and qualified. 

FUNCTIONS AND RECORDS 

The superior court has original jurisdiction of natural- 
ization proceedings under the Federal laws, habeas corpus 
proceedings, mandate proceedings, prohibition proceedings, 
actions by or against executors and administrators, and all 
other civil causes at law and in equity, as a court of 
general jurisdiction. The United States Department of 
Labor ha* never furnished to this court; the necessary printed 
forms for naturalization proceedings, hence it has never ex- 
ercised its naturalization jurisdiction. 



1 2 Acts 1875; Burns 4-1923; Baldwin 1688-23. Acts 1921; Burns 4-3209; Baldwin 1225. Acts 
1923; Burns 4-3213 to 4-3216; Baldwin 1233 to 1236. 

1 2 Cons!:. 1851, art. 7, sec. 13; art. 15, sec. 2 (as amended in 1926). 

1 S Ibid., art. 7, sec. 12. Acts 1897; Burns 49-819; Baldwin 13152. 

1 4 State v. Dearth, 201 Ind. 1, 164 N. E. 489 (1929); State ex rel. Youngblood v. Warrick 
Circuit Court, 208 Ind. 594, 196 N. E. 254 (1935). Information obtained from Oraer Stokes Jack- 
son, Attorney General of Indiana, on July 29, 1939, by W. Davis Hamilton. 

1 5 Const. 1851, art. 5, sec. 18. Acts 1881 (Spec. Sea;.); Burns 29-701; Baldwin 7081. 1 
Rev. Stat. 1852; Burns 49-402, 49-404, 49-408, 49-409; Baldwin 13101, 13103, 13106, 13107. State ex rel. 
Custer v. Schortemeier, 197 Ind. 507, 151 N. E. 407 (1926); State ex rel. Middleton v. Scott Circuit 
Court, 214 Ind. 643. 17 N. E. (2d) 464 (1938). 

1 6 Acts 1875; Burns 4-1910, 4-1914; Baldwin 1688-10, 1688-14. 



Naturalization proceedings. U. S. Stat.. 2:153, 155 (law of 1802); 4:69 (law of 1824). U 
S. C, title 8, sec. 357 (laws of 1906, 1911, 1913). 

1 7 Acts 1875; Burns 4-1912; Baldwin 1688-12. 

1 8 

Information obtained from Walter A. Kiefer, Assistant District Director of U. S. Im 

migration and Naturalization Service, Cincinnati District, on March 5, 1940, by W. Davis Hamilton 



246 TIPPECANOE COUNTY 

The superior court has appellate jurisdiction to review 
decisions of justices of the peace in civil cases/ 9 city 
courts id civil cases," board of commissioners, board of 
review fixing value of property for taxation, and board of 
public works and safety or board of park commissioners of 
any city in the county (or city council performing such 
functions)." The act creating this court provides that it 
shall have "all other appellate jurisdiction in civil causes 
now vested in or which may hereafter be vested by law in the 
circuit courts." 24 

The superior court is a court of record. Its judgments, 
decrees, orders, and proceedings have the same force and ef- 
fect as those of the circuit court, and are enforceable in 
the same manner. The court has power to issue all writs, 
orders, judgments, and injunctions necessary and incidental 
to its jurisdiction aforesaid." 6 The process of the court 
must have the court seal affixed thereto, and must be attested, 
directed, served, and returned,, and be in form, as is or may 
be provided by law for process issuing from the circuit court," 

The court can make rules for conducting its business, 
not repugnant to the laws of this state; compel the attendance 
and testimony of witnesses; enforce its orders; and punish 
for contempt. The judge eau administer oaths; solemnize 
marriages; 25 give al 1 necessary certi ficates for the authenti- 
cation of the records and proceedings of the court;"* issue, 
licenses for carrying pistols; and can take and certify 



1 9 Acts 1875; Bums 4-1910; Baldwin 1688-10. 2 Rev. Stat. 1852; Burns 5-1001; Baldwin 1931. 
20 Acts 1S75; Burns 4-1910; Baldwin 168840. Acts 1917; Burns 4-2C03; Baldwin 11608. Acts 

1923; Burns 4-2302; Baldwin 12336. 

2 l Acts 1875; Burns 4-1910; Baldwin 1688-10. Acts 1879 (Spec. Sess.), 1885; Burns 26-820; 
Baldwin 5275. 1 Rev. Stat. 1852; Burns 26-901; Baldv/in 5277. Acts 1933; Burns 27-117; Baldwin 
5753. Acts 1905; Bums 36-1501; Baldwin 8858. State ex reL Sink v. Cass Circuit Court, 214 Ind. 
323, 15 N. E. (2d) 624 (1938). 

2 2 Acts 1927; Bums 64-1020; Baldwin 15686. 
28 Acts 1933; Burns 48-4501; Baldwin 11576. 
2 4 Acts 1875; Burns 4-1910; Baldwin 1688-10. 

25 Acts 1875; Burns 4-1912; Baldwin 1688-12. 

26 Acts 1875; Burns 4-1913. 4-1914; Baldwin 1688-13, 1688-14. 
2 7 Acts 1875; Bums 4-1911; Baldwin 1683-11. 

8 Acts 1875; Burns 4-1915; Baldwin 1688-15. Acts 1861; Bums 49-601; Baldwin 13053. 
2 9 Acts 1875; Burns 4-1915; Baldwin 1688-15. Acts 1897; Burns 44-301; Baldwin 5621. 
8 ° Acts 1875; Burns 4-1915; Baldwin 1688-15. 

l Acts 1935, 1937; Burns, 1940 suppl., 10-4738; Baldwin, 1937 suppl., 2569-5. 



SUPERIOR COURT 247 

acknowledgments and proofs of deeds and mortgages. An- 
nually the judge appoints two members of the county board 
of tax adjustment. 

The court must hold its sessions at the county court- 
house or at such other convenient place as the board of com- 

3 4 

missioners or judge may provide at the county seat."" 

An act of 1941 provides for three terms of court each, 
year. The January term begins on the 1st Monday in January 
and continues until the last Saturday before the 1st Monday 
in April, The April term begins on the 1st Monday in April 
and continues until the 4th Saturday in June. The September 
term begins on the 2d Monday in September and continues un- 
til the Saturday next preceding the 25th day of December. 00 
Acts of 1875, 1377, and 1898 provided for four terms each 
year, lasting so long as the business of the court required, 
except that under the 1893 act the May term could not last 
longer than 6 weeks. ° 5 ■ - 

The judge may adjourn court from any one day in the 
term over to any other day of the same term or to th@ 1st day 
of the following term. A term of- court is automatically 
extended for the completion of any trial which was in prog- 
ress at the time set by law for the expiration of the term. 

In case the court is not formed at any time, or if any 
term thereof be interrupted by reason of the nonattendanc 
of the judge, the clerk has authority to adjourn court fro 
day to day, or until the next term, in which event all process 

3 9 

and other proceedings shall be continued over accordingly. 

If on account o.f death, sickness, or other casualty the 
judge fails for 3 consecutive days to attend court during 
lermtime, the auditor, sheriff, and clerk of the circuit 
court, acting together, may appoint a temporary judge to 
serve until the return o.f'. the regular judge or until his 
successor is named. 40 



e 
om 



Acts 1875; Burns 4-1915; Baldwin 1688-15. 1 Rev. Stat, 1852, Acts 1859; Burns 56-123; 
Baldwin 14674. 

33 Acts 1937; Burns, 1940 suppl., 64-310; Baldwin, 1937 suppl., 15897-4. 

3 5 Acts 1941, ch. 5, sec. 1. * 

3 6 Acts 1375, ch. 39, sec. 6. Acts 1877, ch. 33, sec. 1. Acts 1893, ch. 5, sec. 1. 
7 

3 8 Acts 1875; Burns 4-1908; Baldwin 1688-8. 

3 9 Acts 1875; Burns 4.-1909; Baldwin 1688-9. : 

4 ° Acts 1881 (Spec. Sess.); Burns 4=3103; Baldwin 1261. 



248 TIPPECANOE COUNTY 

If the regular judge be disqualified in any particular 
case by prejudice, relationship, or interest, and no party 
objects to the regular judge making nominations for a special 
judge, the regular judge may designate the names of three other 
judges or attorneys, and the plaintiff and defendant may each 
strike one of such name*. The person whose name remains 
after such striking may serve as special judge in that part- 
icular cause. If a party objects to the regular judge making 
such nominations, the clerk certifies the facts to the clerk 
of the supreme court, who, acting under the direction of the 
supreme court, selects the names of three persons; and each 
party may strike one name as aforesaid. If the parties agree 
on the selection of a special judge, the regular judge will 
appoint the person thus selected. 41 

Any cause in which the judge is interested must be 
transferred to the circuit court when no special judge is 
obtained for hearing and disposition in the superior court. 42 

Causes pending in the eircui t court which could have been 
commenced in the superior court may be transferred by the 
circuit court to the superior court. s 

Changes of venue may be taken from the superior court 
in the same manner as from the circuit court, except as 
stated hereinafter. When an affidavit for a change of venue 
states that the county is a party to the suit, that the conven- 
ience of witnesses and ends of justice would be promoted by a 
change, that the opposite party has an undue influence over 
the citizens of the county, or that an odium attaches to the 
applicant or to his cause of action or defense on account of 
local prejudice, some judge of a circuit court or superior 
court must be called to hear and determine the application. 
If any charge specified above be sustained at such hearing, 
a change of venue to a circuit court of another county must 
be ordered. 44 

Decisions of the superior court are reviewable by the 
Supreme Court of Indiana or the Appellate Court of Indiana . 4 5 



4 * Acts 1905, 1907; Burns 2-1409; Baldwin 207. Acts 1937; Burns, 1940 suppl., 2-1424 to 2- 
1430, 9-1316 to 9-1325; Baldwin, 1937 suppl., 207-1 f 207-5, 194-1, 2223-1, 2222-1 to 2222-5, 2223-2 to 
2223-5. 

4 2 Acts 1875; Burns 4-1916; Baldwin 1688-16. 

4 S Acts 1905; Burns 4-304; Baldwin 1419 note. 

44 2 Rev. Stat. 1852, pt. 2, ch. 1, sec. 207, p. 74. Acts 1881 (Spec. Sess); Burns 2-1401; 
Baldwin 190. Acts 1875; Burns 4-1917; Baldwin 1688-17. 

4 5 2 Rev.Stat. 1852, pt. 2, ch. 1, sec. 550. Acts 1901, 1907, 1915, 1925; Burns 4-214; Bald- 
win 1356. Acts 1875; Burns 4-1922; Baldwin 1688-22. 



SUPERIOR COURT 249 

Jurors are selected for service in the superior court in 
the same manner as in the circuit court. 46 Jurors and wit- 
nesses in the superior court receive the same fees as in the 
circui t court . 7 

The court reporter (appointed by the judge for an indef- 
inite term) takes down in shorthand, and thereafter tran- 
scribes into typewriting, as directed by the court or parties, 
the oral evidence, rulings, instructions to the jury, and 
other proceedings of the court. 48 

The court page (appointed by the court for an indefi- 
nite terra when needed) serves as messenger for the judge 
and clerk, and performs other minor duties assigned to him 
by the judge. 49 

The clerk of the circuit court and the county sheriff 
serve as clerk and sheriff, respectively, of the superior 
court, and perform services for the superior court similar 
to those performed by them concerning civil causes in the 
circui t court . 5 ° 

Bailiffs (appointed by the judge) wait on the juries 
and preserve order during their deliberations and absences 
from the courtroom. The sheriff performs these duties in 
the absence of the bailiffs or when no bailiff has been ap- 
pointed. 51 

The clerk charges in the superior court the same docket 
fees as those charged in the circuit court, and pays the same 
to the county treasurer, to be applied in reimbursing the 
county for the expenses of the superior court. 5 

The clerk, under the direction of the judge, must pro- 
vide order books, judgment dockets, execution dockets, fee 
books, and such other books as may be necessary for the use 
of the court. All books, paners, and proceedings of the su- 
perior court mu^t be kept distinet and separate from those 
of other courts. 53 



4 6 

Acts 1875; Burns 4-1920; Baldwin 1688-20. See the essay entitled "Jury Commissioners." 

4 7 Acts 1875; Burns 4-1921; Baldwin 1688-21. 

4 8 Acts 1881 (Spec. Sess.). ch. 89. Acts 1899, 1927; Burns 4-3501 to 4-3511; Baldwin 1288 

to 1292, 1298. 1298-1, 1776, 1297-1, 1293, 1300. Adams v. State, 214 Ind. 603, 17 N. E. (2d) 84 (1938). 

4 9 Dunn v. State ex rel. Corydon, 204 Ind. 390, 184 N. E. 535 (1933). Opinions of the At- 
torney General of Indiana, 1939, p. 312. 

5 ° Acts 1875; Burns 4-1903, 4-1904; Baldwin 1688-3, 1688-4. 

5 1 Acts 1921, 1935; Bums, 1940 suppl., 4-3107; Baldwin, 1935 suppl., 1256. 
5 2 Acts 1875; Burns 4-1919; Baldwin 1688-19. 
5 S Acts 1875; Burns 4-1918; Baldwin 1688-18. 



250 TIPPECANOE COUNTY (226-229) 

Civil Causes 

filing of actions 

226. Entry, Issue Docket and Fee book, 1913- . 19 vols. 
(18-36). 

Record of filing of actions, causes set for trial, and fees 
and costs assessed in civil causes, showing nature and number 
of cause; dates of filing, sheriff's return, proceedings, col- 
lection, and payment of fees and costs; names of plaintiff, 
defendant, attorneys, and witnesses; itemized amount of fees 
and costs; and volume and page re f erence to Order Book , entry 
234. This is a combination of two records formerly kept sepa- 
rately: Entry Book, entry 227; and Fee Book, Superior Court, 
242. Arr. num. by cause nos. Indexed alph. by names of plain- 
tiff s and de fendants . Hdw. 289 pp. 18 x 12 x 3. Clk. off. 

227. ENTRY BOOK, 1879-1912- 8 vols. (1-8). 1913- in 
Entry, Issue Docket & Fee Book, entry 226. 

Record of filing of actions in civil causes, showing dates 
of filing, issuing process, proceedings, and judgment; nature 

and number of cause; and names of plaintiff, defendant, and 

attorneys. Arr. chron. by dates of filing. Indexed alph. 

by names of plaintiffs and defendants. Hdw. 600 pp. 18 x 

12 x 3. 5 vols., 1879-Jan. 1909, attic stor. rm.; 3 vols., 
Feb. 1909-12, clk. rec. rm. 

ORIGINAL DOCUMENTS 

228. SUPERIOR [Causes]. 1875~. 737 f. b. (1-737). Also 
1875-80 in [Clerk' s Mi seel laneous Papers], entry 58. 

Original documents filed in civil causes, including complaints, 
summons, petitions, proofs of publication, answers , denials , 
demurrers, powers of attorney, executions, orders to stay, 
attachments, certificates of sale, and receipts, showing 
dates of document and filing; nature and number of cause; 
names of plaintiff, defendant, attorneys, and witnesses; and 
proceedings. Also contains: [Summons], 1875-80, entry 214; 
[Stay of Executions], 1875-76, 1885—, entry 239. Arr. num. 
by cause nos. For index, see entry 229; for separate index 
to executions, 1875-98, see entry 238. Hdw. and typed. 316 
f. b., 6 x 4 x 12; 421 f. b., 11 x 5 x 14. Clk. rec. rm. 

229. General Index, Cases, 1875-. 2 vols. (1, 2). Title 
varies: Index, 1875-Sept. 1895, 1 vol. 

Index to Superior [Causes], entry 228, showing names of plain- 
tiff and defendant, cause number, and file box reference. 
Arr. alph. by names of plaintiffs. Hdw. 600 pp. 18 x 12 x 
3 . Clk. rec . rm . 



(230-234) SUPERIOR COURT 251 

230. [PENDING CAUSES], 1912—. 5 f. d. (labeled by cause 

DOS . ) . 

Original documents in pending civil causes, showing informa- 
tion as in entry 228. Arr. num. by cause nos. For index, 
see entry 231. , Hdw. and typed. 12 x 14 x 18. Super, ct. off. 

231. Index to causes, 19 12-. 1 vol. 

Index to [Pending Causes], entry 230, showing names of plain- 
tiff and defendant, cause number, and file box reference. 
Arr. alph. by names of plaintiffs and defendants. Hdw, 
580 pp. 18 x 12 x 3. Super, ct. rm. 

MINUTES 

232. BENCH DOCKET, 1875—, 33 vols. (1-33), 5 f. d. 
Record of actions and proceedings in civil causes, showing 
dates of filing, court term, and proceeding!* number and 
nature of cause; names of plaintiff, defendant, attorneys, 
and witnesses; and action taken. Arr. chron. by dates of 
court terms. No index. Hdw. Vols., 480 pp. 18 x 12 x 8; 
f. d., 12 x 14 s 24.. 33 vols., 1875-1908, attic stor. rm.; 
5 f. d. f 190 9~ , super, ct. off, 

233. DRAINAGE RECORD, 1883 = 89, 1913™. 5 vols. (1, 1-4). 
1890-1912 in Order Book, entry 234. 

Record of actions and proceedings in drainage causes, show- 
ing dates of filing and proceedings; names of plaintiff, de- 
fendant, petitioners, and witnesses; cause number; name, 
location, and description of ditch; amount of land benefited 
or damaged; amounts of estimated costs, allotments, and 
bids; and action taken. Also contains: Miscellaneous Record, 
1883-88, entry 30; and Notarial Bonds, 1883-88, entry 33. 
Arr. chron, by dates of -proceedings . Indexed alph. by names 
of plaintiffs, Hdw., 1888-89; typed, 1913—. 576 pp. 18 % 
12 x 3. 2 vols., 1883-89, 1913-19, elk. rec. rm.; 3 vols., 
1920—, super, ct. off. 

ORDERS 

234. ORDER BOOK, 1 875—. 64 vols. (1-64). 

Record of verdicts returned and judgments and orders of court, 
showing dates of court term and proceedings, nature and num- 
ber of cause, names of plaintiff and defendant, and action 
taken. Also contains: Drainage Record, 1890=1912, entry 
233. Arr. num. by cause nos, Indexed alph. by namss of 
plaintiffs and defendants. Hdw., 1875-Sept. 27, 1908; typed, 
Sept. 28, 190 8-. 576 pp . 18 x 1 3 x 3 . 6 vols. , 1875-Mar. 12, 
19 34 , elk. rec. rm.; 4 vols., Msr, 12, 1934- , super, ct. off. 



252 TIPPECANOE COUNTY (235-240) 

JUDGMENTS 

' 235. Judgment Docket, 1 875—. 13 vols. (1-13), 
Record of judgments rendered In civil causes, showing dates 
of judgment, assignments, and satisfaction; cause number; 
names of plaintiff, defendant, and judgment debtor; amounts 
of judgment, costs, and fees; and volume and page reference 
to Order Book, entry 234. Arr. num. by cause nos. Indexed 
alph. by names of judgment debtors . Hdw. 520 pp. 16 x 11 x 
3. 10 vols., 1875-Apr. 26, 1926, elk. rec. rra.; 3 vols., 
Apr. 27, 1926-, elk. off. 

238. JUDGMENT DOCKET, Aug. 7, 1888- Jan. 24, 1893.. 1 
vol. (5). 
Transcript of volume five of Judgment Docket, entry 235, 
showing information as in entry 235. Arr. num. by cause nos. 
Indexed alph. by names of judgment debtors. Hdw. 520 pp. 
16 x 11 x 3. Attic stor. rm. 

EXECUTIONS (see also entries, 138-149, 197, 251, 257, 263, 264). 

23 7. EXECUTION DOCKET , 1875—. 10 vols. (1-10). 
Record of writs issued for executions of judgments, showing 
cause number; names of plaintiff and defendant; dates of 
judgment, writ, and sheriff's return; location and descrip- 
tion of property; and amounts of judgment, interest, and 
costs. Arr. chroa. by dates of wri ts . Indexed alph . by names 
of plaintiffs and defendants. For separate index, 1875-98, 
see entry 238. Hdw. 350 pp. 18 x 12 x 3. 9 vols., 1875-Jan. 
20, 1931, elk. rec, rm.; 1 vol., Jan. 21, 1931 — , elk. off. 

238. EXECUTION I NDEX SUPERIOR COURT , 1875-98. 1 Vol. 
Index to executions in Superior [Causes], entry 228; Execution 
Docket, entry 237, showing date of filing; names of plaintiff, 
defendant, and judgment debtor; file box reference; and vol- 
ume and page reference to recording. Arr. alph. by names of 
judgment debtors . Hdw. 50 pp. 18 x 12 x 3. Clk. rec. rm. 

239. [STAY OF EXECUTION], 1875~. 1875-76, 1885- in 
Superior [Causes], entry 228; 1877-84 in [Clerk's 
Miscellaneous Papers], entry 58. 

Orders for stay of execution, showing dates of order and 
filing, names of defendant and sureties, nature of order, 
signature of judge, and clerk's certification. 

COMPLETE TRANSCRIPTS 

240. FINAL RECORD, 1875-1919. 1923—. 31 vols. (1-31). 
Complete transcripts of actions and proceedings in civil 
causes, showing dates of court term, transcript, trial, 



(241-243) CRIMINAL CIRCUIT COURT 253 

issuance of summons, and return; number and nature of cause; 
names of plaintiff, defendant, and attorneys, proceedings of 
court; and action taken. Arr. chron. by da'es of court terms. 
Indexed alph. by names of plaintiffs and defendants. For 
separate index, see entry 241. Hdw., 1875-1905; typed, 1906- 
19, 1923-. 576 pp. 18 x 13 x 3%. 30 vols., 1875-1919, elk, 
rec. rm.; 1 vol., 1923-, super, ct. off. 

241. Index Final Record, 1875-1919, 1923-. 1 vol. (1). 
Index to Final Record, entry 240, showing names of plaintiff 
and defendant, and volume and page reference to recording. 
Arr. alph. by names of plaintiffs. Hdw. 400 pp. 16 x 11 x 
2Y 2 . Clk. rec. rm. 

FEE AND CASH RECORDS 

242. FEE BOOK, SUPERIOR COURT, 1875-1912. 17 vols. (1- 
17). 1913— in Entry, Issue Docket and Fee Book, 
entry 226. 

Record of fees and costs assessed in civil causes, showing 
cause number; date and amount of collection; and names of 
plaintiff, defendant, payer, and payee. Arr. num. by cause 
aos. Indexed alph. by names of plaintiffs. Hdw. 18 x 12 x 
3 . Clk. rec . rm . 

243. WITNESSES FEE BOOK, 1887-Sept. 1907. 1 vol. (2). 
Record of receipts and disbursements of witnesses' fees. 
showing nature and number of cause; dates of receipt and 
disbursement; names ©f plaintiff, defendant, and witnesses; 
and amount of fees. Arr. chron. by dates of receipts. In- 
dexed alr>h. by names of plaintiffs and defendants. Hdw. 
308 pp. 18 x 12 x 2%. Clk. rec. rm. 



VII. CRIMINAL CIRCUIT COURT (1867-75) 

LEGAL STATUS 

From 1867 until 1875 Tippecanoe County had a court of- 
ficially known as the "Tippecanoe Criminal Circuit Court/' 
composed of one judge elected for a 4-year term by the voters 
©f the county. 1 



1 Acts 1867, ch. 26, sees. 1, 3, 4. Acts 1869 (Spec. Sess.), ch. 25, sees. 1-3. Acts 1373, ch. 
83, sec. 1. Acts 1875, ch. 39, sec. 25. Leander J. Monks, Courts and Lawyers of Indiana (1916), 3:1038. 

The criminal circuit court was an "inferior court" within the meaning of Const., 1851, 
art. 7, sec. 1, and the judge's term of office was within the scope of Const. 1851, art. 15, sec. 2. 



254 TIPPECANOE COUNTY (244) 

FUNCTIONS AND RECORDS 

The criminal circuit court had original jurisdiction 
(exclusive as against the circuit court and court of common 
pleas) of all criminal cases under the state laws, except 
offenses punishable only by fines not exceeding $3, and had 
appellate jurisdiction (concurrent with the circuit court) 
to review decisions of justices of the peace and city courts 
in criminal cases under state laws.' The court was open at 
all times for criminal trials. Terms of court commenced 
on the 1st Monday of April and October. Decisions of this 
court were reviewable by the Supreme Court of Indiana. 

The county sheriff and the clerk of the circuit court 
performed duties for the criminal circuit court similar to 
the duties they had previously performed for the circuit 
court in criminal cases. 5 The criminal circuit court had a 
prosecuting attorney other than the prosecuting attorney for 
the judicial circuit (composed of more than one county) to 
which the circuit court belonged. 6 

In 18 7 5 the general assembly abolished the criminal cir- 
cuit court and transferred its jurisdiction and business to 
the circui t court. ' 

244. Bench Docket, Criminal, 1867-75. 2 vols. (1, 2). 
Record of actions and proceedings in criminal causes, show- 
ing dates of filing, court term, proceedings, and sheriff's 
return; names of defendant, attorneys, and witnesses; and 
nature and number of cause. Arr. chron. by dates of court 
terms. No index. TIclw. 540 pp. 18 x 12 x 3. Clk. rec. rm. 

For other criminal records, see entries 136, 137, 154- 
162, 245. 



Clem v. Stale, 33 Ind. 418 (1870); Cropsey v. Henderson, 63 Ind. 26S (1878); Hench v. State ex rel. 
O'Rourke, 72 Ind. 297 (1880). 

2 Acts 1865 (Spec. Sess.), ch. 45. Acts 1867, ch. 15, sec. 17; ch. 16; ch. 26, sees. 1, 2, 5. 
Acts 1873, ch. 33, sec. 1. Eitel v. State, 33 Ind. 201 (1870); Clem v. State, 33 Ind. 418 (1870); Mul- 
len v. State, 34 Ind. 510 (1870); State ex rel. Cropper v. Murdock, 86 Ind. 124 (1882); Board of 
County Comrs. v. Albright, 168 Ind. 564, 81 N. E. 578 (1907). 

Juvenile offenders. Acts 1S67, ch. 67 (misnumbered 62), sees. 10-19, 22, 23. Acts 1869 
(Spec. Sess.), ch. 32, sees. 19-26, 35, 36. Acts 1872 (Spec. Sess.), ch. 30. Acts 1875, ch. 15. Acts 
1879. ch. 58. 

Acts 1867, ch. 26, sec. 2. 

4 2 Rev. Stat. 1352, pt. 2, ch. 1, sec. 550. 

5 Acts 1867, ch. 26, sec. 1. Acts 1873, ch. 33, sec. 1. 

Acts 1867, ch. 26, sees. 3, 4. See the essay entitled "Prosecuting Attorney, Criminal Cir- 
(1867-75)." 
Acts 1875, ch. 39, sees. 25, 26. 



cuit Court (1867-75).' 
7 



(245) COURT OF COMMON PLEAS (1858-73) 255 

245. Final Record, Criminal, 1867-75. 1 vol. (1). 
Complete transcripts of actions and proceedings in criminal 
causes, showing dates of transcript, court term, and proceed- 
ings; names of defendant , attorneys, and wi tnesses; and number 
and nature of cause. Arr. chron. by dates of court terms. 
Indexed alph. by names of defendants. Hdw. 576 pp. 18 x 
12 x 3. Clk. rec . rm. 

For other criminal records, see entries 136, 137, 154- 
162, 244. 



VIII. COURT OF COMMON PLEAS (1853-73) 

LEGAL STATUS 

From 1853 until 1873 Tippecanoe County had a court of- 
ficially known as "The Court of Common Pleas of Tippecanoe 
County," composed of one judge. The judge was elected for 
a 4-year term by the voters of the judicial district and was 
commissioned by the Governor. The district was composed 
of the counties of Tippecanoe and White from 1853 until March 
1, 1859; Benton, Carroll, Tippecanoe, and White from March 
1, 1859 until March 11, 1867; and Tippecanoe and Warren after 
March 11, 1867. 2 The law provided that any vacancy in the 
office of judge was to be filled through appointment by the 
Governor . s 

FUNCTIONS AND RECORDS 

The court of common pleas had exclusive original juris- 
diction of insanity inquests and commitments; the probate 
of wills; the granting and revocati on of let ters testamentary , 
letters of administration, and letters of guardianship; the 
administration of estates of decedents, minors, and insane 
persons; and the examination and allowance of accounts of 
executors, administrators, and guardians. The court also 
had concurrent original jurisdiction of dower proceedings; 
partition proceedings; ne exeat proceedings; habeas corpus 
proceedings; the appointment of commissioners to execute 

1 1 Rev. Stat. 1852, ch. 19, sec. 1. 2 Rev. Stat. 1852, pt. 1, ch. 8, secs.l, 3, p. 16. Acts 
1859, ch. 51, sec. 1. Jones v. Cavine, 4 Ind. 305 (1853). See footnote 16 herein, 

2 2 Rev. Stat. 1852, pt. 1, ch. 8, sec. 3, p. 16. Acts 1859, ch. 51, sec. 1. Acts 1861, ch. 
28, sec. 1. Acts 1867, ch. 30, sec. 1. 

S 1 Rev. Stat. 1852, ch. 115, sec. 2. 2 Rev. Stat. 1852, pt. 1, ch. 8, 6ec. 2, p. 16. 



256 TIPPECANOE COUNTY 

deeds on title bonds given by deceased obligors; naturalisa- 
tion proceedings under the Federal laws after March 5, 1859; 
juvenile matters after March 8, 1867; and, except as herein- 
after stated otherwise, all equity suits (including divorce 
and injunction), all civil actions at law, and all criminal 
cases. The court had no jurisdiction of civil actions at 
law for d a mages resulting from slander, libel, or breach of 
contract to marry; civil cases in which title to real estate 
was in issue; civil cases on bonds of state and county offi- 
cers; criminal offenses punishable by death; and offenses 
punishable only by fine not exceeding $ 3 . Before March, 5, 
1859 the court had no jurisdiction of civil o a ^ e s to recover 
less than $ 5 or more than $1,000, except that a congest judg- 
ment could be rendered for more than $1,000. The court had 
jurisdiction of felonies only in the following instances: ( a ) 
Wh en the defendant was in custody on a felony" charge before 
indictment by the grand jury; (b) When Ih'e person accused of 
a felony voluntarily submitted himself to the jurisdiction 
of the court while on bail and before an indictment was re- 
turned by a grand jury in any other court; (c) when the ac- 
cused person obtained a change of venue from the circuit 
court to the court of common pleas; and" (d) when, after 
March 5, 1859, the supreme court' had reversed a conviction 
by ■ the circuit court, the defendant was in custody, and 
the circuit court was not in session." The court had no 



4 2 Rev. Stat. 1852, pt. 1, ch. 4, sec. 5; ch. 8, sees. 4, 5, 7, 9, 11, 12, 14, 17, 25, 23, 25, 41; 
pt. 2, ch. 1, sec. 716. Acts 1853, ch. 30, sec. 1. Acts 1857, ch. 21, sec. 1. Acts 1859, ch. 52. Acts 
1865 (Spec. Sess.), ch. 58. 

Naturalization proceedings. U. S. Stat. 2: 153, 155 (law of 1802); 4: 69 (lav/ of 1824). 

Forcible entry and detainer cases against tenants holding ever. Acts 1853, ch. 31, sec. 1. 

Bastardy and surety of the peace. Acts 1853, ch. 5, sees. 1, 2. 

Juvenile matters. Acts 1867 (misnumberd 62), sees. 1, 10-19, 22, 23. Acts 1869 (Spec. Sess.), 
ch. 32, sees. 19-26, 35, 36. Acts 1872 (Spec. Sess.), ch. 30. 

Suits on bonds of justices of the peace. Mills v. State ex rel. Barbour, 10 Ind. 114 (1858). 

Divorce. Herron v. Herron, 16 Ind. 12? (1861); Ewing v. Ewing, 24 Ind. 463 (1865). 

Injunctions. Beard v. Dennis, 6 Ind. 200 (1855). 

Actions on r.$c<>gnizances for appearances in circuit court. McCole v. State ex rel. Chip- 
man, 10 Ind. 50 (1858). 

Suits involving validity of wills (exclusive original jurisdiction). Goodrich v. Posey, 15 
Ind. 329 (1860). ..- 

Actions. against guardians. -Hbllingsworth v. State ex rel. Harvey, 8 Ind. 257 (1856). 

Suit to set aside fraudulent settlement of administrator. Beard v. First Presbyterian 
Church, .15 Ind. 490 (1861). 



COURT OF COMMON PLEAS 11853-73) 257 

jurisdiction of any criminal cases after the es tab 1 i shment of 
the criminal court in 1867.' No appellate jurisdiction was 
vested in the court of common pleas. 

The court of common pleas was a court of record. Its 
judgments had, the same force and effect as those of the 
circuit court, and were enforced in the same manner. The 
court of common pleas could compel the attendance and tes- 
timony of witnesses; punish for contempt; and issue all 
writs and orders necessary and incidental to the exercise 
of the jurisdiction mentioned in the preceding paragraph. 
Th© judge eould solemnize marriages; take acknowledgments 
of deeds; take and certify depositions in any case not pend- 
ing in his own court; and act as accounting officer or master 
in chancery in any cause referred to him by the circuit 
court. 9 He served as judge of the court of conciliation from 
1853 until 1865. 10 

Any case in which the judge was disqualified could be 
transferred to the ci rcui f? cour t for disposition. 1 Decisions 
of the court of common pleas were reviewable by the circuit 

1 2 

court or supreme court. 

The clerk of the circuit court and the county sheriff 
served as clerk and sheriff, respectively, of the court of 
common pleas, and performed for the court of common pleas 
duties similar to those which they now perform for the 



Appointment of commissioners to execute deeds on title bonds given by deceased oblig- 
ors. Cortner v. Amick, 13 Ind. 463 (1859). 

Amount or value in controversy. Thew v. Gaskill, 10 Ind. 265 (1858); Brown v. Lewis, 
10 Ind. 232 (1858); Harvey v. Ferguson, 10 Ind. 393 (1858); Murdock v. Wheeler. 13 Ind. 472 (1859); 
Kiger v. Franklin, 15 Ind. 102 (1860); Holcroft v. Halbert, 16 Ind. 256 (1861). 

Title to real estate. McClure v: White, 9 Ind. 208 (1857); Vaughn v. Stuzaker, 16 Ind. 
338 (1861). 

Criminal cases. Spencer v. State, 5 Ind. 41 (1854); Johnson v. State, 14 Ind. 574 (1860); 
McCarty v. State, 16 Ind. 310 (1861). 

5 See the essay entitled "Criminal Circuit Court (1867-75)." 

6 Board of County Comrs. v. Weasner, 10 Ind. 259 (1858); Board of County Comrs. v. 
Brown, 10 Ind. 545 (1858). 

7 2 Rev. Stat. 1852, pt. 1, ch. 8, sec. 24, p. 20. 

8 Ibid., sec. 28, p. 21. 

9 Tim., sec. 35, p. 22. 

See the essay entitled "Court of Conciliation (1853-65)." 
11 2 Rev. Stat. 1852, pt. 1, ch. 8, sec. 10, p. 18. 

1 2 Ibid., sees. 13, 20, 22, pp. 18, 19; pt. 2. ch. 1, sec. 550, p. 158; ch. 10, sees. 189-193, p. 
291; ch. 11, sees. 43-46, p. 319. Acts 1853, ch. 5, sees. 1, 2; ch. 34, sec. 2. Acts 1857, ch. 21, sec. 1. 



258 TIPPECANOE COUNTY (246-248) 

circuit court while that court is exercising jurisdiction 
which was vested i v. the court of common pleas. From 
1853 until 1867 the district attorney prosecuted criminal 
cases in the court of common pleas. 

The court held four regular terms a year before August 
6, 1859 and three regular terms a year thereafter. Adjourned 
terms could be held after March 3, 1855. Each regular term 
could last S weeks before March 3, 1855 and as long as the 
business of the court required after March 3, 1855. 15 

The court of common pleas was abolished on March 6, 
1873, and its jurisdiction and business were transferred- to 
the circui t court . 1 5 

246. COMMON PLEAS [Causes], 1853-72. 169 f. b. (1-169). 
Also 1853-72 in [Clerk's Miscellaneous Papers], 
entry 58. 

Original documents filed in civil and criminal causes, in- 
cluding complaints, affidavits, bonds, oaths, motions, writs, 
notices, proofs of publication, petitions, answers, demur- 
rers, denials, powers of attorney, orders a d d certificates of 
sales, appraisements, attachments, reports, orders to stay 
and receipts, showing dates of document and filing; names 
of plaintiff, defendant, witnesses, and attorneys; nature 
and number of cause; am oust of fees assessed; and action 
taken. A r r . num. by cause n o s . For indexes, see entries 
59, 2 47. Hdw. 6 x 4 x 12. Clk. ree. rm . 

247. CIVIL INDEX, COMMON PLEAS, 1853-72. 2 vols. (1 
vol . tin! abel ed ; 2 ) . 

Index to Common Pleas [Causes], entry 246, showing names of 
plaintiff and defendant, cause number, and file box reference. 
Arr. a 1 ph . by names of plaintiffs. Hdw. 400 pp. 18 x 12 x 
2. Clk. rec. rm. 

248. BENCH DOCKET, 1853-73. 14 vols. (1-14). 

Record of actions and proceedings in civil and criminal causes 
in common pleas court, showing dates of filing, court term, 
and proceedings; number and nature of cause; names of plain- 
tiff, defendant, attorneys, and witnesses; and action taken. 



13 2 Rev. Stat. 1852, pt. 1, ch. 8, sac. 25, p. 20. 

1 4 

Seethe essay entitled "District Attorney (1853-73)." 

1 5 Act? 1853, ch. 33, sec. 1. Acts 1855, ch. 27, sees. 80. 94; ch. 30, sec. 1. Acts 1859, ch. 
47, sec. 15; ch. 51, sec. 3. Acts 1861, ch. 31, sec. 1. Acts 1861 (Spec. Sess.), ch. 24, sec. 1. Acts 
1867, ch. 30, sec. 2. Acts 1872 (Spec. Sess.), ch. 16, sec. 1. Thew v Gaskill, 10 Ind. 265 (1856). 

1 6 Acts 1373, ch. 29, sees. 79-88. 



(249-254) COURT OF COMMON PLEAS (1853-73) 259 

Arr. chron by dates of court terms. No index. Hdw . 500 
pp. 18 x 12 x 3. Clk. rec. rm. 

249. Order Book, Common Pleas, Mar. 1853-Apr. 1873. 
24 vols. (1-24). 

Record of verdicts returned and judgments and orders of court 
in civil and. criminal causes, showing information as in entry 
134. Arr. cbron. bydates of orders. Indexed alpb. by names 
of plaintiffs and defendants. Hdw. 576 pp. 18 x 12 x 3. 
Clk. rec . rm. 

250. Judgment Docket, Common Pleas, 1853-73. 8 vols. 
(1-8). 

Record of judgments rendered in civil and criminal causes, 
showing information as in entry 136. Also contains: Judg- 
ment Docket Claims, 1853-59, entry 196. Arr. chron. by 
dates of judgments. Indexed alpb. by names of judgment 
debtors. Hdw. 500 pp. 18 x 12 x 2. Clk. rec. rm. 

251. Execution Docket, Common Pleas, Nov. 18 53 -No v. 
18, 1881. 14 vols. (1-14). 

Record of writs for execution of judgments, showing informa- 
tion as in entry 140. Also contains: Execution Docket 
[Probate], 1853-73, entry 197. Arr. cbron. by dates of writs. 
Indexed alph. by names of plaintiffs and defendants. Hdw. 
550 pp. 18 x 12 x 3. Clk. rec. rm. 

For other execution records, see entries, 128=149, 197, 
237=239, 257, 263, 264. 

252. Final Record, Common Pleas, 1853-72, 21 vols, (l- 
3, 1-18), 

Complete transcripts of actions and proceedings in civil and 
criminal causes, showing dates of transcript, trial, issuance 
of summons, and return; number and nature of cause; names of 
plaintiff, defendant, and attorneys; proceedings of court; and 
disposition of cause. Arr. chron. by dates of transcripts. For 
index, *ee entry 253. Hdw. 600 pp. 18 x 12 x 3. Clk. rec. rm. 

253. Index Final, 1853-72. 1 vol. 

Index to Final Record, Common Pleas, entry 252, showing date 
of court term, names of plaintiff and defendant, and volume 
and page reference to recording. Arr. alph. bynames of plain- 
tiffs and defendants. Hdw. 400 pp. 16 x 11 x 2. Clk. rec. rm 

254. Fee Book, 1853-83. 16 vols. (1-16). 

Record of fees and costs assessed in civil and criminal 
causes of common pleas court, showing nature and number of 
cause; names of plaintiff, defendant, payer; itemized list of 
fees and costs; and date and amount of collection. Arr. num. 
by cause ncs, Indexed alpb, by names of plaintiffs and de- 
fendants. Hdw. 600 pp. 16 x 12 x 2%. Clk. rec. rm. 



260 TIPPECANOE COUNTY 

IX. PROBATE COUPoT (1829-53) 

LEGAL STATUS 

From 1829 until 1853 Tippecanoe County bad a court 
officially known as "The Probate Court of Tippecanoe County," 
composed of one judge who was elected for a 7-year term by 
the voters of the county and commissioned by the Governor. 
Before any person could be commissioned as a judge of the 
probate court, he was required to obtain from a judge of the 
supreme court or from a president judge of a circuit court & 
certificate showing he was qualifed to discharge the duties 
of such office. 1 

FUNCTIONS AND RECORDS 

The probate court had exclusive original jurisdiction of 
insani ty inquests and commitments; the probate of wills; the 
granting and revocation of letters testamentary, letters of 
administration, and letters of guardianship; the administra- 
tion of estates of decedents, minors, and insane persons; 
and the examination and allowance of accounts of executors, 
administrators, and guardians. From 1831 until 1853 the 
court also had concurrent original jurisdiction of proceed- 
ings for the authorization of the sale of guardianship prop- 
erty and civil cases at law and in equity upon all demands 
or causes of action in favor of or against heirs, devisees, 
legatees, executors, administrators, or guardians, and their 
sureties and representatives. From 1829 until 1833 the court 
had. jurisdiction of partition proceedings in connection w i t h 
the administration of decedents' estates. From 1833 until 
1853 the court had unlimited concurrent original jurisdiction 
of partition proceedings and dower proceedings. From 1834 
until 1853 the court had concurrent original jurisdiction 
of proceedings for the appointment of commissioners to 
execute deeds on title bonds given by deceased obligors. ^ 



1 Acts 1828-29, ch. 26, sees. 1, 2. Rev. L. 1831, ch. 25, sees. !, 2, 4. Rev. Stat. 1838, ch. 
24, sees. 1, 2, 4. Rev. Stat. 1843, ch. 4, sees. 2, 9, 72; ch. 5, sec. 1; ch. 39, sees. 1-3. See footnote 
11 herein. 

2 Acts 1828-29, ch. 26, sees. 2, 5, 6, 53-55. Rev. L. 1831, ch. 25. sees. 4, 19, 22, 31, 37, 39, 
47, 57. Acts 1832-33, ch. 79, sees. 9, 10. Acts 1833-34, ch. 38, sees. 1, 2. Rev. Stat. 1838, ch. 24, 
sees. 4, 5; ch. 77, sec. 10. Rev. Stat. 1843, ch. 39, sees. 5, 6. 

No general jurisdiction in chancery except in relation to the administration of guardian- 
ship and decedents' estates. West v. Thornburg, 6 Blackf. 542 (1843); Powell v. North, 3 Ind. 
392 (1852). 



PROBATE COURT (1829-53) 261 

No appellate jurisdiction was vested in the probate court.' 
The court could compel the attendance and testimony of 
witnesses; enforce its judgments and orders; punish for con- 
tempt; and issue all writs and orders necessary and inciden- 
tal to the exercise of the jurisdiction mentioned in the pre- 
ceding paragraph. The judge could solemnize marriages from 
1829 until 1838 and from 1843 until 1853. 5 

The clerk of the circuit court and the county sheriff 
served as clerk and sheriff, respectively, of the probate 
court, arid performed for the probate court duties similar to 
those whi eh they now perform for the circuit court whilethat 
court is exercising jurisdiction which was vested in the pro- 
bate court . 6 

The court held six terms a year from 1829 until Febru- 
ary 3, 1832 and four terms a year thereafter. The maximum 
duration of terms was as follows: 1829 until February 3, 
1832, 3 days; February 3, 1832 until December 23, 1846, 6 
days; December 23, 1846 until January 2, 1849 and after Jan- 
uary 19, 1850, 14 days; and from January 2, 1849 until Jan- 
uary 19, 1850, 12 days. 7 

Any matter within the jurisdiction of the probate court 
could be heard and disposed of by the circuit court in the 
same manner as the probate court, when the judge of the latter 



Sale of guardianship property. Graeter v. Wise, 5 Blackf. 403 (1840); Coon v. Cook, 6 
Ind. 268 (1855). 

Suit against heirs of deceased vendee for specific performance of contract for sale of real 
estate. Boyle v. Moss, 4 Blackf. 535 (1838), 

Suit to enforce vendor's lien on real estate. West v. Thcrnburg, 6 Blackf. 542 (1843). 

Partition proceedings, Taylor v, Connor, 7 Ind. 115 (1855). 

Amount in controversy in suits in favor of or against heirs, executors, etc, Brown v. 
McQueen, 6 Blackf. 208 (1842); High v. Taylor, 6 Blackf. 555 (1843). 

Limitation on right to trial by jury. Rev. Stat. 1838, ch. 24, sec. 34. 

8 Board of County Comrs. v, Weasner, 10 Ind. 259 (1858). 

4 Acts 1828-29.. ch. 26, sees. 2, 6, 7. Rev. L. 1831, ch. 25, sees. 4, 5, 49. Rev. Stat. 1838, 
ch. 24, sees. 5, 11, Rev. Stat, 1843, ch. 39, sees. 11, 13, 30. 

5 Acts 1828-29, ch. 26, sec. 62. Rev. L. 1831, ch. 63, sec. 2. Rev. Stat. 1838, ch. 68, sec. 
2. Rev. Stat. 1843, ch. 35, sec. 6. 

6 Acts 1828-29, ch. 26, sees. 3, 15; ch. 29, sec. 6. Rev. L. 1831, ch. 25, sees. 7-10, 15, 16, 
18, 19, 22, 23, 32, 48. Rev. Stat. 1838, ch. 24, sees. 7, 9, 10, 15, 18, 19, 23, 24, 29, 34, 38, 46, 55. 
Rev. Stat. 1843, ch. 39, sees. 23, 42-45. 

7 Acts 1828-29, ch. 26, sec. 59, Acts 1831=32, ch. 159, sec. 1. Rev. Stat, 1838, ch. 24, sec. 
68. Rev. Stat. 1843, ch. 39, sec. 40. Acts 1843-44 (general), ch. 14, sec. 3. Acts 1844-45 (general), 
ch. 74, sec. 2. Acts 1846-47 (general), ch. 45, sec. 1. Acts 1848-49 (general), ch. 38, sec. 3. Acts 
1849-50 (general), ch. 51, sec. 1. 



262 TIPPECANOE COUNTY 

court was disqualified from acting."' After June 15, 1852 
the" judge of the circuit court could hold regular terms of 
the probate court when the judge of the probate court failed 
to do >o. 9 Decisions of the probate court were reviewable 
by the circuit court or the supreme court. 

The probate court was abolished in 1853, and its juris- 
diction and business were transferred to the court of common 
pleas, which had broader jurisdiction than the probate court. 



X. COURT OF COMMON PLEAS (1848-52) 

LEGAL STATUS 

From 1848 until 1852 Tippecanoe County had a court of- 
ficially known as the "Tippecanoe Court of Common Pleas," 
composed of one judge appointed by joint ballot of both 
branches of the general assembly. The judge was commis- 
sioned by the Governor of Indiana. ' for a term of 7 years.' 

FUNCTIONS AND RECORDS 

This court had original jurisdiction (concurrent with 
the circuit court) of all civil cases at law and in equity, 
and had appellate jurisdiction (concurrent with the circuit 
court) to review decisions of justices of the peace (civil 
cases only) and the board of commissioners. The judge could 
issue all necessary writs and orders in chancery cases, in 
vacation as well as in termtime, and could administer oaths, 
take and certify depositions, take and certify the proof or 
acknowledgment of deeds, and solemnize marriages. 6 Judgments 



8 Acts 1829-30. ch. 29, sec. 7. Rev. L., 1831, ch. 25, sec. 6. Rev. Stat. 1838, ch. 24, sec. 6. 
Rev. Stat. 1843, ch. 39, sec. 9. 

9 Acts 1851-52, ch. 34, sees. 1, 3. 

Acts 1828-29, ch. 26, sec. 4. Rev. L. 1831, ch. 24, sec. 7; ch. 25, sec. 52. Acts 1832-33, 
ch. 79, sees. 9, 10. Rev. Stat. 1838, ch. 24, sec. 12; ch. 25, sees. 13, 16. Rev. Stat. 1843, ch. 37, 
sees. 1, 9. 70; ch. 39, sees. 33-36. 

1 1 Rev. Stat. 1852, ch. 92, sec. 1. 2 Rev. Stat. 1852, pt. 1, ch. 8, sec. 43. Acts 1853, ch. 30, 
les v. Cavins, 4 Ind. 305 (1853). See the essay entitled "Court of Co 
Acts 1847-48 (general), ch. 34, sec. 1. Acts 1851-52, ch. 32, sec. 1. 



sec. 1. Jones v. Cavins, 4 Ind. 305 (1853). See the essay entitled "Court of Common Pleas (1853-73)." 

1 



2 Acts 1847-48 (general), ch. 34, sec. 3. 
3 
Hid., sec. 4. 

4 Ibid., sec. 10. Acts 1848-49 (general), ch. 46, sec. 1. 2. 

5 Acts 1847-4S (general), ch. 34, sec. 11. 

6 Acts 1843-49 (general), ch. 46, sec. 2. 



(255-258) COURT OF COMMON PLEAS (1848-52) 263 

of this court had the same lien, force, and effect in the 
county as the judgments of the c i rcui t court . 7 Decisions of 
the court of comnaion pleas were reviewable by the circuit 

L 8 

court or supreme court. 

The court held terms commencing on the 1st Monday ©f 
January, April, July, and October, each lasting as long as 
the business of the court required. 9 

This court was abolished in 1852, and its business was 
transferred te the circuit court. ° 

255. Order Book, Common Pleas, Apr. 3, 1848-Oct. 1851. 
2 vols. (1, 2). 

Record of judgments and orders of court in civil causes, 
showing dates of court term and order, names of plaintiff 
and defendant, cause number, nature of action, and judgment 
and order of court. Arr. chron, by dates of orders. Indexed 
alph. by names of plaintiffs and defendants. Hdw. 576 pp. 
18x12x3. Clk. rec. rm. 

256. Judgment Docket, common Pleas, 1848-51. 1 vol. (1). 
Record of judgments rendered in civil causes, showing infor- 
mation as in entry 235. Arr. chron. by dates of judgments. 
Indexed alph. by names of judgment debtors. Hdw. 500 pp. 
18 x 12 x 3. Clk. rec. rm. 

257. Execution Docket, common pleas, 1848-52. lvol.(l). 
Record of writs issued for execution of judgments, showing 
cause number; dates of judgment, writ, and sheriff's return; 
names of plaintiff, defendant, and attorneys; location and 
description of property; and amounts of judgment, interest, 
and costs. Arr. chron. by dates of writs. Indexed alph. by 
names of plaintiffs and defendants. Hdw. 550 pp. 18 x 12 x 
3. Clk. rec . rm . 

For other execution records, see entries, 138-149, 197, 
237-239, 251, 263, 264. 

258. FINAL RECORD, COMMON PLEAS, 1848-52. 1 vol. (1). 
Complete transcripts of actions and proceedings in civil 
causes, showing dates of transcript, trial, issuance of sum- 
mons, and return; number and nature of cause; names of 
plaintiff, defendant, and attorneys; proceedings of court; and 
disposition of cause. Arr. chron. by dates of transcripts, 
No index. Hdw. 600 pp. 18 x 12 x 3. Clk. rec. rm. 



7 Acts 1847-48 (general), ch. 34, sec, 36. 

8 Ibid., sees. 12, 13. Acts 1848-49 (general), ch. 46, sec. 2. 

9 Acts 1847-48 (general), ch. 34, sec. 14. 
1 ° Acts 1851-52, ch. 32. 



264 TIPPECANOE COUNTY (259) 

259. FEE BOOK, 13 48-51. 2 vols. (1, 2). 
Record of fees and costs assessed in civil causes of commoo 
pleas Court : showing nature and number of cause; names of 
plaintiff, defendant, and payer; itemised list of fees and 
costs; and date and amount of collection. Arr. num. by 
cause nos. Indexed alph. by names of plaintiffs and defend- 
ants. Hdw. 60 pp. 1& x 12 x 2y 2 . Clk. rec. rm, 



XI. COURT OF CONCILIATION (1853-65) 

LEGAL STATUS 

From 1853 until 1865 Tippecanoe County had a court of- 
ficially known as the "Tippecanoe Court of Conciliation." 
The judge of the court of common pleas was ex officio judge 
of the court of conciliation. 1 

FUNCTIONS AND RECORDS 

The court of conciliation, which was a court of record/ 
had jurisdiction of civil claims and controversies submitted 
to it for the purpose of effecting a compromise or for determi- 
nation, where the parties agreed to abide the judgment oi the 
court. The law did not authorize an appeal to another court.' 

When a reconciliation was effected, the judge entered in 
a book of record a memorandum thereof, signed by the respec- 
tive parties, stating the nature of the controversy, or the 
alleged cause of action, the appearance of both parties, and 
the facts of the reconciliation. The terms of the recon- 
ciliation were not stated unless the parties agreed to specify 
them. The reconciliation thus effected was the final deter- 
mination of the matter in controversy. 4 When the parties 
agreed to a judgment in favor of one against the other in 
settlement of their differences, the judgment was entered at 
the foot of the entry of reconciliation. A transcipt of such 
judgment certified by the judge was filed in the office of 
the clerk of the court of common pleas, and had the same 



1 Const. 1851. art. 7, sec. 19. 2 Rev. Stat. 1852, pt. 2, ch. 2, sec. 2, p. 224. Acts 1865 



(Spec. Sess), ch. 57. See the essay entitled "Court of Common Pleas (1853-73).' 
he Revised Statutes of 1852 took effe 
Beach v. Woo'ford, 7 Ind. 351 (1355) 



The Revised Statutes of 1852 took effect on May 6, 1853. Jones v. Cavins, 4 Ind. 305 (1853). 
2 



S ConsT:. 1851. art. 7, sec. 19. 2 Rev. Stat. 1852, pt. 2, ch. 2, sec. 1, p. 224. 
4 2 Rev. Stat. 1852, pt. 2, ch. 2, sees. 6, 13, pp. 225, 226. 



COURT OF CONCILIATION (1853-65) 265 

effect, and could be enforced in the same manner, as a judg- 
ment of the court of common pleas. 5 

When any cause of action was claimed by or against any 
person for which a civil action might be brought, or when a 
controversy existed between two or more persons arising out 
of such alleged cause of action, the parties could appear 
before the court of conciliation, at any place within the 
county in which either party resided, for the purpose of 
effecting a compromise or of having a determination of all 
or any of such claims or controversies; 6 and, upon the appear- 
ance of the parties, it was the duty of the court to require 
them respectively to state the nature of the controversy be- 
tween them, and present such claim as alleged. The state- 
ment could be made orally or in writing. 7 

When the parties, without a reconciliation, voluntarily 
submitted their matters of difference to the court for de- 
termination and agreed to abide the judgment, such submis- 
sion was entered in a book of record and signed by the re- 
spective parties. On the hearing the court could take the 
statements of the parties, with or without oath. These con- 
troversies were determined according to conscience and right 
without regard to technical rules. The judgment had the 
same effect, and could be enforced in the same manner, as 
a judgment of the court of common pleas. 8 

The admissions and declarations (other than th© entry 
of conciliation or judgment) made by the parties in proceed- 
ings before the court of conciliation were not binding in 
any other judicial proceedings. 

On claims for libel, slander, assault and battery, false 
imprisonment, and malicious prosecution, the complaining 
party could give written notice to the opposite party inform- 
ing him of the claim and requiring him to appear at a spec- 
ified place and time, in relation thereto, within 5 days, 
before the court of conciliation The notice could be 
served by the sheriff or any other person, in the game man- 
ner as a summons in a civil action." At the time specified 

5 Ibid., sees. 7, 13. 

6 Ibid., sec. 11, p. 226. 

7 Ibid., sec. 12. 

8 Ibid., sees. 14, 18. 

9 Ibid., sec. 20, p. 227. 
1 ° Ibid., sec. 3, p. 224. 

Ibid., sec. 4. 



266 TIPPECANOE COUNTY 

in the notice, or at a later date set by the court, the parties 
were received by the judge, apart from all other persons, 
except that infants were attended by a guardian, and a female 
was attended by her husband or friend. The judge heard the 
allegations of the parties; informed them of their rights; 
endeavored to reconci le their differences; and advised such a 
compromise of the claim or controversy as he deemed just."" 
If, after the service of such notice, either party failed to 
appear, or if the parties appeared and did not become recon- 
ciled or did not submit the matter for determination , the 
judge made an entry in a book of record, stating the nature 
of the charge, the notice given, the proof of such service, 
and the failure of either party to appear or the appearance of 
the parties and their failure to become reconciled, 18 The 
entries in §ucb book of record, or certified copies thereof, 
signed by the judge, were evidence of the facts therein stated; 
and it was the duty of the judge to give a transcript of the 
entries in any case, certified by him, from big record, to 
either party on request. In any cause of action thereafter 
brought for recovery of damages for a cause of action men- 
tioned above, except when the defendant was arrested, the 
plaintiff could not recover costs unless he produced such 
certified copy at the trial, and unless it thereby appeared 
that the notice was duly served, and that be appeared pursuant 
thereto, or that both parties appeared without notice. The 
defendant could not recover costs in such action when it 
appeared that he failed to appear pursuant to such notice. 

The court of conciliation was abolished in 1865, and 
no such tribunal has existed since then. 1 



XII. MASTER COMMISSIONER 

LEGAL STATUS 

The office of master commissioner has existed in Tip- 
pecanoe County since 1853 under the authority of acts of 
1853 and 1881. The commissioner is appointed by the judge 



1 2 Ibid., sec. 5. 

1 3 Ibid., sec. 8, p. 225. 

1 4 Ibid., sec. 9. 

1 5 Ibid., sec. 10. Nelson v. Turner, 7 Ind. 36 (1855). 

1 6 Acts 1865 (Spec. Sess.), ch. 57. 



MASTER COMMISSIONER 267 

of the circuit, court or the judge of the superior court, and 
continues in office until removed by the court. As many 
master commissioners as are needed may be appointed. 

The master commissioner must be a competent attorney 
in good standing; must be a resident of the county seat; 
and must take an oath to support the State and Federal Con- 
stitutions and faithfully discharge the duties of his office." 

He receives the same fees as other officers for similar 
services; and when no fees are specified, the court allows, 
for the services performed, such compensation as is just and 
reasonabl e . 

From 1828 until 1853 the judge could appoint masters in 
chancery, 5 The powers and duties of a master in chancery 
were substantially the same as those of the present master 
commissioner . 6 



FUNCTIONS AND RECORDS 

The master commissioner is an officer of the circuit 
court or superior court, and assists the court in various ways 
when so directed by it. He decides and reports upon such 
matters of accounts and practices as may be referred to him; 
performs, under the direction of the court, all the duties 
which, according to the practice in chancery, pertain to this 
office; and has the powers and discharges the duties performed 
by masters in chancery before 1853. 7 

The master commissioner takes and ce r t i f i es a f f i da v i ts , 



1 Acts 1853, ch. 70 s sec. 1. Acts 1875; Burns 4-1914; Baldwin 1688-14. Acts 1881 (Spec. 
Sess.) ; Burns 4-3401; Baldwin 1280. 

2 Acts 1881 (Spec. Sess.}; Burns 4-3401; Baldwin 1280. 

3 Const. 1851, art. 15, sec. 4, 1 Rev. Stat. 1S52; Bums 49-101. Acts 1853, ch. 70, sec. 2. 
Acts 1881 (Spec. Sess.); Burns 4-3402; Baldwin 1281. 

4 Acts 1881 (Spec. Sess.); Burns 4-3406, 4-3407; Baldwin 1285, 1286. 
Acts 1819-20, ch, 11, sec. 1. Rev. L. 1824, ch. 73, sec. 

Rev. Stat. 1838, ch. 80, sec. 33. Rev. Stat. 1843, ch. 4, sec. 50. 



5 Acts 1819-20, ch, 11, sec. 1. Rev. L. 1824, ch. 73, sec, 30. Rev. L. 1831, ch. 72, sec. 33. 



Acts 1835-36 (general), ch. 23, sec. 1, Rev. Stat. 1838, ch. 80 (first act), sec. 33; ch. 80 (third act). 
Rev. Stat. 1843, ch. 4, sees. 86, 87. Acts 1853, ch. 70, sec. 7. 

These citations for the powers and duties of the master in chancery are also included in 
the footnotes covering the powers and duties of the master commissioner. 

7 Acts 1819-20, ch. 11, sec. 3. Rev. Stat. 1843, ch. 4, sees. 86, 87. Acts 1853. ch. 70, sec 
7. Acts 1881 (Spec. Sess.); Burns 4-3407; Baldwin 1286. 



268 TIPPECANOE COUNTY 

attestations, and acknowledgments; 8 tikes depositions; 9 and 
administers oaths and affirmations, 

He has power to issue subpoenas for such witnesses as 
are to appear before him, to compel their attendance, and 
to punish for contempt; and has power, under the direction 
of the court, to sell and convey real estate. ? 

The act of 1881 provided: "Whenever the office of judge 
shall become vacant, or, in case of the absence of all the 
judges competent to act, or whenever such judge or judges, 
by reason of interest, is or are incompetent to act, or un- 
able by reason of sickness, such master commissioner shall 
have all the power of any judge in vacation, to grant re- 
straining orders, injunctions, writs of habeas corpus, and 
writs of ne exeat, and to appoint receivers, and hear and de- 
termine ail motions and matters, and make all orders concern- 
ing the same." 18 In 1881 the Supreme Court of Indiana held 
that judicial powers could not be conferred on a master com- 
missioner, that all powers attempted to be conferred by this 
section were judi c i al , and that the enti re see t i on was void. 1 

When any matter is referred to a master commissioner 
to examine and report thereon, he must assign a time and 
place for proceeding therein, give notice thereof to each of 
the parties or their counsel, and proceed with all respon- 
sible diligence in such reference and with the leas t poss ible 
delay. He regulates such proceedings; has full authority to 
examine the parties in the cause upon oath; may require the 
production of all books, papers, vouchers, writings, and 
documents relating to such matters; may examine all wi tn esses 
produced by the parties before him; may order, to b© read be- 
fore him, the depositions of witnesses taken under a dsdimus; 



° Acts 1819-20, ch. 11, sec. 3. Rev. L. 1824, ch. 73, sec. 32. Rev. L. 1831, ch, 72, sec. 33. 
Rev. Stat, 1338, ch, 80 (first act), sec. 33; ch. 80 (third act), Rev. Stat, 1843, ch. 4. sees, 86, 87. 
Acts 1853, ch. 70, sec. 4. Acts 1881 (Spec. Sess.); Burns 4-3404; Baldwin 1283. 

9 Acts 1819-20, ch. 11, sec. 3. Rev. Stat. 1838, ch. 80 (third act). Rev. Stat. 1843, ch. 4, 
sees. 86, 87. Acts 1853, ch. 70, sec. 4. Acts 1881 (Spec. Sess.); Burns 4-3404; Baldwin 1283. 

1 ° Acts 1819-20, ch. 11, sec. 3. Rev. L. 1824, ch. 73, sec, 32, Rev, L. 1831, ch, 72, sec. 33. 
Rev. Stat. 1833, ch. 80 (first act), sec, 33; ch. 80 (third act). Rev. Stat. 1843, ch. 4, sees. 86, 87. 
Acts 1853. ch. 70, sec. 4. Acts 1881 (Spec. Sess.); Burns 4-3404; Baldwin 1283. 

1 1 Rev. Stat. 1838, ch. 80 (third act). Rev. Stat. 1843, ch. 4, sees. 86, 87. Acts 1853, ch. 
70, sec. 4, Acts 1881 (Spec. Sess.); Burns 4-3404; Baldwin 1283. 

1 2 Acts 1853, ch. 70, sec. 3. Acts 1881 (Spec. Sess,); Burns 4-3403; Baldwin 1282. 

1 3 Acts 1881 (Spec. Sess.); Burns 4-3408; Baldwin 1287. 

1 4 Shoultz v. McPheeters, 79 Ind. 373 (1881), 



JURY COMMISSIONERS 269 

may direct the mode in which the evidence shall be proved 
before him; aDd may direct all inquiries and proceedings 
necessary and proper to the justice and merits of the ease 
and right© of the parties. 15 

The master reports his findings to the court for its 
action. Exceptions to such report may be taken by the par- 
ties and heard by the court. 



XIII. JURY COMMISSIONERS 

LEGAL STATUS 

Under a mandatory act of 1881, Tippecanoe County hag 
two jury commissioners appointed annually by the judge of 
the circuit court. The commissioners must be electors of 
the county; must be of good moral character; must be of op- 
posite politics; and must not be a party to or be interested 
in any cause pending in the county which may be tried by 
jury. One commissioner must be a resident of the town or 
city in which the court is held. 

Each commissioner must take an oath that he will hon- 
estly, and without favor or prejudice, perform the duties of 
jury commissioner during his term of office; that, in select- 
ing persons to be drawn as jurors, he will select none but 
persons whom he believes to be of good repute for intelli- 
gence and honesty; that he will select none whom he has been 
or may be requested to select; and that in all of his selec- 
tions h® will endeavor to promote only the impartial admin- 
istration of justice. 3 

When a vacancy exists in the office, or when any com- 
missioner fails to act when required, the judge of the cir- 
cuit court must appoint some person to fill such vacancy or 
to act for the time being; and the appointee must possess 
the qualifications and take the same oath as was required 
of his predecessor. As compensation for his services, each 



1 5 Rev. Stat. 1843, ch. 46, sees. 69-72. Acts 1853, ch. 70, sec. 7. Acts 1881 (Spec. Sess.); 
Burns 4-3407; Baldwin 1286. 

1 6 Rev. L. 1831, ch. 72, sec. 33. Rev. Stat. 1838, ch. 80, sec. 33. Rev. Stat. 1843, ch. 46, 
sees. 78, 79. Acts 1881 (Spec. Sess.); Burns 4-3407; Baldwin 1286. 

1 Acts 1881 (Spec. Sess.), 1899; Burns 4-3801, 4-3302; Baldwin 1266, 1274. 

2 Acts 1899; Burns 4-3301; Baldwin 1266. Dale v. State, 200 Ind. 408, 164 N. E. 260. 

3 Acts 1881 (Spec. Sess.), 1899; Burns 4-3001; Baldwin 1266. 



270 TIPPECANOE COUNTY 

commissioner receives a per diem fixed by the judge of the 
circuit court. 4 

FUNCTIONS AND RECORDS 

Immediately after qualifying, the commissioners select 
the names of twice as many persons as will be required by 
law for service as grand and petit jurors in the courts of 
the county, for all the terms of courts within the calendar 
year next ensuing. These names are of 1 egal voters and citi- 
zens of the United States; are taken from the current tax 
duplicates and schedules; are written on separate slips of 
paper; and are deposited in a jury box f urn i shed by the clerk 
of the circuit court.' After depositing therein the names 
so selected, the box is locked and turned over to the clerk 
of the circuit court. The key to the box is retained by the 
commissioner who is not an adherent of the same political 
party as is the clerk. 

At 10 a. m. on the Monday immediately preceding the 
commencement of any term ef court, or at any time following 
said hour which may be practicable for such drawing, the 
clerk shakes the box; opens it in his office in the presence 
of the jury commissioners; and publ i cly draws there from such 
number of names of competent persons as the judge of such 
court shall order to be summoned as prospective jurors of 
such court. 

From 1852 until 1881 the board of commissioners selected 
the names from which grand jurors were drawn; 8 and the 
treasurer, auditor, and recorder selected the names from 
which petit jurors were drawn. " Prior to 1852 the board of 
commissioners selected the names from which both grand and 
petit jurors were drawn. 



4 Acts 1881 (Spec. Sess.), 1939; Burns, 1940 suppl., 4=3303; Baldwin, 1939 suppl., 1275. 

5 Acts 1881 (Spec. Sess.), 1939; Burns, 1940 suppl., 4-3304; Baldwin, 1939 suppl., 1267. 

6 Hid. 

7 Acts 1937; Burns, 1940 suppl., 4-3320; Baldwin, 1937 suppl., 1267-1. 

8 2 Rev. Stat. 1852, pt. 3, ch. 4, sec. 2, p. 387= Acts 1875 (Spec. Sess.), ch. 12, sec. 2. 

9 2 Rev. Stat. 1852, pt, 1, ch. 9, sec. 1, p. 24. Acts 1853, ch. 59, sec. 1. 

1 ° Acts 1817-18 (general), ch. 48, sees. 1, 2. Rev, L. 1824. ch. 56, sees, 1, 2, 5. Acts 
1825, ch. 16, sec. 7. Acts 1826-27, ch. 26, sees. 1, 3. Rev. L. 1831, ch. 53, sees. 1, 4, 5. Rev. 
Stat. 1838, ch. 57, sees. 1, 4, 5. Acts 1840-41 (general), ch. 44. Rev. Stat. 1843, ch, 50, sees- 1, 
3, 4, 7, 10. 



PROBATION OFFICER 2 71 

XIV. PROBATION OFFICER 

LEGAL STATUS 

Tippecanoe County has had a probation officer since 1929 
under the authority of a permissive act of 1927. He is ap- 
pointed for an indefinite term by the judge of the circuit. 
court and may be removed by the judge at any time. His 
authority expires with the expiration of the judge ' J s term. 
Recommendations for the discharge of a probation officer 
may be made by the state probation department, 1 

He must have successfully passed an examination eon = 
ducted by the state probation department, and been certified 
by such department, which determines all el igibi 1 i ty require- 
ments. He must be at least 21 years ©id; must be of good 
moral character; must be a citizen of the state; and must 
be (a) a college graduate, or (b) a high school graduate with 
1 year's experience in social welfare work, or ( c ) have had 
4 years' experience as- a paid probation officer. 

He receives a salary in an amount, fixed by the judge, 
not exceeding $2,500 per year, On allowance of the judge, 
the probation officer receives the actual expenses necessarily 
incurred by him in the performance of his official duties. 

When required by the judge the probation officer must 
post bond in an amount fixed by the judge. The bond is ap- 
proved and kept by the judge, 5 He must take an oath to sup- 
port the State and Federal Constitutions and faithfully dis- 
charge the duties sf his office, 6 

FUNCTIONS AND RECORDS 

The probation officer acts under the direction of the 
court and under the supervision of the state probation de- 
partment. He investigates all eases referred to him for in- 
vestigation by the court; furnishes to each probationer a 
written statement of the conditions of probation and instructs 



1 Const, 1851, art. 15, sec, 2, Acts 1927; Burns 9-2212; Baldwin 2363. Acts 1933; Burns 
9-2904; Baldwin 15340. Opinions of the Attorney General of Indiana, 1933, p. 581; 1935, p. 166. Civil 
Order Book 112, p. 601. 

2 Acts 1933; Bums 9-2304; Baldwin 15340, 

Q 

Iuforrnation obtained from Mrs, Emory T. Scholl, director of the state probation de- 
partment, on January 28, 1941, by William E. Chambers. 

4 Acts 1927; Burns 9=2212; Baldwin 2363, Acts 1933; Burns 9-2905; Baldwin 15341, 

5 Acts 1927; Burns 2213; Baldwin 2364. 

6 ConsT;. 1851, art. 15, sec. 4. 



272 TIPPECANOE COUNTY 

him regarding the same; keeps informed concerning the con- 
duet and condition of each probationer under his supervision 
by visiting, requiring reports, and otherwise aids and en- 
courages probationers to improve their conduct and condition; 
collects and issues receipts for money due from probationers; 
r.cts as parole officer over persons released on parole from 
any correctional institution upon request of authorities there- 
of and consent of the appointing judge; and has the power 
of a constable or sheriff in the execution of his duties. 7 

He may take under his supervision probationers trans- 
ferred from the jurisdiction of another court by sending to 
such court a written notice bearing the written approval of 
the judge of the court to which he is attached. 8 

He must attend conferences of probation officers or of 
judges arranged by the state probation depar tment f or a study 
of probation problems. 9 

The probation officer must keep a detailed record of 
his work and an accurate and complete account of all moneys 
collected by him. From time to time he reports to the judge 
concerning the conduct and condition of probationers, the 
moneys collected by him, and other information required by 
the judge. Such reports are made monthly and at the expira- 
tion of probation period of any probationer, and at such 
other times as required by the court. 

The duties of this office must be performed by the 
county director of public welfare when an order of the cir- 
cuit court so requires. 11 

260. [Probation Officer's Reports], 1937- . 1 f. d. 
Copies of probation officer's monthly reports to state pro- 
bation commission of adult and child delinquency cases, 
showing date of reports; names of probationer, county, judge, 
and probation officer; and number of cases, transfers, inves- 
tigations, visits, and interviews. Arr. chron. by dates 
of reports. No index. Typed. 12 x 14 x 24. Probation 
offr. off. 



7 Acts 1927; Bums 9-2212, 9-2213; Baldwin 2363, 2364. Acts 1903, 1905, 1907, 1913; Burns 9- 
2814, 9-2815; Baldwin 1761, 1762. Acts 1933; Burns 9-2903; Baldwin 15339. Acts 1921; Burns 28-509; 
Baldwin 6702. 

8 Acts 1927; Burns 9-2214; Baldwin 2365. 

9 Acts 1933; Burns 9-2905; Baldwin 15341. 

1 ° Acts 1927; Burns 9-2211, 9-2213; Baldwin 2362, 2364. 
1 Acts 1936; Burns, 1940 suppl., 52-1120; Baldwin, 1937 suppl., 14078-21. 



SHERIFF 273 

XV. SHERIFF 

LEGAL STATUS 

The office of sheriff has existed in Tippecanoe County 
ever since 1826 under the mandatory requirements of the Con- 
stitution of 1816 and the ConstitutioD of 1851. The sheriff 
is elected for a 2-year term by the voters of the county. 
No person is eligible to hold the office more than 4 years 
in any 6-year period. He is commissioned by the Governor 
of Indiana and holds office until his successor is elected 
and qualified. The sheriff must be an elector of the 
county at the. time of his election, must have been an inhab- 
itant thereof throughout the preceding year, must reside 
within the county after his election,'" must not bold any 
other lucrative o f f f i c e , 5 and must not practice law. 7 He 
must post bond in an amount between $5,000 and $15,000, to 
be approved by the board of commissioners and filed with 
the clerk of the circuit court. The sheriff must take an 



1 Cons!:. 1816, art. 4, sec. 25. ConsT:. 1851, art. 2, sec. 11; art. 6, sec. 2. Acts 1816-17, ch. 
9, sec. 13; ch. 13, sees. 5, 6. Acts 1817-18 (general), ch. 15, sec, 13; ch. 19, sees. 5, 6, Rev. I,. 
1824, ch, 35, sec, 13; ch. 59, sec. 1; ch. 100, sees, 5, 6, 8. Acts 1825-26, ch, 10. sec. 1 (Tippecanoe 
organization act). Rev. L. 1831, ch. 97, sec. 5. Rev. Stat. 1838, ch. 99 (first act), sec. 5, Rev. 
Stat. 1843, ch. 4, sees. 1, 10, 2 Rev. Stat. 1852; Burns 49-2801; Baldwin 5493. Gemmer v. State ex 
rel. Stephens, 163 Ind. 150, 71 N. E, 478 (1904), 

2 Const. 1816, art. 11, sec. 9. Const. 1851, art, 15, sec, 6, Acts 1816-17, ch. 9, sec. 13; ch, 
13, sees. 1, 8. Acts 1817-18 (general), ch. 19, sees. 1, 6-8. Rev. L. 1824, ch. 100, sees, 1, 6. Rev. 
L. 1831, ch. 97, sec. 1 . Rev. Stat. 1835, ch. 99 (first act), sees. 1, 6. Rev. Stat. 1843, ch, 4, sec. 
6. 1 Rev. Stat. 1852; Burns 49-201; Baldwin 13095, 

8 Const. 1851, art, 15, sec, 3. Acts 181647, ch. 13, sec, 5. Acts 1817-18 (special), ch, 3, 
sec. 4. Rev. Stat. 1838, ch. 99 (first act), sec. 5, 

4 Consft. 1816, art. 11, sec. 14. Cons!:. 1851, art. 6, sec. 4. 

5 ConsT:. 1816, art. 11, sec. 6. ConsT:. 1851, art. 6, sec. 6,. 

6 Consl. 1816, art. 11, sec. 13. ConsT:. 1851, art. 2, sec. 9. 

7 Rev. L. 1824, ch. 8, sec. 6. Rev. Stat. 1838, ch. 8 (first act), sec. 6. Acts 1865, ch. 42 
(misnumberd 62), sec. 2. Acts 1G31 (Spec, Sess.), ch. 37. sec. 115. Acts 1905; Burns 10-3102; Bald- 
win 2636. McCracken v. State, 27 Ind. 491 (1S67). 

3 Acts 1816-17, ch. 13, sees. 2-4, 8. Acts 1817-18 (genera!), ch, 19, sees, 2-4, 7. Acts 1818- 
19, ch. 8, sec. 2. Acts 1821-22, ch. 46, sees. 1, 2. Rev. L. 1824, ch. 69, sec, 4; ch, 86, sec. 18; ch. 
100, sees. 2, 8. Acts 1825, ch, 24, sec. 3. Acts 1826-27, ch. 49, sec. 2. Rev. L. 1831, ch. 97, sees. 
2, 3. Rev. Stat. 1838, ch. 76; ch. 99 (first act), sees. 3, 7, 8. Rev, Stat. 1843, ch. 4, sees, 86, 101; 
ch. 38, sees, 69, 70. Acts 1905; Bums 10-3708; Baldwin 2660. 1 Rev. Stat. 1852; Burns 49-104, 49- 
105, 49-120; Baldwin 13057, 13063, 13068. Acts 1851-52; Burns 49-123; Baldwin 13093. 2 Rev. Stat. 
1852, Acts 1937; Burns, 1939 suppl., 49-2801; Baldwin, 1937 suppl., 5493, 



274 TIPPECANOE COUNTY 

oaththat he will support the. State and Federal Cons ti tut ions 
and will faithfully discharge the duties of his office. 9 Be- 
fore 1853 he was entitled to certain exemptions from arrest. 

The sheriff receives a regular salary of $3,120 per 
year. - He is permitted to retain, as compensation for him- 
self, the fees charged for his services in the execution of 
process issued by courts outside of the county and in the 
collection of gross income taxes as directed by the state 
department of treasury. If the sheriff furnishes and main- 
tains the vehicles used in the discharge of his official 
duties, he is entitled to a mileage allowance at the rate of 
6 cents per mile for each mile necessarily traveled in serv- 
ing process, transporting persons to penal and benevolent 
institutions, and going for and returning fugitives. For 
each meal served to the prisoners in his charge ..the sheriff 
receives an allowance not exceeding 20 cents, as determined 
annually by the state examiner. - " 



9 ConsSt. 1851, art. 15, sec. 4, Acts 1817-18 (general), ch. 19, sees. 4. 8. Rev. L. 1824. 
ch. 100, sec. 4. Rev. L. 1831. ch. 97, sees. 4, 8. Rev. Stat. 1838, ch. 99 (first act), sec. 4. Rev. 
Stat. 1843, ch. 4, sees. 77, 92; ch, 38, sec. 71. Acts 1905; Burns 10-3708; Baldwin 2660. 1 Rev. Stat. 
1852; Burns 49-10], 49-102, 49-104; Baldwin 13054, 13055, 13057. Acts 1937; Burns, 1939 suppl., 49- 
2801; Baldwin, 1937 suppl., 5493. State ex rel. Chapman v. Lines 4 Ind. 351 (1853). 

1 ° Acts 1817-18 (general), ch. 54, sec, 3. Rev, L. 1824, ch. 78, sec. 3. Rev. Stat. 1843, 
ch. 52, sec. 6. 1 Rev. Stat. 1852, ch. 92, sec, 1 (repealing the foregoing laws). 

1 l Acts 181647, ch. 19, sec. 16. Acts 1817-18 (general), ch. 40, sec. 10; ch. 42, sec. 23. 
Acts 1825, ch. 17, sec. 8. Acts 1827-28, ch. 80, sec. 5. Acts 1828-29, ch. 16, sec. 9. Rev. L. 1831, 
ch. 20, sec. 26. Rev. Stat. 1838, ch. 4 (first act), sec. 1; ch. 21, sec. 26; ch. 23 (first act), sec. 9; 
ch. 33, sec. 12. Rev. Stat. 1843, ch. 7, sec. 27. 1 Rev. Stat. 1852, ch. 3, sec. 4; ch. 20, sec. 25. 
Acts 1933; Bums, 49-1004; Baldwin 7534. Acts 1879 (Spec. Sess.); Burns 49-2808; Baldwin 5503. 

1 2 Acts 1822-23, ch. 27, sec. 6; ch. 91, sec. 2. Rev. L. 1824, ch. 29, sees. 83, 84; ch. 41, 
sees. 2, 12. Rev, Stat. 1843, ch. 55, sec. 101. 1 Rev, Stat. 1852, ch, 70, sec. 1. Acts 1933; Burns 
49-1005; Baldwin 7535. Acts 1933, 1937; Burns, 1939 suppl., 49-1008; Baldwin, 1937 suppl., 7538. 
Acts 1932 (Spec. Sess.); Burns 49-1315, 49=1316; Baldwin 7573, 7574. Acts 1919, 1921; Burns 49-1318; 
Baldwin 13588-1. Acts 1933. 1937; Burns, 1939 suppl,, 64-2613 (a); Baldwin, 1937 suppl., 15993 (a). 
McFarlan v. State, 149 Ind. 149 (1897); Board of County Comrs. v. Baker 215 Ind. 163 19 N. E. (2d) 
250 (1939). Opinions of the Attorney General of Indiana, 1933, p. 582; 1934, p, 367; 1938, p, 303; 
1939, pp. 171, 258, 328. 

1 S Acts 1817-18 (general), ch. 32, sec. 8; ch. 61, sec. 6. Rev. L. 1824, ch. 77, sec. 7. 
Rev. L. 1831, ch. 22, sec. 9. Rev. Stat. 1838, ch. 82, sec. 3. Rev. Stat. 1843, ch. 55, sec. 19; ch. 
57, sees. 4, 9, 10. 1 Rev. Stat. 1852, ch. 58, sec. 11 (repealed by Acts 1937, ch. 157, sec. 3). 1 Rev. 
Stat. 1852; Burns 13-1012, 13-1013; Baldwin 13454, 13455. Acts 1935; Burns, 1939 suppl., 49-1323; Bald- 
win, 1935 suppl., 13455-1. Opinions of the Attorney General of Indiana, 1934, p. 107. 



SHERIFF 275 

For sufficient legal grounds the sheriff may be removed 
from office by the circuit court, after trial by jury on an 
accusation presented by the grand jury or verified by the 
oath of any person. If the sheriff is convicted of a felony, 
or of permitting the lynching of any prisoner in his custody, 
the judgment of conviction must declare his office vacant. 

Any vacancy in the office of sheriff is filled through 
appointment by the board of commissioners. The coroner 
performs the duties ©f sheriff until a new appointment is 
made. The appointee must take oath and post bond, as was 
required of his predecessor; and he holds office for the unex- 
pired term and until his successor is elected and qualified. 16 

The sheriff may appoint deputies and assistants under 
authority from the board of commissioners. One deputy may 
be appointed without such authorization. The county coun- 
cil fixes their salaries, which must be not less than $75 
nor more than $200 per month. The sheriff may require each 
deputy to give bond. Each deputy must take the oath required 
of the sheriff, may perform all the official duties of the 
sheriff, and is subject to the same regulations and penal- 
ties. The sheriff may remove such deputies and assistants 
at any time, and is responsible for their official acts. 17 



1 4 Consa. 1851, art. 2, sees. 6, 7; art. 6, sec. 8. Rev. L. 1824, ch. 22, sec. 8. Acts 1897, 
1899; Burns 49-821 to 49-834, 49-836; Baldwin 13154 to 13166, 13050, 13168. Acts 1875; Burns 49-837; 
Baldwin 13052. 

1 5 Acts 1905; Bums 10-3309, 10-3310; Baldwin 2530,2531. Acts 1897, 1899; Burns 49-834; 
Baldwin 13050. 

1 6 Con^t. 1851, art. 6, sec 9. Acts 1816-17, ch. 13, sees. 7, 9. Acts 1817-18 (general), ch. 
19, sees. 7, 9. Acts 1820 21, ch. 19, sec. 1. Acts 1822-23, ch. 13, sec. 3. Rev. L. 1824, ch. 100, 
sees. 7-9, 11. Rev. L. 1831, ch, 97, sees. 6, 7, 9. Rev. Stat. 1838, ch. 99 (first act), sees. 7, 9, 
p. 565. Rev. Stat. 1843, ch. 4, sees. 140, 155, 162, 163; ch. 38, sec. 83. Acts 1881 (Spec. Sess.); 
Burns 29-701; Baldwin 7081. 1 Rev. Stat. 1852; Burns 49-405, 49-408, 49-409; Baldwin 13104, 13106, 
13107. 2 Rev. Stat. 1852; Burns 49-2902; Baldwin 5437. Akers v. State ex rel. Kent, 8 Ind. 484 
(1856); State ex rel. Culbert v. Linkhauer, 142 Ind. 94, 41 N. E. 325 (1895). Information obtained 
from Omer Stokes Jackson, Attorney General of Indiana, on August 29, 1939, by W. Davis Ham- 
ilton. 

1 7 Acts 1818-19, ch. 17, sec. 3, Rev, L. 1824, ch. 100, sec. 10. Rev. L. 1831, ch. 97, 
sec. 10. Rev. Stat, 1838, ch. 99 (first act), sec, 10, p. 565. Rev. Stat. 1843, ch. 38, sec. 79. I 
Rev. Stat. 1852, Acts 1855, 1925; Burns 49-501; Baldwin 13108. 1 Rev. Stat. 1852; Burns 49-502, 49- 
503; Baldwin 13109, 13110. Acts 1921; Burns 49-504; Baldwin 13111. Acts 1933, 1935, 1937; Burns, 
1939 suppl., 49-1002; Baldwin, 1937 suppl., 7532. 2 Rev. Stat. 1852; Burns 49-2804; Baldwin 5496. 
Boaz v. Tate, 43 Ind. 60 (1873). Opinions of the Attorney General of Indiana, 1934, p. 256; 1937, 
p. 324. 



276 TIPPECANOE COUNTY 

FUNCTIONS AND RECORDS 

The sheriff is a conservator of the peace within the 
county. He is required to arrest without process all per- 
sons who within his view commit any criminal offense under 
the state laws, and detain them in custody during investiga- 
tion of the cause of the arrest;"' suppress all breaches of 
the peace, having authority to call to h i a aid the power of 
the county; j) pursue and commit to the county jail all fel- 
ons; J maintain the jail and take care of the prisoners con- 
fined therein (persons held for investigation, detained wit- 
nesses, defendants awaiting trial, insane persons, and con- 
victs);"' execute all process, orders, and county warrants 
directed to him by legal authority," and make returns 



1 8 Acts 1817-18 (general), ch. 4, sec. 2; ch. 20, sec. 1; ch. 57, sec. 9; ch. 62, sec. 4. Rev. 
L. 1331, ch. 21, sec. 10. Rev. Stat. 1838, ch. 22, sec. 10. Rev. Stat. 1843, ch. 13, sec. 72. 2 Rev. 
Stat. 1852; Burns 49-2802; Baldwin 5494. 

1 9 Acts 1817-18 (general), ch. 11, sec. 11; ch. 20, sec. 1; eh. 57, sec. 9. Acts 1820-21, ch. 
13, sec. 2. Rev. L. 1824, ch. 100, sec. 10. Acts 1329-30, ch. 46, sec. 16. Rev. L. 18.31, ch. 97, sec. 
10. Rev. Stat. 1838, ch. 99 (first act), sec. 10. Rev. Stat. 18-13. ch. 38, sec. 73; ch. 40. sees. 43-47. 
2 Rev. Stat. 1352; Burns 49-2802; Baldwin 5494. 

20 Acts 1816-17, ch. 10, sec. 15; ch. 32, sec. 9, Acts 1817-18 (general), ch. 4, sec. 2; ch. 
20, sec. 1. Rev. L. 1824, ch. 100, sees. 10, 14. Acts 1829-30, ch. 46, sec. 16. Rev. L. 1831, ch . 
97, sees. 10, 14. Rev. Stat, 1838, ch. 99 (first act), sec. 10. Rev. Stat. 1843, ch. 38, sees, 73, 80. 
2 Rev. Stat, 1852; Burns 49-2802; Baldwin 5494. 

21 Acts 1817-18 (general), ch. 20, sec. 1. Rev. L. 1824, ch. 100, sec. 10. Rev. Stat. 1838, 
ch. 99 (first act), sec. 10. Rev. Stat. 1843, ch. 38, sec. 73, 2 Rev. Stat. 1S52; Burns 43-2802; Bald- 
win 5494. 

22 Acts 1816-17, ch. 2, sec. 7. Acts 1817-18 (general), ch. 4, sec. 18; ch. 20, sec. 1; ch. 
32, sec. 8. Acts 1819-20, ch. 72, sec. 11. Acts 1822-23, ch. 89. Rev. L. 1824, ch. 46, sec. 3; ch, 77, 
sees. 2, 4, 7; ch. 100, sec. 10. Rev. L. 1831, ch. 42, sec. 3; ch. 75, sec. 7; ch. 97, sec. 10. Rev. 
Stat. 1838, ch. 73, sec. 3; ch, 82; ch. 83; ch. 99 (first act), sec. 10. Rev. Stat. 1843, ch. 38, sec. 
73; ch. 57. sec. 3. 1 Rev. Stat. 1852; Burns 13-1004, 13-1011; Baldwin 13453, 13465. 

' J ° Acts 1810-17, ch. 2, sec. 7. Acts 1817-18 (general), ch. 2, sec. 7; ch. 3, sees. 10, 35; 
ch. 5, sec. 39; ch. 11, sec. 11; ch. 20, sec. 1; ch. 27, sees. 2, 4; ch. 42, sec. 5; ch, 48, sees. 3, 4; ch. 
62, sees. 2-4; ch. 63, sec. 2, Rev. L. 1824, ch. 1, sec, 6; ch. 5, sec, 10; ch. 24, sec. 6. ch. 34, sec. 
12; ch. 56, sees. 3, 5; ch. 73, sees. 2, 22, 27; ch. 74, sees. 10, 41; ch. 86, sees. 5, 29, 42; ch. 100, sec. 
L0; ch. 117, sees. 1-3. Rev. L. 1831, ch. 1, sees. 1, 2; ch. 17, sec. 2; ch. 20, sec. 23; ch. 24, sec. 6; 
ch. 26, sec. 38; ch. 36, sec. 17; ch. 42, sec. 1; ch. 43, sees. 3, 8; ch. 49, sec. 2; ch. 53, sec. 2; ch. 73 
(misnumbered 78), sec. 10; ch. 81, sec. 4; ch. 97, sec. 10; ch. 103, sec. 1; ch. 108, sees. 2-4. Rev. Stat. 
1838, ch. 21, sec. 29; ch. 23 (first act), sec. 5; ch. 30, sec. 6; ch. 43, sec. 2; ch. 46, sec. 3; ch. 49, 
sees. 1, 2; ch. 57 (first act), sec. ?; ch. 81 (first act), sees. 10, 51; ch. 81 (sixth act), sec. 1, p. 463; 
ch. 99 (first act), sees. 10, 12. Rev. Stat. 1843, ch. 4, sec. 121; ch. 12, sec. 81; ch. 33. sees. 73, 76. 83; 
ch. 45, sees. 160-162, 170; ch. 46, sec. 7, 167-171; ch. 48, sees. 6, 9, 32, 100, 102; ch. 50, sees. 8, 14; 



SHERIFF 277 

9 4. 

thereon; and to preserve and maintain order in the cir- 
cuit court and superior court (also former ly in the probate 
court, court of common pleas, and criminal court). 

The sheriff makes arrests on warrants issued on indict- 
ments and affidavits, and detains the arrested persons in jail 



ch. 54, sees. 70. 93. 2 Rev. Stat. 1852, pt. 3, ch. 1, sees. 132. 134, p. 379; pt. 1, ch. 9, sec, 2, p. 24. 
Acts 1881 (Spec. Sess.); Burns 2-802 et seq., 3-522, 3-1910 to 3-1912, 3-2705; Baldwin 83 et seq., 791, 
1026 to 1029, 1202. Acts 1859; Burns 4-3308; Baldwin 1279. Acts 1907; Burns 9-821; Baldwin 2117. 
Acts 1905; Burns 10-3707; Baldwin 2654. 2 Rev. Stat. 1852; Burns 49-2803; Baldwin 5493. 

24 Acts 1816-17, ch. 4, sees. 6, 31. Acts 1817-18 (general), ch. 3, sees. 4, 5, 10; ch. 10, 
sec. 14; ch. 22, sec. 11; ch. 40, sees. 6, 7, Acts 1820-21, ch, 1, see. 3. Acts 1821-22, ch. 64, sec. 2. 
Rev. L. 1824, ch. 40, sec. 22; ch. 45, sec. 14; ch. 73, sec. 4; ch. 74, sec. 8; ch. 99, sec. 2. Rev. L. 
1831, ch. 36. sees. 17, 28; ch. 72, sec. 4; ch. 73 (misnumbered 78), sees. 8, 51. Rev. Stat. 1838, ch. 
6, sec. 6; ch. 80, sec. 4; ch. 81, sec. 8; ch. 99 (first act), sec. 13; ch. 112, sec. 1. Rev. Stat. 1843, 
ch. 40, sees. 26-29, 32, 457, 469; ch. 41, sec. 14; ch. 48, sees, 10, 73; ch. 54, sees. 19, 70. 2 Rev. Stat. 
1852, pt. 1. ch. 9, sec. 2, p. 24; pt. 2, ch. 1, sees. 109, 415, pp. 52, 131 (both repealed by Acts 1863, 
ch. 5, sec. 5); pt. 3, ch. 1, sec. 139, p. 380 (repealed by Acts 1881 (Spec. Sess.), ch. 36, sec. 323); 
pt. 3, ch. 4, sec. 6, p. 387. Acts 1881 (Spec. Sess.); Burns 3-1913, 3-1914; Baldwin 1029, 1030. Acts 
1905; Burns 9-1034; Baldwin 2179. 

2 5 Circuit court. Acts 1816-17, ch. 1, sees. 6, 9, 10; ch. 5, sec. 51, Acts 1817-18 (general), 
ch, 20, sec, 1. Acts 1821-22, ch. 64, sec. 4, Rev. L. 1824, ch. 100, sec, 10. Acts 1817-18 (general), 
ch. 20, sec. 1. Rev. Stat. 1838, ch. 99 (first act), sec. 10. Rev. Stat. 1843, ch. 38, sec. 73. 2 Rev. 
Stat. 1852, pt. 1, ch. 6, sec. 4, p. 11. 

Superior court. Acts 1875, ch. 39, sees. 3, 4 (local law). 

Probate court (1829 to 1853), Acts 1828-29, ch. 26, sec. 3. Rev. L. 1831, ch. 25, sees. 7, 
48. Rev. Stat. 1838, ch. 24, sees. 7, 10. Rev. Stat. 1843, ch. 39, sees. 12, 17, 42, 45. Court abol- 
ished. 1 Rev. Stat. 1852, ch. 92, sec. 1. 2 Rev. Stat. 1852, pt. 1, ch. 8, sec. 43, p. 23. 

Court of common pleas (1848 to 1852). Acts 1847-48 (general), ch. 34, sec, 9 (local law), 
Court abolished. Acts 1851-52, ch. 32, sees. 1, 2 (local law). 

Court of common pleas (1853 to 1873). 2 Rev. Stat. 1852, pt. 1, ch. 8, sec. 25, p. 20. Court 
abolished. Acts 1873; Burns 4-328; Baldwin 1417. 

Criminal court (1867 to 1875). Acts 1867, ch. 26, sec. 1 (local law). Court abolished. Acts 
1875, ch. 39. sec. 25 (local law). 

26 Acts 1816-17, ch. 2, sec. 7; ch. 24, sec. 3; ch. 32. sec. 9. Acts 1817-18 (general), ch. 2, 
sec. 7; ch. 4, sec. 2; ch. 20, sec. 1; ch. 27, sec. 2; ch. 36, sec. 1; ch. 62, sec. 2; ch. 78, sec. 3. Acts 
1818-19, ch. 7, sec. 2. Acts 1819-20, ch. 25. Acts 1820-21, ch. 13, sec. 2. Acts 1821-22, ch. 64, sees. 
2, 3. Rev. L. 1824, ch. 40, sees. 14, 17; ch. 46, sees. 1, 3; ch. 47, sees. 1-3; ch. 50, sec. 1; ch. 75, 
sees. 3, 4; ch. 77, sec. 4; ch. 99, sec. 2; ch. 114, sees. 2, 4. Rev. Stat. 1838, ch. 27, sec. 14; ch. 28, 
sec. 4; ch. 45, sees. 1-4; ch. 48, sec. 2; ch. 51, sees. 1, 7. Rev. Stat. 1843, ch. 20, sees. 1, 22; ch. 
45, sec. 185; ch. 54, sees. 18, 20. 2 Rev. Stat. 1852, pt. 2, ch. 1, sees. 106, 107, p. 51. Acts 1905, 
1937; Burns, 1940 suppl., 9-1001; Baldwin, 1937 suppl., 2134. 1 Rev. Stat. 1852, 1865 (Spec. Sess.); 
Burns 13-1009; Baldwin 13463. 



278 TIPPECANOE COUNTY 

or releases them on bail as provided by law; 27 formerly 
set trial dates for prisoners unable to make bail;" 8 form- 
erly adjourned court when the judge was absent; 29 serves 
summonses in cases of misdemeanors; 3 ' deputises bystanders 
to aid him in protecting persons from being lynched; 01 calls 
the petit jury for civil and criminal cases as prescribed by 
law or directed by the court;' 3 " performs the duties of bail- 
iff of the circuit court and superior court if no bailiff is 
appointed by the judge of those courts; 00 transports persons 
committed to the charitable, correctional, and penal institu- 
tions operated by the state; " sells certain es trays° ' s , and 
driftage; 03 seizes and sells property as directed by any cir- 



Proceedings by insolvent debtor to obtain release on assignment for benefit of creditors 
Acts 1817-13 (general), ch. 61, sees. 1-3, 5, 6, Acts 1819-20, ch. 72, sees. 10, 11. Acts 1820-21, ch. 
5, sec. 1. Acts 1822-23, ch. 49, sec. 3, Rev. L. 1824, ch. 54, sees. 1-4, 10, 11, 14. Acts 1328-29, ch. 
32, sees. 1, 2, Rev. L. 1831, ch. 27, sec. 14. 

7 Acts 1816-17, ch. 4, sees. 7, 10. Acts 1817-18 (general), ch. 2, sec. 7; ch. 3, sees. 6, 9. 
Acts 1821-22, ch. 23, sec. 8. Acts 1822-23, ch. 23. Rev. L. 1824, ch. 23, sec. 3; ch. 29, sees. 70, 82; 
ch. 40, sec. 14; ch. 77, sec. 2; ch. 100, sec. 10. Rev. L. 1831, ch. 26, sec. 90; ch. 97, sec. 10. Rev. 
Stat. 1838, ch. 26, sec. 90; ch. 51, sec. 8. Rev. Stat. 1843, ch. 54, sec. 21; ch. 57, sees. 22, 23. 2 
Rev. Stat. 1852, pt. 2, ch, 1, sec. 108, p. 51. 

8 Acts 1825, ch. 17, sees. 1, 3, 6, 7. 

39 Acts 1316-17, ch. I, sec. 10. Acts 1817-18 (general), ch. 2, sec. 10. Rev. L. 1824, ch. 
24, sec. 8. Rev. L. 1831, ch. 22, sec. 7. Rev. Stat. 1838, ch. 23 (first act), sec. 7. Rev. Stat. 1843. 
ch. 38, sec. 34. 

8 ° Acts 1905, 1937; Burns, 1940 suppl., 9-1001; Baldwin, 1937 suppl., 2134. Acts 1939; 
Burns, 1940 suppl., 47-2307, 47-2308; Baldwin, 1939 suppl., 11189-174, 11189-175. 

3 L Acts 1817-18 (general), ch. 48, sec. 3. Rev. L. 1824, ch. 100, sec. 14. Acts 1905; 
Burns 10-3309, 10-3310; Baldwin 2530, 2531. State ex tel. Maxwell v. Dudley, 161 Ind. 431, 68 
N. E. 899 (1903). 

2 Acts 1881 (Spec. Sess.); Burns 2-2002; Baldwin 327. Acts 1905; Burns 9-1501; Baldwin 
2246. 

33 Acts 1921, 1935; Burns, 1939 suppl., 4-3107; Baldwin, 1935 suppl., 1256. 

3 4 Rev. L. 1824, ch. 29, sees. 83, 84. Rev. L. 1831, ch. 28, sees. 86, 87; ch. 41, sees. 25, 
26. Rev. Stat. 1838, ch. 26, sees. 86, 87. Rev. Stat. 1843, ch. 54, sec. 74. 2 Rev. Stat. 1852, pt. 3, 
ch. 1, sees. 136-7, p. 379. Acts 1905; Burns 9-2232, 22-2013; Baldwin 2339, 4206. Acts 1927; Burns 
22-1213; Baldwin 4305. Acts 1911; Burns 22-1716; Baldwin 4220. Acts 1919; Burns 22-1S09; Baldwin 
4264. 

3 5 Rev. L. 1831, ch. 35, sec. 8. Rev. Stat. 1838, ch. 37, sec. 8. Rev. Stat. 1843, ch. 21, 
sec. 13. 1 Rev. Stat. 1852; Burns 51-311; Baldwin 13238. 

Rev. L. 1831, ch. 35, sec. 9. Rev. Stat. 1838, ch. 37, sec. 10. Acts 1901, 1913; Burns 
51-332; Baldwin 13259 



SHERIFF 279 

cuit court or superior court," 5 takes security bonds in connec- 

• 3 8 

tion with such seizures and sales, and executes conveyances 
to the purchasers ; ° * collects fee-bills issued by authorized 
public officials; } executes the process of the Supreme Court 
of Indiana, 41 the Appellate Court of Indiana, 42 the state 
board of tax commissioners, ' the state department of treas- 
ury (collection of gross income tax), the state unemploy- 



3 7 Acts 1816-17, ch. 5, sec. 51. Acts 1817-18 (general), ch. 3, sec. 4, ch. 4; sec. 18; ch. 
6, sec. 3; ch. 7, sees. 2, 8, 22; ch. 10, sees. 10, 14; ch. 11, sees. 1, 4; ch. 22, sees. 2-6, 8; ch. 24, 
sec. 2; ch. 40, sees. 6, 7; ch. 61, sees. 2, 3; ch. 66, sec. 1. Acts 1819-20, ch. 56, sees. 1-3. Acts 
1821-22, ch. 4, sees. 4-6; ch. 14, sec. 1; ch. 79, sec. 2, Acts 1822-23, ch. 48, sec. 10. Rev. L. 1824, 
ch. 5, sees. 2, 8, 10, 13, 22, 26, 28; ch. 6, sec. 4; ch. 34, sees. 2, 5, 11; ch. 39, sec. 6; ch. 40, sees. 
3-5, 7-10. 12, 14, 17-19; ch. 45. sec, 10; ch. 85, sec. 6; ch. 99, sec. 2; ch. 114, sec. 3. Acts 1825, ch. 
23, sec. 1. Acts 1829-30, ch. 35, sec. 1. Rev. L. 1831, ch. 6, sees. 6, 7; ch. 7, sec. 5; ch. 36, sees. 
2, 6, 11, 25, 26; ch. 79, sec. 5; ch. 80, sec. 6. Rev. Stat. 1838, ch. 6, sees. 6, 7, 11, 18; ch. 7 (first 
act), sec. 5; ch. U, sees. 25, 26; ch. 88, sees. 4-6. Rev. Stat. 1843, ch. 40, sees. 371-384, 390-392, 
407, 413-423; ch. 41, sees. 12-14, 30, 50; ch. 42, sec. 17; ch. 40, sec. 167. 2 Rev. Stat. 1852, pt. 2, ch. 

I, sees. 445, 446. 457, 458, pp. 137, 139. Acts 1881 (Spec. Sess.); Burns 2-2601, 3-1819; Baldwin 574, 
1014. 

38 Acts 1816-17, ch. 6, sec. 1. Acts 1817-18 (general), ch. 3, sees. 6, 9; ch. 4, sec. 18; ch. 

II, sec. 10; ch. 42, sees. 24, 26. Acts 1821-22, ch. 4, sees. 4, 5; ch. 23, sec. 8; ch. 43 s sec, 4. Acts 
1822-23, c.h.46, sec. 4; ch. 48, sec. 10. Rev. L. 1824, ch. 34, sees. 11, 12; ch. 40, sec. 100; ch. 85, 
sec. 5. Acts 1825, ch. 23, sees. 4, 5. Acts 1829-30, ch. 35, sec. 1. Rev. L. 1831, ch. 15. sec. 7; 
ch. 80, sec. 5. Rev. Stat. 1838, ch. 14 (first act), sec. 5; ch. 26, sec. 91; ch. 39 (first act); ch. 88, 
sec. 5. Rev. Stat. 1843, ch. 40. sees. 385-387; ch. 41, sec. 34. 

3 9 Acts 1820-21, ch. 19, sec. 6. Rev. Stat. 1843, ch. 40, sees. 424-426. 2 Rev. Stat, 1852, 
pt. 2, ch. 1, sec. 472, p. 143. Acts 1S81 (Spec. Sess.); Burns 2-4101; Baldwin 619. Acts 1831; 
Burns 3-1806; Baldwin 1008. 

4 ° Acts 1817-18 (general), ch. 40, sees, 5-7, 9; ch. 66, sec. 1. Acts 1822-23, ch. 26, sees. 
1-3. Rev. L. 1824, ch. 24, sec. 13; ch. 41, sees. 7, 9; ch. 72, sec. 23; ch. 100, sec. 11. Acts 1825, 
ch. 24, sees. 1-3. Rev. Stat. 1838, ch. 40 (first act), sees. S, 15, 16, 19; ch. 99 (first act), sec. 11. 
Acts 1881 (Spec. Sess.); Burns 2-3303, 2-3318; Baldwin 525, 528. Acts 1875 (Spec. Sess.); Burns 49- 
1425, 49-1426: Baldwin 13119, 13120. Acts 1855; Burns 49-1427, 49-1428; Baldwin 13122, 13123. 

4 - 1 Acts 1816-17, ch. 1, sees. 6, 9, 10. Acts 1817-18 (general), ch. 1, sees. 6, 9, 10, Acts 
1822-23, ch. 91, sees. 1, 3. Rev. L. 1824, ch. 1, sec. 6; ch. 25, sees. 6, 12; ch. 100, sec. 13. Rev. L. 
1831, ch. 24, sec. 6; ch. 97, sec. 13. Rev. Stat. 1338, ch. 25, sees. 11, 12, 19. Rev. Stat. 1843, ch. 
37, sees. 126-133, 137. Acts 1891; Burns 4-228, 4-230; Baldwin 1375, 1378. 2 Rev. Stat. 1852; Burns 
49-2203; Baldwin 1339. 2 Rev. Stat. 1852, Acts 1889; Burns 49-2204; Baldwin 1340. 

42 Acts 1891; Burns 4-228; Baldwin 1375. 

4 S Acts 1919; Burns 64-1303; Baldwin 10705. 

4 4 Acts 1933, 1937; Burns, 1939 suppl., 64-2613 (a); Baldwin, 1937 suppl., 15993 (a). Opin- 
ions of the Attorney General of Indiana, 1938, p. 303; 1939, pp. 171, 258. 



280 TIPPECANOE COUNTY 

ment compensation board (collection of assessments against 
employers), 45 the state industrial board, 46 the county board 
of election commissioners, and the county board of canvas- 
when officially directed to do so; attends sessions 
of the board of commissioners, 8 county council, 9 and board 
of review, 5 and executes the orders of those boards; issues 
licenses for the retail sale of pistols; 6 makes investiga- 
tions of poultry dealers, and receives weekly reports from 
them; 52 kills unlicensed dogs after June 15 each year; 5 
assists the state board of health in the administration of 
laws concerning contagious diseases; and gives public no- 
tice of the holding of elections. In the early days of the 
county he performed various duties concerning elections 5 and 

45 Acts 1936 (Spec. Sess.), 1939: Burns, 1939 suppl., 52-1514 (b); Baldwin. 1939 suppl.. 
10158-61. 

4 6 Acts 1937; Burns, 1939 suppl., 40-2217(a); Baldwin, 1937 suppl.. 16515(a). 
4 7 Acts 1905; Burns 29-1408; Baldwin 7384. 

4 8 Acts 1816-17, ch. 15, sec. 6. Rev. L. 1824, ch. 15, sec. 5; ch. 16, sec. 6; ch. 86, sees. 5, 

29, 42. Acts 1826-27, ch. 13, sec. 6. Acts 1827-28, ch. 77, sec. 19. Acts 1828-29, ch. 16, sec. 6; ch. 

17, sec. 6. Rev. L. 1831, ch. 20, sec. 6; ch. 81, sec. 3; ch. 82, sec. 48. Rev. Stat. 1843, ch. 7, sees. 

5, 25. 1 Rev. Stat. 1852; Burns 26-611; Baldwin 5226. 
49 

5 ° Acts 1919, 1920 (Spec. Sess.); Burns 64-1201; Baldwin 15700. 

5 1 Acts 1935, 1937; Burns, 1939 suppl., 10-4742; Baldwin, 1937 suppl., 2569-9. 
Forms for these licenses are prescribed by the superintendent of the state police. Ibid. 
2 Acts 1917, 1929, 1932 (Spec. Sess.); Burns 42-803(b); Baldwin 10487. Acts 1903; Burns 
nvci 8541. 
Acts 1937; Burns, 1939 suppl., 16-330; Baldwin, 1937 suppl., 3811-14. 



35-411; Baldwin 8541 
53 



5 4 Acts 1917; Burns 35-504; Baldwin 8546. 

5 5 Acts 1816-17, ch. 9, sec. 15; ch. 12, sec. 5. Acts 1817-18 (special), ch. 3, sees. 1, 3. 
Acts 1817-18 (general), ch. 17, sec. 1; ch. 49, sec. 5. Rev. L. 1824, ch. 35, sec. 15; ch. 36, sec. 1; 
ch. 37, sec. 1; ch. 59, sec. 3. Acts 1827-28, ch. 80, sec. 1, 5. Acts 1829-30, ch. 47. Rev. L. 1831, 
ch. 59, sec. 4. Rev. Stat. 1838, ch. 33, sec, 11; ch. 34, sees. 1, 3. Rev. Stat. 1843, ch. 5, sees. 8, 
10, 12, 76, 135; ch. 18, sees. 21-24; ch. 25, sec. 73. 1 Rev. Stat. 1852, ch. 31, sec. 2; ch. 119, sec. 2. 
Acts 1881 (Spec. Sess.); Burns 29-702, 29-1703; Baldwin 7082, 7248. Demaree v. Johnsou, 150 Ind. 
419, 49 N. E. 1062 (1897). 

5 5 Acts 1816-17, ch, 9, sees. 1, 16, 22; ch. 12, sec. 5; ch. 14, sees. 2, 6, 6. Acts 1817-18 
(special), ch. 3, sees. 1-3. Acts 1817-18 (general), ch. 15, sees. 1, 15, 16. 19, 22; ch. 17, sees. 1, 8; 
ch. 49, sec. 5. Acts 1822-23, ch. 13, sees. 1, 2, Rev. L. 1824, ch. 35, sees. 16, 22; ch. 36, sac. 1; ch. 
37, sec. 2; ch. 59, sec. 3. Acts 1826-27, ch. 13, sec. 20. Rev. L. 1831, ch. 23. sec. 2; ch. 32, sees. 
1, 16, 19, 22; ch. 57, sees. 1, 3. Rev. Stat. 1838, ch. 32, sees. 1, 28, 34; ch. 33, sec. 2; ch. 61, sees. 
1-3. Rev. Stat. 1843, ch. 5, sees. 57, 58, 90, 91, 101, 110, 114, 115, 136. 1 Rev. Stat. 1852, ch. 32, 
sec. 3; ch. 34, sees. 7, 8. Acts 1889, ch. 87, sec. 15. Acts 1891, ch. 94, sec. 2. 



SHERIFF 281 

the distribution of journals and session laws of the legis- 
lature. 5 '' Formerly he was required to bring suit for statu- 
tory penalties against persons parsing bank notes issued by 
banks located outside the state. 58 

The sheriff keeps in his office, open to public inspec- 
tion, written information (furnished by the state department 
of public safety) as to motor vehicle operators' and chauf- 
feurs 7 licenses issued, denied, suspended, revoked, and exist- 
ing in the state. Information concerning stolen motor 
vehicles is reported by the sheriff to the state motor vehicle 
commissioner. The sheriff receives reports of deaths re- 
sulting from the operation of motor vehicles in the county 
(except in cities and towns), makes immediate investigations 
concerning such deaths, and reports the facts to the state 
department of public safety within 24 hours thereafter. 6 
All arrests made by the sheriff for the violation of laws 
concerning the operation of motor vehicles a r e reported by 
him to the state motor vehicle commissioner. 

For public displays of fireworks in the county (except 
in cities and towns), the sheriff approves the location, 
operator, permit, and indemnity bond, in accordance with 
regulations prescribed by the state fire marshal. 6 From 
1911 until 19S5 the sheriff assisted local health authorities 
in quarantining, muzzling, and killing dogs in accordance 
with the laws concerning hydrophobia. 6 " 

The sheriff charges the fees provided by law for the serv-= 
ices he performs and pays the same over to the treasurer."' 

5 7 Acts 1825, ch. 34. sees. 6, 7, Rev, Stat. 1843, ch. 6, sees. 73, 75. 
5 8 Rev. Stat. 1838, ch. 75, sec. 2, 

5 9 Acts 1927, ch. 33, sec. 3. Acts 1937, 1939; Burns, 1939 suppl., 47-442; Baldwin, 1939 
suppl., 11317-11. 

6 ° Acts 1921; Burns 47-314; Baldwin 11142. 

6 l Acts 1333, ch. 183, sec, 2. Acts 1937, ch, 129, sec, 1. Acts 1939; Burns, 1939 suppl., 
47-1915, 47-1916; Baldwin, 1939 suppl.. 11189-54, 11189-55. 

62 Acts 1937; Burns, 1939 suppl., 47-448; Baldwin, 1937 suppl., 11317-17.. 

6 S Acts 1939; Burns, 1939 suppl., 204102; 20-1103; Baldwin, 1939 suppl.., 2542-2, 2542-3. In- 
formation obtained from Clem Smith, state fire marshal, on April 15 ,1940, by W, Davis Hamilton. 

6 4 Acts 1911, ch. 98, sees. 5, 6 (repealed by Acts 1935, ch. 27!, sec. 1). 

6 5 Acts 1817-18 (general), ch. 40, sec. 9. Rev. L. 1824, ch. 24, sec. 13; ch. 41, sees. 2, 9; 
ch, 72, sec. 23. Rev, L, 1831, ch. 35. sec, 8. Rev. Stat. 1843, ch, 5, sees. 120, 121; ch. 21, sec. 13; 
ch. 38, sec. 75. 1 Rev. Stat. 1852, ch. 37, sees. 1, 6, Acts 1871, ch. 17, sec. 20. Acts 1933; Burns 
49-1005; Baldwin 7535. Acts 1895, 1905, 1915, 1919; Burns 49-1311; Baldwin 7570. Acts 1932 (Spec. 
Sess.); Burns 49-1312, 49-1315, 49-1316; Baldwin 7571, 7574. Acts 1919, 1921; Burns 49-1318; Baldwin 
13588-1. Acts 1895, 1903, 1913; Burns 42-1402; Baldwin 7577. 



282 TIPPECANOE COUNTY 

Fines imposed by the circuit court are collected by him 
and* paid ever to the county treasurer. 66 

If on account of death, sickness, or other casualty the 
judge of the circuit court fails for 3 consecutive days to 
attend court during terrntime, the auditor, sber i f f , and clerk 
of the circuit court, acting together, may appoint a tem- 
porary judge to serve until the return of the regular judge 
or until his successor is named. 67 

Whenever the sheriff is unable to attend to his duties, 
the coroner performs them; and if both the sheriff and 
coroner are unable to act, it is then the duty of the judge 
of the circuit court to appoint an elisor who discharges the 
sheriff's duties until the disability of the sheriff or 

j 6 9 

coroner is removed. 

The sheriff keeps a record of the service of process' 1 
and a record of executions. He makes an annual written 
report, under oath, to the circuit court showing all exe- 
cutions and other process in his hands, what levies he has 
made, the amount of money collected on each execution, 
and when service thereof was made, which report is to be 
entered in the order book of the circuit court. 7 He keeps 
a jail record, a poultry dealers' record, and fee and 

6 Acts 1816-17, ch. 17, sec. 6; ch. 27, sec. 1. Acts 1817-18 (general), ch. 44, sec. 6; ch. 
72, sees. 2, 3; ch. 79, sec. 1. Acts 1817-18 (special), ch. 4, sec. 1. Acts 1820-21, ch. 19, sec. 1. 
Acts 1822-23, ch. 26, sees. 2, 3. Rev. L. 1824, ch. 22, sec. 8; ch. 29, sec. 80; ch. 57, sec. 42; ch. 
100, sec. 11. Acts 1825, ch. 69, sec. 1, 2. Acts 1871, ch. 17, sec. 20. Acts 1905, 1927; Burns 9-2226 
to 9-2228; Baldwin 2332, 2334, 2335. 

Fines imposed by justices of the peace. Rev. L. 1824, ch. 57, sec. 42. 

6 7 Acts 1816-17, ch. 2, sec. 10. 2 Rev. Stat. 1852, pt. 1, ch. 4, sees. 4, 17. Acts 1881 (Spec. 
Sess.); Burns 4-3103; Baldwin 1261. 

6 8 Acts 1816-17, ch. 13. sec. 9. Acts 1817-18 (general), ch. 19, sec. 9. Rev. L. 1824, ch. 
100, sec. 9. Rev. L. 1831, ch. 97, sec. 9. 2 Rev. Stat. 1852, Acts 1933; Burns 49-2901, 49-2902; 
Baldwin 5436, 5437. 

6 9 Acts 1825-26, ch. 42, sec. 20. Rev. Stat. 1838, ch. 8 (second act), sec. 11, p. 460. 2 
Rev. Stat. 1852; Burns 4-322; Baldwin 1411. 

Acts 1816-17, ch. 4, sec. 31. Acts 1817-18 (general), ch. 32, sec. 6. 

Record required by the state board of accounts. Acts 1909; Burns 60-202; Baldwin 13855. 

Information obtained from E. P. Brennan, state examiner, on May 18, 1939, by W. Davis Hamilton. 

7 l Rev. L. 2824, ch. 57, sec. 42. Acts 1825, ch. 69, sees. 1, 2. Acts 1827-28, ch. 88, sec. 3. 

Rev. Stat. 1843, ch. 57. sees. 14-16. Acts 1905; Burns 9-1034; Baldwin 2179. 1 Rev. Stat. 1852; Burns 

13-1015, 13-1016; Baldwin 13457, 13458. 2 Rev. Stat. 1852; Burns 49-2807; Baldwin 5502. 

2 Acts 1817-18 (general), ch. 32, sees. 6, 8. Rev. L. 1831, ch. 75, sec. 5. Rev. L. 1838, 
ch. S3, sec. 5. Acts 1909; Burns 13-1007; Baldwin 13459. 

7 S Acts 1917. 1929, 1932 (Spec. Sess.); Burns 42-803; Baldwin 10487. 



(261-264) SHERIFF 283 

cash records. 74 Quarterly and at the end of his term of 
office he reports to the auditor the amount of all fees col- 
lected during the time intervening since his last preceding 
report. 75 

Service on Writs 

261. SHERIFF'S DOCKET, 1872-79. 8 vols. (Q, T, U, W, 
1, 4, 5, 9). 

Record of services on writs issued in civil, criminal, and 
probate causes, showing dates of writ, service, and return; 
names of plaintiff, defendant, and witnesses; cause number; 
kind of writ; and amounts of costs and fees. Arr. chron. 
by dates of services. Indexed alph. by names of plaintiffs 
and defendants. Hdw. 575 pp. 18 x 12 x 3 l / 2 . Sher. off. 

Executions on Judgements 
(See also entries 138-149, 197, 237-239, 251, 257) 

262. Sheriff's Sale of Real Estate, 1879-. 3 vols. (1-3). 
Record of sheriff's sales of real property to satisfy judg- 
ments, showing dates of publication and sale, names of prop- 
erty owner and purchaser, location and descripti@n of prop- 
erty, and amounts of sale and judgment. Arr. chron. by dates 
of sales. Indexed alph. by names of owners and purchasers. 
Hdw. 345 pp. 17 x 14 x 2. Sher. off. 

263. Register of Executions, 1891- . 9 vols. (1-5; 1vol. 
unlabe led ; 2-4) . 

Record of services on writs for execution of judgments, 
showing dates of writ, service, and return; names of plain- 
tiff, defendant, and attorneys; cause number; kind of writ; 
amounts of judgment, interest, and costs; sheriff's return; 
and volume and page reference to Cash Book, entry 269, Arr. 
chron. by dates of writ. Indexed alph. by names of plain* 
tiffs and defendants. Hdw. 400 pp. 18 x 12 x 2%. Sher. off. 

264. Register of Foreign Executions, 1897-. 2 vols. (1, 2). 
Record of service on writs issued by courts of other coun- 
ties, showing date, number, and kind of writ; dates of serv- 
ice and return; names of county, plaintiff, defendant, and 
witnesses; amount of costs; cause number; and sheriff's re- 
turn. Arr. chron. by dates of writs. Indexed alph. by names 
of counties. 210 pp. 18 x 12 x 2y 2 . Sher. off. 



7 4 Acts 1871, ch. 17, sees. 17, 20. Acts 1891, eh. 194, sees. 124, 125. Acts 1895; Burns 49- 
1401; Baldwin 7576. Acts 1895, 1903, 1913; Burns 49-1402; Baldwin 7577. 

7 5 Acts 1871, ch. 17, sec. 20. Acts 1895, 1903, 1913; Burns 49-1402; Baldwin 7577. 



284 TIPPECANOE COUNTY (265-269) 

JAIL RECORDS 

265. JAIL RECORD, CITY, 190 4~. 4 vols. Title varies: 
Daily Reports of Arrests, 1914-36, 1 vol. 

Register of persons committed to city jail, showing dates 
and time of commitment and d i schar ge ; name, age, sex, color, 
residence, and birthplace of prisoner; name of court; nature 
of charge; amounts of bail, board, cost, and fees; and number 
of meals served. Arr„ chron by dates of commitments. No 
index. Hdw. 478 pp. 17 x 14 x 2 l A- Sher off. 

266. Jail Register, 19 16-, 2 vo 1 s . ( 1 vo 1 . us I abe I ed ; 2). 
Register of persons committed to county jail, showing date 
and time committed and released; name, age, sex, color, res- 
idence, and birthplace of prisoner; name of judge; nature of 
charge; amount of bail; and number and cost of meals served. 
Arr. chron. by dates of commitments. No index. Hdw. 478 
pp. 17 x 14 x 2V 2 . Sher. off. 

FEE AND CASH RECORDS 

267. Sheriff's Fee Book, 1877-81, 1883-87, 1891-94, 1915-. 
7 vols. (3 vols, unlabeled; 5-8). Title varies: 
Sheriff's Fee Register, 1877-81,1 vol.; Sheriff's 
Fee Docket, 1883-87, 1 vol. 

Record of fees collected for services on writs, showing date 
and nature of service; cause number; names of plaintiff, de- 
fendant, and witnesses; and amounts of fees and costs . Arr. 
chron. by dates of services. Indexed alph. by names of 
plaintiffs and defendants. Hdw. 600 pp. 18 x 12 x 3. 6 
vols., 1877-81, 1891-94, 1915-, sher. off.; 1 vol., 1883-87, 
elk. rec. rm. 

268. Sheriff's Foreign Fee Docket, 1891-1900, 1914-. 4 
vols. (2, 4, 5; 1 vol. unlabeled). 

Record of fees assessed for service on writs from foreign 
counties, showing dates of writ, service, and payment; names 
of county, plaintiff, and defendant; number and kind of writ; 
and sheriff's return. Arr. chron. by dates of service. In- 
dexed alph. by names of counties. Hdw. 420 pp. 18 x 12 x 
2Y 2 . Sher. off. 

269. CASH BOOK. 1895-99, 1913-. 2 vols. (2; 1 vol. un- 
1 abel ed ) . 

Record of receipts and d i sbur semen ts , showing dates , amounts, 
and nature of receipt and disbursement; names of payer and 
payee; and cause and receipt numbers. Arr. chron. by dates 



(270-275) SHERIFF 285 

of receipts and disbursements. For index, 1835-99, see entry 
270; no index, 1913—. Hdw. 300 pp. 18 xl2x3. Sher. off. 

270. Index to Cash Book, no. 2, 1895-99. 

Index to Cash Book, entry 269, showing names of plaintiff 
and defendant , .and volume and page reference to recording. 
Arr. alph. by names of plaintiffs and defendants. Hdw. 
100 pp. 16 x 10 x Y 2 . Sher. off . 

271. SHERIFF ' S RECORD OF MILEAGE , 1 9 2 9 - . 1 vol. 
Record of sheriff's mileage, showing date of service; cause 
number; names of plaintiff, defendant, and person processed; 
number of miles traveled per trip and per month; and amount 
of fees, Arr. chron. by dates of services. No index. Hdw. 
400 pp. 14 x 9 x 2. Sher. off. 

Maps 

272. TIPPECANOE COUNTY, 19 30. 2 maps. 
Communication and land tenure maps, showing names and lo- 
cations of civil townships, rivers, creeks, cities, towns. 
and railroads; telephone and telegraph lines; numbers and 
boundaries of Congressional townships, ranges, and sections; 
number of acres per farm; name of farm owner; number and 
location of rural routes and state highways; and county roads. 
Published by Stacy Publishing Company, Rockford, Illinois. 
Black and white. Scale: 2 1/3" to 1 mi. 60x48. Sher. off. 

2 73. LAFAYETTE AND WEST LAFAYETTE, 1926. 1 map. 
Political and communications map, showing names and loca- 
tions of streets, railroads, public buildings, parks , or i g inal 
town, additions, and subdivisions; block and lot numbers; 
and name and location of river. Drawn by Claude M. Draper , 
Lafayette, Indiana. Blueprint. Scale: I" to 800'. 24 x 
30. Sher. off. 

2 74. WARD AND PRECINCT MAP, not dated. 1 map. 
Political and communications map of Lafayette and West 
Lafayette, showing names and locations of streets, public 
buildings, railroads, highways, and rivers; locations of vot- 
ing places; and precinct and ward numbers and boundaries. 
Blueprint. Scale: 4" to 1 mi. 24 x 30. Sher. off. 

275. PRECINCT MAP, not dated. 1 map. 
Political map of Tippecanoe County, showing names and 
boundaries of townships, numbers and boundaries of wards 
and precincts, and locations of voting places. Blueprint. 
Scale: 1" to 1 mi. 24 x 30. Sher. off. 



286 TIPPECANOE COUNTY 

XVI. CORONER 

LEGAL STATUS 

The office of coroner has existed in Tippecanoe County 
ever since 1328 under the mandatory requirements of the 
Constitution of 1816 and the Constitution of 1851. The 
coroner is elected for a 2-year term by the voters of the 
county, without restrictions on reelection.' He is commis- 
sioned by the Governor of Indiana 2 and holds office until 
his successor is elected and qualified.' The coroner must 
be an elector of the county at the time of his election, 
must have been an inhabitant thereof throughout the preced- 
ing year, 4 must reside within the county after his election, 
and must not hold any other lucrative office. 1 ' Before May 
6, 1858 he could not practice law. 5 He must post bond in 
an amount between $1,000 and $5,000, to be approved by the 
board of commissioners and filed with the clerk of the cir- 
cuit court. 7 The coroner must take an oath that he will 
support the S t a t e and Federal Constitutions and will faith- 
fully discharge the duties of his office. 



1 Consl. 1816, art. 4, sec. 25. Consl. 1851, art. 6, sec. 2, Acts 1816-17, ch. 13. sees. 5, 
6. Acts 1817-18 (general), ch. 15, sec. 13; ch. 19.. sec. 5. Rev. L. 1824, ch. 35, sec. 13; ch. 100, 
sees. 5, 6, 8. Acts 1825-26, ch. 10, sec. 1 (Tippecanoe organization act). Rev. L. 1831, ch. 97, 
sec. 5. Rev. L. 1838, ch. 99 (first act.) sec. 5. Rev. Stat. 1843, ch. 4, sees. 2, 10. 

Exemption of coroner from arrest. Acts 1817-18 (general), ch. 54, sec. 3. Rev. L. 1824, 
ch. 78, sec. 3. 

2 Consl. 1816, art. 11, sec. 9. Const. 1851, art. 15, sex-. 6. Acts 1816-17, ch. 9, sec. 13; 
ch. 13, sec. 1. Acts 1817-18 (general), ch. 19, sec. 1; ch. 19, sec. 6. Acts 1822-23, ch. 13. sec. 3. 
Rev. L. 1824, ch. 100, sees. 1, 2, 6. Rev. L. 1831, ch. 97, sec. 1. Rev. Stat. 1838, ch. 99 (firs! 
act), sec. 1. Rev. Stat. 1S43, ch. 4, sec. 53. 2 Rev. Stat. 1852, pt. 1, ch. 7, sec. 1, p. 13. 1 Rev. 
Stat. 1852; Burns 49-201; Baldwin 13095. 

3 Const. 1816, art. 4, sec. 25. Consl;. 1851, art. 15, sec. 3. Acts 1816-17, ch. 13, sec. 5. 
Rev. Stat. 1838, cb. 4. sec. 10. 

4 Const. 1851, art. 6, sec. 4. Rev. Stat. 1843. ch. 4, sees. 73, 74. 

5 Consl. 1851, art. 2, sec. 9; art. 6, sec. 6. Rev. Stat. 1843, ch, 4, sec. 73. 

6 Rev. L. 1824, ch. 8, sec. 6. Rev. Stat. 1838, ch. 8, sec. 6. Rev. Stat. 1843, ch. 38, sec. 
101. 1 Rev. Stat. 1852, ch. 92, sec. 1 (repealing previous laws). Jones v. Cavins, 4 Ind. 305 (1853). 

7 Acts 1816-17, ch. 13, sees. 2-4, 8. Acts 1817-18 (general), ch. 19, sec. 3. Acts 1821-22. 
ch. 46. sees. 1, 2. Rev. L. 1824, ch. 69, sec. 4; ch. 100, sees. 4, 8. Acts 1826-27, ch. 49, sec. 2 
Rev. L. 1831, ch. 15, sec. 7; ch. 97, sec. 2. Rev. Stat. 1838, ch. 99 (first act), sees. 2, 8. Rev. 
Stat. 1843, ch. 4, sec. 101; ch. 38, sec. 81. Acts 1905; Burns 10-3708; Baldwin 2660. 1 Rev. Stat. 
1852; Burns 49-104, 49-105, 49-120; Baldwin 13057. 13083. 13068. Acts 1851-52; Burns 49-123; Baldwin 
13093. 2 Rev. Stat. 1852, Acts 1933; Bums 49-2901; Baldwin 5436. 

8 Consl. 1851, art. 15, sec. 4. Acts 1817-18 (general), ch. 19, sec. 4. Rev. L. 1824, ch. 



CORONER 287 

The coroner receives as compensation for himself for 
impaneling and swearing witnesses and making and returning 
inquisition for the viewing of each body, $5 for the first 
day and $2.50 for each additional day, plus a mileage allow- 
ance of 5 cents for each mile necessarily traveled in per- 
forming his duties. When he performs the duties required 
of the sheriff, the coroner receives the same compensation 
allowed to the sheriff. The coroner may employ a clerk, at 
a rate of pay not exceeding $2 per day, to take down evidence 
of any inquisition, and may appoint deputi es when needed. 

For sufficient legal grounds the coroner may be removed 
from office by the circuit court, after trial by jury on an 
accusation presented by the grand jury or verified by the oath 
of any person; and such removal is subject to review by the 
supreme court. If the coroner is convicted of a felony 
the judgment of eonviction must declare his office vacant. 

Any vacancy in the office of coroner is filled through 
appointment by the board of commissioners. The appointee 
must take oath and post bond, as was required of his prede- 
cessor; and he holds office for the unexpired term and until 
his successor is elected and qualified. 13 

There has been no major change in the office of coroner 
since the early days of the county, other than the abolition 
of the coroner's jury in 1879. 14 



100, sec. 4. Rev. L. 1831, ch. 97, sees. 4, 8. Rev. Stat. 1838. ch. 99 (first act), sees. 4, 8. Rev. 
Stat. 1843, ch. 4, sec. 77; ch. 38, sec. 81. Acts 1905; Burns 10-3708; Baldwin 2660. 1 Rev. Stat. 
1852; Burns 49-101, 49-102, 49-104; Baldwin 13054, 13055, 13057. 

9 Rev. Stat. 1838, ch. 40 (first act), sees. 1, 7, 11. 1 Rev. Stat. 1852, ch. 37, sees. 1, 4. 
Acts 1871, ch. 17, sec. 13. Acts 1875 (Spec. Sess.); Burns 49-2917; Baldwin, 1935 suppl., 5452. 

1 ° 1 Rev. Stat 1852; Burns 49-501, 49-502; Baldwin 13108, 13109. 

1 l Cons&. 1851, art. 2, sees. 6, 7; art. 6, sec. 8, Rev. L. 1824. ch. 29, sec. 34. Rev. L. 
1831, ch. 26, sec. 8. Acts 1897, 1899; Burns 49-821 to 49-833, 49-836; Baldwin 13154 to 13166, 13168. 
Acts 1875; Burns 49-837; Baldwin 13052. 

1 2 Acts 1897, 1899; Burns 49-834; Baldwin 13050. 

1 S Const. 1851, art. 6. sec. 9. Acts 1816-17, ch. 13, sec. 7. Acts 1817-18 (general), ch. 17, 
sec. 8; ch. 19, sec. 7= Rev. L. 1824, ch. 100, sees. 7, 8, Rev, L, 1831, ch, 97, sees. 6, 7. Rev. 
Stat. 1838, ch. 99 (first act), sees. 6, 7. Rev. Stat. 1843, ch. 4, sees. 155, 162, 163; ch. 7, sec. 74. 
Acts 1881 (Spec. Sess.); Burns 29-701; Baldwin 7081. 1 Rev. Stat. 1852; Burns 49-405, 49-408, 49-409; 
Baldwin 13104, 13106, 13107. Information obtained from Omer Stokes Jackson, Attorney General 
of Indiana, on August 29, 1939, by W. Davis Hamilton. 

1 4 Acts 1816-17, ch. 10, sec. 15; ch. 32, sec. 9. Rev. L. 1824, ch. 100, sees. 15, 16, 21. 
Rev. L. 1831, ch. 97, sees. 15, 16. Rev. Stat, 1838, ch. 99 (1), sees. 1-23; ch. 99 (2), sees. 1-3. Rev. 
Stat. 1843, ch. 5, sec. 136; ch. 37, sec. 135; ch. 38, sees. 82-84; ch. 56, sees. 1-16. 2 Rev. Stat. 1852, 



288 TIPPECANOE COUNTY 

FUNCTIONS AND RECORDS 

The coroner is required to investigate deaths resulting 
from violence and other unnatural causes and inquire into the 
cause and manner of death , County and c i ty heal th officers 
must notify the coroner when they f ind any evidence that the 
death of a person was caused by violence or criminal practice 
or that a dead human body was buried or otherwise disposed 
of without a permit, and the coroner must hold an inquest 
concerning the death of the person mentioned in such report. 6 
He holds inquests without a jury, 7 and may subpoena wit- 
nesses and emoloy a physician or surgeon for post-mortem 
examinations. If the finding of the inquisition deter- 
mines that the death was caused by felony, the coroner must 
order the arrest of any person whom he may charge wi th such 
felony, 19 and may require witnesses to give recognizances 
for their appearance at the trial of the accused. The evi- 
dence and verdict at the inquest are in writing, and are 
filed in the office of the clerk of the circuit court, to- 
gether with all recognizances taken and a written report 
giving a minute description of the deceased and valuables 
found with the body. If no person authorized to receive 
these valuables can be found after publication of notice, 
they are sold and the proceeds of sale are turned over to 

Acts 1871, 1879 (Spec. Sess.); 1935; Burns, 1939 suppl., 49-2904a; Baldwin, 1935 suppl., 5439a. Acts 
1879 (Spec. Sess.); Burns 49-2905; Baldwin 5444. 

1 5 Acts 1817-18 (general), ch. 20, sec. 2, Rev, L. 1824, ch. 100, sec. 15. Rev. L. 1831, 
ch. 97, sees. 15-18. Rev. Stat. 1838, ch. 99 (first act), sec. 15. Rev. Stat. 1843, ch. 56, sec. 1. 
2 Rev. Stat. 1852, Acts 1871, 1879 (Spec. Sess.), 1935; Burns, 1939 suppl., 49-2904a; Baldwin, 1935 
suppl., 5439a. 

1 6 Acts 1907, 1913; Burns 35-115; Baldwin 8398. Opinions of the Attorney General of Indi- 
ana, 1934, p. 33. 

1 7 Acts 1817-18 (general), ch. 20, sees. 2-5. Rev. L. 1824, ch. 100, sees. 15-18. Acts 1879 
(Spec. Sess.); Burns 49-2905; Baldwin 5444. 

1 8 Acts 1817-18 (general), ch. 20, sees. 6, 7. Rev. L. 1824, ch. 100, sec. 20. Rev. L. 1831, 
ch. 97, sec. 20. Rev. Stat. 1838, ch. 99 (first act), sec. 20. Rev. Stat. 1843, ch. 56, sec. 8. 2 Rev. 
Stat. 1852; Burns 49-2906; Baldwin 5440. 

1 9 Acts 1817-18 (general), ch. 20, sec. 9. Rev. L. 1824, ch. 100, sec. 22. Rev. L. 1831, 
ch. 97, sec. 22. Rev. Stat. 1838, ch. 99 (first act), sec. 22. Rev. Stat. 1843, ch. 56, sec. 15. 2 
Rev. Stat. 1852; Burns 49-2914; Baldwin 5448. 

2 ° Acts 1817-18 (general), ch. 20, sec. 8. Rev. L. 1824, ch. 100, sec. 21. Rev. L. 1831, ch. 
97, sec. 18. Rev. Stat. 1838, ch. 99 (first act), sec. 21. Rev. Stat. 1843, ch. 56, sec. 9. 2 Rev. 
Stat. 1852; Burns 49-2907; Baldwin 5441. 2 Rev. Stat. 1852, Acts 1879 (Spec. Sess.); Burns 49-2908; 
Baldwin 5442. 



CORONER 289 

the Tippecanoe county treasurer for the common school fund J 

The coroner acts in a nonjudicial capacity, and his find- 
ings are not binding upon any person." When the coroner is ab~ 
sent from the county or anable to attend an inquest, any justice 
of the peace of the county may hold the inquest. Each 
death coming under the supervision of the coroner must be 
reported, on a blank form prescribed hy the state board of 
health, within 3 days after holding the inquest, to the county 
or city health officer having jurisdiction. ' The coroner 

makes a written report each month, to the state department 
of public safety, showing deaths of persons in big jurisdic- 
tion, during the preceding month, resulting from the opera- 
tion of motor vehicles, 25 

He is a peace officer with the same powers as the 
sheriff. 20 The coroner acts as sheriff in event of the ab- 
sence, personal interest, or incapacity of the sheriff, or 
vacancy in the sheriff's office." All judicial writs against 
the sheriff are executed by the coroner. This duty includes 
the arrest and detention of the sheriff by the coroner, 28 

The coroner is not required to keep records permanently. ' 9 



2 l Rev. Stat, 1838, ch. 99 (third act), sec. 1, p. 559. Rev. Stat. 1843, ch. 56, sees. 11, 13. 
2 Rev. Stat 1852, Acts 1879 (Spec. Sess.), 1913; Burns 49-2909, 49-2910, 49^2913; Baldwin 5443, 5444, 
5447. 

22 Consl. 1816, art. 4, sec. 25; art. 5, sec. 1. Cons!. 1851, art. 3, sec. 1; art. 6, sec. 2; art, 
7, sec. 1. Stults v. Board of County Cornrs., 168 Ind. 539, 81 N. E. 471 (1907); Peoria Cordage 
Co. v. Industrial Board of Illinois, 284 111. 90, 119 N. E. 996 (1918); Spiegel's House Furnishing 
Co. v. Industrial Board of Illinois, 288 III. 422, 123 N. E. 606 (1919); People of New York v. 
Coombs, 158 N. Y. 532, 53 N. E. 527 (1899). 

23 Acts 1817-18 (general), ch. 20, sec. 10. Rev. L. 1824, ch. 100, sec, 23, Rev, L, 1831, 
ch. 97, sec. 23. Rev. Stat. 1838, ch. 99 (first act), sec. 23- Rev. Stat, 1843, ch. 56, sec. 16. 2 
Rev. Stat. 1852; Burns 49-2915; Baldwin 5449. 

2 4 Acts 1907, 1913; Burns 35-115; Baldwin 8398. 

25 Acts 1939; Bums, 1939 suppl., 474915, 47-1919; Baldwin, 1939 suppl., 11189-54, 11189-58. 

26 Acts 1817-18 (general), ch. 19, sec, 9; ch. 20, sec' 1. Acts 1820-21, ch. 13, sec. 2, Rev. 
L. 1824, ch, 100, sec. 9. Acts 1829-30, ch. 46, sec, 16. Rev. Stat. 1838, ch. 99 (first act), sec. 10. 
Rev. Stat. 1843, ch. 38, sec, 82. 2 Rev. Stat, 1852, Acts 1933; Burns 49-2901; Baldwin 5436. 

2 7 Acts 1816=17, ch. 13, sec, 9, Acts 1817-18 (general), ch. 19, sec, 9. Rev. L, 1824, ch. 
37, sec. 2; ch« 100. sec. 9. Rev. L. 1831, ch. 97, sec. 9. Rev. Stat, 1838, ch. 99 (first act), sec. 9. 
Rev. Stat. 1843, ch. 38, sec. 83, 2 Rev. Stat. 1852; Burns 49-2902; Baldwin 5437. 

2 8 Acts 1819-20, ch. 46, sec. 2. Rev. Stat. 1843, ch, 33, sec. 84. 2 Rev. Stat 1852; Burns 
49-2903; Baldwin 5438. 

2 9 Board of County Comrs. v. Gillum, 92 Ind. 511 (1884). Information obtained from E.. 
P. Brennan. state examiner, on August 30, 1939, by W. Davis Hamilton. 



290 TIPPECANOE COUNTY 

XVII. PROSECUTING ATTORNEY 

LEGAL STATUS 

The office of prosecuting attorney has exis ted in Tippe- 
canoe County ever since 1826 under the mandatory requirements 
of acts of 1824, 1827, 1831, 1838, 1843, and 1847 and the Con- 
stitution of 1851. The prosecuting attorney is elected by 
the voters of the judicial circuit for a 2-year term without 
res trie t ions on reelect i on . Tippecanoe County alone consti- 
tutes the twenty-third judicial circuit. 2 

He is commissioned by the Governor of Indiana • and 
holds office until his successor is elected and qualified. 4 
He must be an elector of the judicial circuit at the time of 
his election, must have been an inhabitant thereof throughout 
the preceding year, must reside within the judicial circuit 
after his election, and must not hold any other lucrative 
office. 6 An act of 1843, which was repealed by an act of 
1852, provided: "No person shall be elected to the office 
of prosecuting attorney who shall not have a license to 
practice law in the circuit courts of this state." 

He must post bond in the amount of $5,000 (to be ap- 
proved by the circuit judge and filed with the clerk of the 
circuit court), 8 and take an oath that he will support the 
State and Federal Constitutions and will fai thf ul ly di scharge 
the duties of his office. 9 



Const. 3851. art. 7, sec. 11. Acts 1851-52, ch. 8, sec. 1. 2 Rev. Stat. 1852; Burns 49-2501; 
Baldwin 5456. Robinson v. Moser, 203 Ind. 66, 179 N. E. 270 (1931). See footnotes 20, 21 herein. 

2 Acts 1875, ch. 32, sec. 1. 

From the organization of Tippecanoe County in 1826 until March 5, 1875 the county be- 
longed to judicial circuits composed of more than one county. See the essay entitled "Circuit 
Court." 

3 Const. 1816, art. 11, sec. 9. Const. 1851, art. 15, sec. 6. Rev. Stat. 1843, ch. 73, sees. 1, 

2. 2 Rev. Stat. 1852, pt. 3, ch. 3, sec. 6, p. 386. 1 Rev. Stat. 1852; Burns 49-201; Baldwin 13095. 
4 



Const. 1851, art. 15, sec. 3. Rev. Stat. 1843, ch. 73, sec. 1. 
6 



5 ConsT:. 1816, art. 14. Const. 1851, art. 6, sec. 4. 



ConsT:. 1816, art. 11, sees. 6, 13. Const. 1851, art. 2, sec. 9; art. 6, sec. 6. 2 Rev. Stat. 
1852; Burns 49-2501; Baldwin 5456. State ex rel. Howard v. Johnston, 101 Ind. 223 (1885). 

7 Rev. Stat. 1843, ch. 73, sec. 5 (repealed by 1 Rev. Stat 1852, ch. 92). 

8 Rev. L. 1824, ch. 24. sec. 11. Rev. L. 1831, ch. 10, sec. 3. Rev. Stat. 1838, ch. 9 (first 
act), sec. 3. Rev. Stat. 1843, ch. 58, sec. 4; ch. 4, sees. 86-100. Acts 1851-52, ch. 8, sec. 2. 1 
Rev. Stat. 1852; Burns 49-104, 49-105, 49-120; Baldwin 13057, 13063, 13068. 2 Rev. Stat. 1852; Burns 
49-2502; Baldwin 5458. 

9 Const. 1816, art. 11, sec. 1. Const. 1851, art. 15, sec. 4. Rev. L. 1824, ch. 24, sec. 11. 



PROSECUTING ATTORNEY 291 

The prosecuting: attorney of Tippecanoe County receives 
a regular salary of $2,950 per year payable out of the county 
treasury, 10 He is entitled to reimbursement for certain trav- 
eling expenses. He is not permitted to retain, as compel) - 
s a t i o n for himself, any fees collected by him. 

The prosecuting attorney may engage in the private prac- 
tice of law, except as to matters which might conflict with 
his official duties. 13 

If the proseeuting attorney is convicted of corruption 
or other high crime, he may be removed from office by the 
supreme court. This is the only method by which he may be 
removed from office. 

Any vacancy in the office of prosecuting attorney is 
filled through appointment by the Governor. The appointee 
must take oath and post bond as was required of his prede- 
cessor, and holds office for the unexpired term and until his 
successor is elected and qualified. 



Rev. L. 1831, ch. 10, sec. 3. Rev. Stat. 1338, ch. 9 (first act), sec. 3. Rev. Stat. 1843, ch. 4, sees. 
77, 78, 83, 84, 92; ch. 58, sec. 3. 2 Rev. Stat. 1852, pt. 3, sec. 6, p. 386. Acts 1905; Burns 10-3708; 
Baldwin 2660. 1 Rev. Stat. 1852; Burns 49-101; Baldwin 13054. 

1 ° Acts 1810, ch. 10, sec. 5. Acts 1813-14, ch. 12, sees. 1, 2. Acts 1314, ch. 3, sec. 5. 
Rev. L. 1824, ch. 24, sec. 12. Acts 1825. ch. 17, sec. 8. Acts 1825-26, ch. 44, sec. 1. Rev. L. 1831, 
ch. 10, sec. 5. Rev.Stat. 1838, ch. 9 (first act), sec. 5. Rev. Stat. 1843, ch. 13, sec. 5. Acts 1858 
(Spec. Sess.), ch. 12, sec. 2. Acta 1859, ch. 114, sec. 1. Acts 1S33, 1937; Burns, 1940 suppL, 49- 
2601; Baldwin, 1937 suppL, 7547. Acts 1933; Burns 49-2681, 49-2695; Baldwin 7549, 7550. Opinions of 
the Attorney General of Indiana, 1937, p. 636; 1938, p. 234. 

1 Acts 1913; Burns 49-2512; Baldwin 2267. Acts 1933, 1937; Burns, 1940 suppl., 49-2601; 

17 suppl. , 7547. 

Acts 1933; Burns 49-2601, 49-2695; Baldwin 7547, 7550. See footnote 69 herein. 



Baldwin, 1937 suppl., 7547 
12 



2638. 



1 S Acts 1905; Burns 10-3102; Baldwin 2636. Acts 1917; Burns 10-3103, 10-3104; Baldwin 2637, 



Liquor licenses. Acts 1901, 1913; Burns 49-2513; Baldwin 5467. 
1 4 



Const. 1851, art. 7, sec. 12. Acts 1816-7, ch. 10, sec. 15. Acts 1897; Burns 49-819; Bald- 
win 13152. State ex rel. Gibson v. Friediey, 135 Ind. 119, 34 N. E. 872 (1893); State v. Patterson. 
181 Ind. 660, 105 N. E. 228 (1914); State v. Redman, 183 Ind. 332, 109 N. E. 184 (1915); State ex rel. 
Williams v. Ellis, 184 Ind. 307, 112 N. E. 98 (1916); State v. Dearth, 201 Ind. 1, 164 N. E. 489 (1929); 
State ex rel. Youngblood v. Warrick Circuit Court, 208 Ind. 594, 196 N. E. 254 (1935); State ex rel. 
Spencer v. Marion Criminal Court, 214 Ind. 551, 15 N. E. (2d) 1020 (1938). Information obtained 
from Omer Stokes Jackson, Attorney General of Indiana, on July 29, 1939, by W. Davis Hamilton. 
1 5 Const. 1851, art. 5, sec. 18; art. 6, sec. 9. Acts 1825-26, ch. 44, sec. 3. Rev. L. 1831, 
ch. 10, sec. 4. Rev. Stat. 1838, ch. 9 (first act), sec. 4. Rev. Stat. 1843, ch. 58, sec. 6; ch. 73, 
sec. 3. Acts 1881 (Spec. Sess.); Burns 29-701; Baldwin 7081. 1 Rev. Stat. 1852; Burns 49-402, 49- 
404, 49-408, 49-409; Baldwin 13101, 13103, 13106, 13107. State ex rel. Custer v. Schortemeier, 197 Ind. 



292 TIPPECANOE COUNTY 

The prosecuting attorney may appoint such deputies as 
may be necessary. Their salaries are paid on warrant s drawn 
by the auditor after an appropriation therefor by the county 
council and allowance of a claim therefor by the board of 
commissioners. The aggregate amount of deputies' salaries 

1 e 

cannot exceed $1,200 per year. The deputies must take 
the oath required of the prosecuting attorney, may perform 
all his official duties, and. are subject to the same regula- 

1 7 

tions and penalties. The prosecuting attorney may remove 
such deputies at any time and is responsible for their offi- 
cial acts. 8 Whenever the prosecuting attorney is disquali- 
fied or fails to attend court the judge must appoint some 
person to act in his place. 

From the organization of Tippecanoe County in 1826 
until 1827 a prosecuting attorney for the judicial circuit 
was appointed for a 2-year term by the Governor with the 
advice and consent ©f the senate. From 1827 until 1843 he 
was appointed for a 2-year term by joint ballot of the senate 
and house of representatives. From. 1843 until 1847 he was 
elected for a 2-year term by the voters of the judicial cir- 
cuit. From 1847 until 1851 his term was 3 years. Since 
1851 his term has been 2 years. 



507, 151 N. E. 407 (1929). Information obtained from Omer Stokes Jackson, Attorney General of 
Indiana, on August 29, 1939, by W. Davis Hamilton. 

1 6 1 Rev. Stat. 1852, Acts 1855, 1925; Burns 49-501; Baldwin 13108. Acts 1933, 1937; Burns, 
1940 suppl., 49-2601; Baldwin, 1937 suppl., 7547. Acts 1933; Burns 49-2602, 49-2681, 49-2695; Baldwin 

1 Rev. Stat. 1852; Burns 49-502; Baldwin 13109. Stout v. State, 93 Ind. 150 (1884). 



7548-7550. 

1 7 



1 8 1 Rev. Stat. 1852; Burns 49-503; Baldwin 13110. Acts 1933; Burns 49-2602; Baldwin 7548. 

1 9 Rev. L. 1824, ch. 24, sec. 12. Acts 1825, ch. 17, sec. 8. Acts 1833-34, ch. 92, sees. 
1-4. Rev. Stat. 1838, ch. 9 (second act), sees. 1-4. Rev. Stat. 1843, ch. 58, sec. 8. Acts 1851-52, 
ch. 8, sec. 5. 2 Rev. Stat. 1852; Burns 49-2505; Baldwin 5461. Perfect v. State, 197 Ind. 401, 141 
N. E. 52 (1926); State ex rel. Williams v. Ellis, 184 Ind. 307, 112 N. E. 98 (1916); State ex rcl. 

Spencer v. Marion Criminal Court, 214 Ind. 551, 15 N. E. (2d) 1020 (1938). 

2 o 

Acts 1825-26, ch. 10. sec. 1 (Tippecanoe organization act). 

9,1 Const. 1816, art. 12, sees. 3, 4. Const. 1851, art. 7, sec. 11. Acts 1810, ch. 10, sec. 
5. Acts 1813-14, ch. 12, sees. 1-5; ch. 29, sees. 1, 2. Acts 1814, ch. 2, sees. 1, 2; ch. 3, sees. 4, 5. 
Acts 1816-17, ch. 3, sec. 2; ch. 26, sec. 1. Rev. L. 1824, ch. 24, sees. 9, 10. Acts 1825-26, ch. 44, 
sec. 1. Acts 1826-27, ch. 17, sec. 1. Rev. L. 1831, ch. 10, sec. 1. Rev. Stat. 1838, ch. 9 (first act), 
sec. 1. Acts 1842-43 (general), ch. 15, sec. 1. Rev. Stat. 1843, ch. 4, sec. 28; ch. 58, sec. 1; ch. 
59, sec. 21; ch. 73, sec. 1. Acts 1846-47 (general), ch. 13, sec. 1. Acts 1850-51 (general), ch. 132, 
sees. 1-3. 2 Rev. Stat. 1852; Burns 49-2501; Baldwin 5456. 



PROSECUTING ATTORNEY 29.3 

The prosecuting attorney's duties in the prosecution of 
criminal cases in Tippecanoe County were suspended from 
1867 until 1875, during which time Tippecanoe County' had a 
prosecuting attorney for the Tippecanoe Criminal Circuit 
Court. The county had a district attorney for the court of 
common pleas and the courts of the justices of the peace 
from 1853 until 1873. 22 

FUNCTIONS AND RECORDS 

The prosecuting attorney is a judicial officer. ' He 
acts as attorney for the state in criminal eases under the 
state laws and as attorney for the state and county in cer- 
tain civil cases, 24 

Investigations of alleged violations of criminal laws 
are conducted by the prosecut ing a t torney , 2 5 the sheriff, . or 

? 7 

the coroner, cooperating with one another and with state and 
Federal bureaus of law enforcement; 8 and the results of such 
investigations, if they point toward 'violations of the law, 
are presented to the grand jury, by the prosecut ing attorney • 

The prosecuting attorney or his deputy may appear before 
the grand jury for the purpose of interrogating witnesses 
or giving information relative to any matter cognizable by 



2 2 

~ See the essays entitled "Criminal Circuit Court (1867-75)," "Prosecuting Attorney, 

Criminal Circuit Court (1867-75)," and "District Attorney (1853-73)." 

23 State ex rel. Freed v. Martin Circuit Court, 214 Ind. 152, 14 N. E. (2d) 910 (1938); 
State ex rel. Spencer v. Marion.Cfffijin.a4 Qoti#, 2-^4 Jn4^,l Ff 1-5.N. E. (2d) 1020 (1938). 

24 Ibid. Acts 1817-18 (general), ch. 4, sec. 2; ch. 48, sec. 4. Rev. L. 1824, da. 24, sec. 
10. Acts 1825-26, ch. 44, sec. 2. Acts 1829-30, ch. 9, sec. 4. Rev. L. 1831, ch. 10, sec. 2. Rev. 
Stat. 1838 (first act), ch.'D, sec. 2. Rev. Stat. 1843, ch. 13, sec. 233; ch. 37, sec. 101; ch. 73, sec. 
4. Acts 1851-52, ch. 8, sees. 1, 3, 4. Acts 1933; Burns 2-229, 49-2695; Baldwin 44, 7550. Acts 1905; 
Burns 4-2409; Baldwin 11595. Acts 1939; Burns, 1940 suppl., 4-3802; Baldwin, 1939 suppl., 2008-2. 
2 Rev. Stat. .1852; Burns 49-2501, 49-2503, 49-2504; Baldwin 5456, 5459, 5460. Acts 1932 (Spec. Sess.); 
Burns 64-1511; Baldwin 15754. 

2 5 Acts 1822-23, ch, 48, sec, 9. Acts 1905; Burns 9-706; Baldwin 2076. 2 Rev. Stat. 1852: 
Burns 49-2503; Baldwin 5459. 

"Inquisitorial powers are vested in the office of the prosecutor and in grand juries, and 
not in judges and courts." State : ex. qStt. Spencer v. Marion Criminal Court, 214 Ind. 551, 15 N. 
E. (2d) 1020 (1938). 

2 6 2 Rev. Stat. 1852; Burns 49-2802; Baldwin 5494. 

2 7 2 Rev. Stat. 1852, Acts 1871, 1879 (Spec. Sess.), 1935; Burns, 1940 suppl., 49-2904; Bald- 
win, 1935 suppl., 5439. 
2 



Acts 1927; Burns 9-2603 to 9-2610; Baldwin 15353 to 15355, 15357 to 15361. 
Rev. St 
win 2102, 2123, 2131 



29 Rev. Stat. 1843, ch. 5, sees. 162, 164. Acts 1905, 1927; Burns 9-806, 9-901, 9-908; Bald- 



294 TIPPECANOE COUNTY 

it or giving requested advice on any legal matter, but be 
cahnot be present during the deliberations of the grand jury." 
When an indictment if found by the grand jury, the foreman 
writes thereon the words "A true bill," and signs his name 
thereunder. The indictment is al so s i gned by the prosecuting 
attorney. The finding of an indictment must be kept secret 
until arrest is made. ' He cannot be held liable for causing 
the grand jury to return an indictment, though he acted ma- 
liciously and without probable cause. 

The prosecuting attorney conducts all prosecutions for 
felonies and misdemeanors charged in indictments returned 
by the grand jury. 4 He may also prosecute on affidavit 
all criminal offenses under the state laws, other than trea- 
son and murder (which must be prosecuted on indictment). 85 



3 ° Acts 1905; Burns 9-826; Baldwin 2122. Williams v. State, 188 Ind. 283, 123 N. E. 209 (1919). 

3 T Acts 1905; Burns 9-901; Baldwin 2123. Neal v. State, 214 Ind. 328. 14 N. E. (2d) 590 (1936). 

Endorsement by prosecuting attorney. 2 Rev. Stat. 1852, pt. 3, ch. 1, sec. 17, p. 363 (re- 
pealed by Acts 1881 (Spec. Sees.), ch. 36. sec. 323). Taylor v. State, 113 Ind. 471, 16 N. E. 183 
(1888); Robinson v. State, 177 Ind. 263, 97 N. E. 929 (1912); Hamer v. State, 200 Ind. 403. 163 N. E. 
91 (1928). 

The statutory requirement that affidavits forming the basis of criminal prosecutions must 
be approved by the prosecuting attorney does not apply to indictments. Peats v, State, 213 Ind, 
560. 12 N. E. (2d) 270 (1938). 

3 2 2 Rev. Stat. 1952, pt, 3, ch. 1, sec. 71, p. 370 (repealed by Ads 1881 (Spec, Sess.), ch. 
36. sec. 323). Acts 1881 (Spec.S«8.), ch. 46, sec. 103. Acts 1905; Burns 9-907; Baldwin 2130. 

3 3 Griffith v. Slinkard, 146 Ind. 117, 44 N. E. 1001 (1896). 

3 4 Rev. L. 1824, ch. 24, sec. 10. Acts 1825, ch. 17, sec. 7. Rev. L. 1831, ch. 10, sec. 2. 
Rev. Stat. 1838 (first act), ch. 9, sec. 2. Rev. Stat, 1843, ch. 58, sec. 2. Acts 1851-52, ch. 8. sec. 
4. 2 Rev. Stat. 1852; Burns 49-2504; Baldwin 5460. 

3 5 Rev. Stat. 1843, ch. 58, sec. 2. 2 Rev. Stat. 1852, pt. 2. ch. 1, sec. 749, p. 198 (repealed 
by Acts 1865 (Spec. Sess.), ch. 57, sec. 1); pt. 3, ch. 1, sees. 19, 23, p. 363 (repealed by Acts 1881 
(Spec. Sess.), ch. 36, sec. 323). Acts 1939; Burns, 1940suppl., 4-3802; Baldwin, 1939suppl., 2008-2. 
Acts 1905, 1927; Burns, 9-908; Baldwin 2131. 

Endorsemet by prosecuting attorney. Robinson v. State, 177 Ind. 263, 97 N. E. 929 (1912); 
McSwane v. State. 200 Ind. 548, 165 N. E. 319 (1929). 

A court caunot compel the prosecuting attorney to approve the affidavit. State ex rel. 
Freed v. Martin Circuit Court, 214 Ind. 152. 14 N. E. (2d) 910 (1938). 

"Criminal prosecutions cannot be instituted by private individuals. They may be initi- 
ated by grand jnry indictment. Formerly the only other method was on information. For this 
latter procedure the legislature substituted prosecutions by affidavit, approved by the prosecut- 
ing attorney." Hid. 

"In him is vested discretionary judicial power to investigate and determine who shall be 
prosecuted and who shall not be prosecuted. If he fails to exercise his official discretion honest- 
ly and impartially, the remedy is by impeachment." State ex rel. Spencer v. Marion Criminal 
Court. 214 Ind. 551, 15 N. E. (2d) 1020 (1938). 



PROSECUTING ATTORNEY 295 

It is the duty of the prosecuting attorney to superin- 
tend, on behalf of the county, all civil actions and pro- 
ceedings in which the county may be in teres ted or involved, 86 
including suits to collect taxes and tax penalties 87 and suits 
against officers or on their bonds. 



8 6 Acts 1816-17 (general), ch, 32, sec. 9; cb. 72, sec. 5. Rev. L. 1824, ch. 24, sec. 10. Acts 
1825, ch. 47, sec. 25; ch. 69, sec. 2. Rev. L. 1831, ch. 6, sec. 27; ch. 10, sec. 2; ch. 90, sees. 21, 27. 
Rev. Stat. 1838, ch. 9 (first act), sec. 2. Rev. Stat. 1843, ch. 13, sec. 233; ch. 14, sec. 35; ch. 15, 
sec, 128; ch. 48; sec. 84; ch. 58, sec. 2. Acts 1851-52, ch. 8 S sec. 4, Acts 1865; Burns 28-312; Bald 
win 5897. 2 Rev. Stat. 1852; Burns 49-2504; Baldwin 5460. Board of County Comrs. v. Templer, 34 
Ind. 322 (1870). 

8 7 Rev. L. 1824 ch. 86, sees. 23, 43. Acts 1825, ch. 47, sec. 25. Acts 1829, ch. 47, sec. 25. 
Rev. L. 1831, ch, 10, sec, 2. Rev, Stat. 1843, ch. 58, sec. 2. Acts 188 (Spec. Sess.), ch. 96, sec. 
222. Acts 1883, ch. 100, sec, 1. Acta 1927, ch. 176, sec. 4 (repealed by Acts 1937, ch. 133, sec. 16). 
Acts 1931; Burns 6-2415; Baldwin 15953, Acts 1935, 1937; Burns, 1940 suppl., 12-912; Baldwin, 1937 
suppl,, 3764-41. Acts 1937; Burns, 1940 suppl., 16-320; Baldwin, 1937 suppl., 3811-4, Acts 1919; Burns 
64-603, 64-719, 64-723, 64-1319, 64-1518, 64-1519, 64-2208, 64-2505; Baldwin 15576, 15633, 15637, 15723, 15772, 
15773, 15815, 15854. Acts 1932 (Spec. Sess.); Burns 64-1511; Baldwin 15754, Acts 1933; Barns 64-921, 
Baldwin 15919, Acts 1933, 1937; Burns, 1940 suppl., 64-2627, 64-2628; Baldwin, 1937 suppl., 16007, 
16009. Board of County Comrs. v. Templer, 34 Ind. 322 (1870); La Plante v. State ex rel. Good- 
man, 152 Ind. 80, 52 N. E. 452 (1899). 

8 8 Acts 1813, ch. 8, sec. 24. Acts 1816-17, ch. 8, sec. 22; ch. 17, sec. 13; ch. 19, sees. 14, 
15. Acts 1817-18 (general), ch. 42, sees. 19-22; ch. 43, sec. 21; ch. 44, sec. 13. Acts 1818-19, ch. 

8, sec. 2. Acts 1819-20, ch. 46, sees. 1, 2, Rev, L. 1824, ch. 22, sec. 6; ch. 23, sec. 8; ch. 24, sees. 

9, 10; ch. 30, sees. 1-3; ch. 56, sec. 4; ch. 86, sees. 21, 23. Acts 1825, ch. 21, sec. 4; ch. 68, sec. 
2. Acts 1827-28, ch. 23, sec. 3; ch. 88, sec. 6. Rev. L, 1831, ch. 10, sec. 2; ch. 81, sec. 46; ch. 90, 
sec. 6. Acts 1834-35 (general), ch. 18. Rev. Stat, 1838, ch. 9 (first act), sec. 2. Rev. Stat. 1843, 
ch. 58, sec. 2. 1 Rev. Stat. 1852; Burns 44-204; Baldwin 5635. Acts 1883: Burns 49-142; Baldwin 13094. 
Acts 1895; Burns 49-1408; Baldwin 7583. Acts 1917; Burns 60-227; Baldwin 13878. Acts 1919; Burns 
64-2507, 64-2508; Baldwin 15856, 15857. Wood v, State ex rel. Canady, 125 Ind. 219, 25 N. E. 190 
(1890); Wood v. Board of County Comrs., 125 Ind. 270, 25 N. E. 188 (1890). 

39 Acts 1816-17, ch. 5, sec, 1. Acts 1817-18 (general), ch. 4, sec. 1. Rev. L. 1824, ch. 
57, sec. 1. Acts 1851-52, ch. 8, sec. 4. 2 Rev. Stat. 1852; Burns 49-2504; Baldwin 5460. State v. 
Schloss, 92 Ind. 293 (1883). 

4 ° Acts 1881 (Spec. Sess.); Burns 6-1605; Baldwin 3237. 

4 * Acts 1899; Burns 39-222; Baldwin 9710. Acts 1933; Burns 39-1117; Baldwin 9823. Acts 
1893; Bums 39-2618; Baldwin 9888, 

4 2 Acts 1929; Burns 25-253; Baldwin 4957. Acts 1901; Burns 25-1218. Baldwin 9918. 



296 TIPPECANOE COUNTY 

companies to recover statutory penalties, ° suits to recover 
gambling losses, : injunction suits to prevent violation of 
laws concerning horse racing, tenement houses, 6 houses 
of ill fame, and restraint of trade, and in junc t ion su i ts 
to prevent persons from engaging in trades and professions 
without licenses or from engaging in bus i ness whi 1 e del in- 
quent in payment of gross income taxes. 

He sets for the state when a surety on a forfeited re- 
cognizance sues the principal on the theory of subrogation 
of the rights of the state. He prosecutes bastardy pro- 
ceedings, 5 quo warranto proceedings, 5 and cases of surety 
of the peace. 54 He resists undefended divorce suits 5 and 
applications for change of names of persons; and protects 
the interests of all persons of unsound mind. 5 In lunacy 
proceedings he represents the person alleged to be insane. 5 
He must be present at the hearing of proceedings to com- 
mit any person to a hospital operated by the trustees of 



4 S Acts 1873; Burns 49-1918; Baldwin 15094. Acts 1895; Burns 55-620; Baldwin 14119. Acts 
1911; Burns 55-913; Baldwin 14159. Acts 1907; Burns 55-924; Baldwin 14193. 

4 4 1 Rev. Stat. 1852; Burns 10-2323; Baldwin 2806. Ervin v. State ex rel. Walley, 150 Ind. 
332, 48 N. E. 249 (1897). 

4 5 Acts 1895; Burns 10-2711; Baldwin 9273. 

4 5 Acts 1913; Burns 20-579; Baldwin 9383. 

4 7 Acts 1915; Burns 9-2702; Baldwin 2586. 

4 8 Acts 1907; Burns 23-120; Baldwin 4786. Acts 1913; Burns 23-131; Baldwin 4797. 

4 9 Dentists. Acts 1913; Burns 93-513; Baldwin 5598. Physicians and surgeons. Acts 1897; 

Burns 63-1311; Baldwin 10712. 

5 

5 1 



5 ° Acts 1933, 1937; Burns, 1940 suppl., 64-2613(c); Baldwin, 1937 suppl., 15993(c). 



Acts 1905; Burns 9-1045; Baldwin 2178. 

5 2 2 Rev. Stat. 1852; Burns 3-622; Baldwin 867. 

5 3 Acts 1819-20, ch. 74, sec. 3. Rev. L. 1831, ch. 62, sec. 3. Rev. Stat. 1843, ch. 48, sees. 
46, 58. 2 Rev. Stat. 1852, pt. 2, ch. 1, sees. 749, 750. Acts 1881 (Spec. Sess.), 1929; Burns 3-2001. 
3-2002; Baldwin 1045, 1045. 1 Rev. Stat. 1852; Burns 39-134; Baldwin 9611. Acts 1897; Burns 49-821 
to 49-823, 49-831; Baldwin 13154 to 13156, 13164. 

F 4 Acts 1905; Burns 9-511; Baldwin 2059. Davis v. State, 38 Ind. 11, 37 N. E. 397 (1894). 

5 5 Acts 1817-18 (general), ch. 35, sec. 3. Rev. L. 1831, ch. 31, sec. 9. Rev. Stat. 1838. 
ch. 31, sec. 8. Rev. Stat. 1843, ch. 35, sec. 69. Acts 1873, 1913; Burns 3-1212 to 3-1215; Baldwin 
916 to 919. State v. Brinnernan, 120 Ind. 357, 22 N. E. 332 (1889); Scott v. Scott, 17 Ind. 309 (1861). 

5 6 Acts 1851-52, ch. 8, sec. 4. 2 Rev. Stat. 1852; Burns 49-2504; Baldwin 5460. Martin v. 
Matsinger, 130 Ind. 555, 30 N. E. 523 (1891). 

5 7 2 Rev. Stat. 1852, Acts 1895; Burns 8-202; Baldwin 3460. Chase v. Chase, 163 Ind. 178, 
71 N. E. 485 (1904). Martin v. Matsinger, 130 Ind. 555, 30 N. E. 523 (1891). 



PROSECUTING ATTORNEY 297 

Ind i ana Un i versi ty , 5 He appears in guardianship proceedings 
for aged persons, spendthrifts, 5 and habitual drunkards. 6 
Formerly he represented apprenticed minors in suits concerning 
breach of the terms of their indentures 6 and prosecuted suits 
to recover the. costs of cutting hedge fences when the work was 
done at county expense. 

On appeals from certain examination boards in license 
matters he represents the boards. On appeals from orders 
of the chief inspector of the state industrial board, the 
prosecuting attorney appears as counsel for the state to sus- 
tain and defend such orders. He assists the Indiana At- 
torney General, on his request, in representing the Indiana 
Public Service Commission in any suit to which that com- 
mission is a party, if any hearing or trial of such suit will 
be held in the county. 

The Attorney General of Indiana holds conferences with 
all prosecuting attorneys concerning the enforcement of the 
state 1 aws . 66 

The prosecuting attorney administers oaths and per- 
forms the duties of notaries public. 6 He collects docket 
fees for his services in criminal prosecutions, divorce cases, 



58 Acts 1939; Burns, 1940 suppl., 28-5416, 28-5417; Baldwin, 1939 suppl. , 14078-89b, 14078- 
89c. 

. 5 9 Acts 1911: Burns 8-301; Baldwin 3472. Acts 1919; Burns 8-302; Baldwin 3473. 

6 ° Acts 1867; Burns 8-401; Baldwin 3476. 

fi 1 

Acts 1827-28, ch. 46, sec. 2. Rev. L. 1831, ch. 69, sec. 7. These laws were repealed 

by Rev. Stat. 1843, ch. 35; ch. 59, sec. 4. 

6 2 Acts 1891, ch. 39, sec. 3. Acts 1895, ch. 33, sec. 3. This duty was abolished by Acts 
1921, ch. 244, sec. 2. 

6 S State board of medical registration and examination. Acts 1897, 1899, 1901; Burns 63- 
1306; Baldwin 10707. 

State board of dental examiners. Acts 1913; Burns 63-520; Baldwin 5605. 

Indiana Board cf Pharmacy. Acts 1911; Burns 63-1120; Baldwin 13292. 

State veterinary examining board. Acts 1905; Burns 63-1705; Baldwin 3946. 

State board of barber examiners. Acts 1933; Burns 63-315; Baldwin 4070. 

Miners' examination board. Acts 1923; Burns 46-1008; Baldwin 11073. 

64 



6 5 Acts 1913; Burns 54-106; Baldwin 1S909. Acts 1917; Burns 60-228; Baldwin 13879. 



Acts 1899; Burns 40=1019; Baldwin 10084. 

6 6 Acts 1931, 1933, 1937; Burns, 1940 suppl., 49-2601; Baldwin, 1937 suppl., 7547 
6 7 



271 (1929). 
6 



Acts 1901; Burns 49-2506; Baldwin 5462. Lenciania v. State, 200 Ind. 528, 164 N. E. 
Acts 1919; Burns 49-2507 to 49-2510; Baldwin 5463 to 5466. 



298 TIPPECANOE COUNTY (276) 

suits on forfeited recognizances, and other suits which he is 
required to prosecute or defend, and pays such fees over to 
the county treasurer. He makes monthly reports to the board 
of commissioners concerning his activities and the amount 
of fees collected by him and turned over to the treasurer. 69 
The state board of accounts has prescribed forms for an 
appearance record, fee book, and cashbook, to be kept by the 
prosecuting attorney, and a monthly report to be made by him. 70 

276. [Appearance record and fee book], 1936- . 1 vol. 
Record of criminal causes prosecuted and fees assessed and 
collected by prosecuting attorney, showing dates of appear- 
ance and collection; cause number; names of plaintiff, de- 
fendant, and court; disposition of cause; and amounts of 
fees charged and collected. Arr. chron. by dates of ap- 
pearances. No index. Hdw. 100 pp. 13 x 13 x 1. Pros, 
atty. off., 2d fl., Schultz Bldg., Lafayette, Indiana. 



XVIII . PROSECUTING ATTORNEY, CRIMINAL CIRCUIT COURT 

(1867-75) 

LEGAL STATUS 

From 1867 until 1875 Tippecanoe County had a prosecut- 
ing attorney for the Tippecanoe Criminal Circuit Court, who 
was elected for a 2-year term by the voters of the county. 
This office was separate and distinct from the office of 
prosecuting attorney provided for by the Constitution of 1851 
and which is discussed in the essay entitled "Prosecuting 
Attorney." 1 



6 9 Rev. L. 1824, ch. 24, sec. 13; ch. 86, sees. 22, 24. Acta 1825-26, ch. 44, sec. 4. Rev. 
L. 1831, ch. 90, sec. 27. Acts 1861 (Spec. Sess.), ch. 25, sec. 4; ch. 28, sec. 1. Acts 1871, ch. 17. 
sec. 5. Acts 1873, ch. 48. sec. 16. Acts 1931; Burns 6-2436; Baldwin 15974. Acts 1905; Burns 9- 
706; Baldwin 2076. Acts 1929; Burns 25-253; Baldwin 4957. Acts 1919; Burns 49-2505, 64-608, 64-719, 
64-723, 64-1519, 64-250S; Baldwin 5461, 15576. 15633, 15637, 15773, 15857. Acta 1875 (Spec. Sess.); 
Burns 49-2511; Baldwin 5468. Acts 1933, 1937; Burns, 1940 suppl., 49-2C01; Baldwin, 1937 suppl., 
7547. Acts 1933; Burns 49-2695; Baldwin 7550. Acts 1917; Burns 60-227; Baldwin 13878. Opinion* 
of the Attorney General of Indiana, 1938, p. 238. 

7 ° Acts 1909; Burns 60-202; Baldwin 13855. 

Information obtained from E. P. Brennan, state examiner, on May 18, 1939, by W. Davis 
Hamilton. 

Acts 1867, ch. 26, sees. 3, 4. Acts 1875, ch. 39, sec. 24. Cropsy v. Henderson, 63 Ind. 
268 (1878); Hench v. State ex rel. O'Rourke, 72 Ind. 297 (1880). 



DISTRICT ATTORNEY (1853-73) 299 

FUNCTIONS AND RECORDS 

The prosecuting attorney prosecuted in the Tippecanoe 
Criminal Circuit Court, on indictments returned by the grand 
jury or on information filed by himself, all criminal cases 
under the state laws, except of f enses puni shabl © only by f ine 
not exceeding $3; made investigations of crimes; cooperated 
with all other law enforcement officers in the state; repre- 
sented the state at investigations and preliminary hearings 
held by justices of the peace concerning crimes within the 
jurisdiction of the criminal circuit court; and assisted in 
the collection of fines imposed by the latter court. 

This office was abolished in 1875 with the abolishment 
of the criminal circuit court, 3 



XIX. DISTRICT ATTORNEY (1853 = 73) 

LEGAL STATUS 

From 1853 until 1873 Tippecanoe County had a district 
attorney 1 who was elected biennially by the voters of the 
judicial district of the court of common pleas. The district 
was composed of the counties of Tippecanoe and White from 
1853 until March 1, 1859; Benton, Carroll, Tippecanoe, and 
White from March 1» 1859 until March 11. 1867; and Tippe- 
canoe and Warren after March 11, 1867 s s He was required 
to post bond in the amount of $5,000, to b© approved by the 
judge of the court of common pleas and filed in the office 
of the clerk of the circuit court. 4 

FUNCTIONS AND RECORDS 

The duties of the district attorney were simi lar to those 
of the prosecuting attorney, except that they extended only 
to the court of common pleas and the justice of the peace 
courts in the counties forming the judicial distri ct of the 
court of common pleas. He prosecuted the pleas of the state 



2 2 Rev. Stat. 1852, pt. 3, ch. I, sees, 17, 19, p. 363; ch. 3, sees. 3-5, pp. 385, 386, 

3 Acts 1875, ch. 39. sec. 24. 

1 Acts 1851-52 (Spec. Sess.), ch, 8, sec, 1. Acts 1873, ch, 29, sec, 79. 

2 Acts 1351-52 (Spec, Sess,), ch, 8, sec, 1, 2 Rev, Stat, 1852, ch, 3, sec, 1, p, 385. 

3 2 Rev. Stat. 1852, ch. 8, see. 3, p. 16. Acts 1859, ch. 51. sec. 1. Acts 1861, ch. 28, sec. 
Acts 1867, ch. 30, sec. 1. 

4 Acts 1851-52 (Spec. Sess,), ch. 8, sec. 2, 2 Rev, Stat, 1852, eh, 3, sec. 2, p. 385, 



300 TIPPECANOE COUNTY 

in the court of common pleas and justice of the peace courts 
of "such district; 5 conducted all prosecutions for felonies 
or misdemeanors, and all suits on forfeited recognizances; 
resisted applications for changing names; superintended civil 
suits in which the county or its trust funds were interested 
or involved; and protected the interest of all persons of 
unsound mind. 6 The court of common pleas had no jurisdic- 
tion of criminal cases after the establishment of the crim- 
inal circuit court in Tippecanoe County in 1867, and the 
district attorney's duties in Tippecanoe County were dimin- 
ished accordingly.' 

The office of district attorney wss abolished in 1873 
when the court of common pleas was abolished. 8 



XX. COUNTY ASSESSOR 

LEGAL STATUS 

The office of county assessor has existed in Tippecanoe 
County ever since 1891 under the mandatory requirements of 
acts of 1891 and 1919. The assessor is elected for a 4-year 
term by the voters of the county, and holds office until his 
successor has been elected and qualified. He receives a cer- 
tificate of election from the clerk of the circuit court and 
is not commissioned by the Governor. The assessor must be 
an elector of the county at the time of his election, must 
have been a resident freeholder thereof throughout the pre- 
ceding 4 years, must reside within the county after hi s elec- 
tion, and must not hold any other luc r a t i ve o f f i ce . He must 
post bond in the amount of $5,000, to be approved by and 
filed with the auditor. 1 The assessor must take an oath that 
he will support the State and Federal Cons t i tut i ons and wi 1 1 
faithfully discharge the duties of his office. 



5 Acts 1851-52 (Spec. Sess.), ch. 8, sec. 1. 2 Rev. Stat. 1852, ch. 3, sec. 1, p. 385. State 

v. Sweetser, 14 Ind. 292 (1860). 

6 



Acts 1851-52 (Spec. Sess.), ch. 8, sec. 4. 2 Rev. Stat. 1852, ch. 3, sec. 4, p. 386. 
see the essay entitled "Cr 
Acts 1873, ch. 29, sec. 79. 



7 See the essay entitled "Criminal Circuit Court (1867-75). 



1 Const. 1851, art. 2, sec. 9; art. 6, sees. 4, 6; art. 15, sees. 3, 6. Acts 1891, ch. 99, sec. 
112. 1 Rev. Stat. 1852; Burns 49-201, 49-202; Baldwin 13095, 13096. Acts 1919. 1921; Burns 64-1101; 
Baldwin 15696. 

2 Const. 1816, art. 11, sec. 1. Conft. 1851, art. 15, sec. 4. Acts 1816-17, ch. 19, sec. 1. 
Acts 1817-18 (general), ch. 42, sec. 3. 1 Rev. Stat. 1852; Burns 49-101; Baldwin 13054. Acts 1919, 
1921; Burns 64-1101; Baldwin 15696. 



COUNTY ASSESSOR 301 

The assessor receives a regular salary of $1,720 per 
year, plus $2.50 for each day spent in conference with the 
state board of tax commissioners, together with actual rail- 
road fare to and from the place of holding such conferences.' 
For his services as appraiser of decedent's estates, the cir- 
cuit court allows him compensation between $1 and $50 for 
each estate appraised, based on the value thereof. He is 
entitled to reimbursement for' expenses when temporarily 
working outside Tippecanoe County under direction of the 
board of commissioners. He is not permitted to retain, as 
compensation for himself, any fees collected by him, other 
than as stated above. 6 

For sufficient legal grounds the assessor may be removed 
from office by the circuit court, after trial by jury on an 
accusation presented by the grand jury or verified by the oath 
of any person; and such removal is subject to review by the 
supreme court.' If the assessor is convicted of a felony 
the judgment of conviction must declare his office vacant. 

For incompetency, neglect of duty, or misconduct in of- 
fice, the assessor may be removed from office by the state 
board ©f tax commissioners after a hearing by that board. On 
appeal to the circuit court he may have a trial de novo on the 
charges sustained by the state board. 9 

Any vacancy in the office of assessor is filled through 
appointment by the board of commissioners. At the next bi- 
ennial general election (held on the 1st Tuesday after the 
1st Monday in November in the even-numbered years), an as- 
sessor is elected for the remainder of the term in which the 
vacancy occurred. The person appointed or elected to fill 
a vacancy must take oath and post bond, as was required of 
his predecessor; and he holds office until his successor is 
elected and qualified. ° 



8 Acts 1817-18 (general), ch. 42, sec. 23. Acts 1933; Bums 49-1004, 49-3011; Baldwin 7534, 
7541. Acts 1919; Burns 64-1103; Baldwin 15698. 

4 Acts 1931, 1933, 1939; Burns, 1940 suppl., 6-2408; Baldwin, 1939 suppl., 15946. 

5 Acts 1919, 1921; Burns 64-1101; Baldwin 15696. 

6 Acts 1933; Burns 49-1005; Baldwin 7535. 

7 Const. 1851, art. 2, sees. 6, 7; art. 6, sec. 8. Acts 1897, 1SG9; Burns 49-821 to 49-834, 49- 
836; Baldwin 13154 to 13166, 13050, 13168. Acts 1875; Burns 49-837; Baldwin 13052. 

8 Acts 1897, 1899; Burns 49-834; Baldwin 13050. 

9 Acts 1881 (Spec. Sess.); Burns 4-303; Baldwin 1397. Acts 1919, 1921; Burns 64-1101; Bald- 

ConsT;. 1851, art. 6, sec. 9. Rev. Stat. 1843, ch. 7, sec. 61. Acts 1881 (Spec. Sess.); Burns 



win 156P6. 
1 



302 TIPPECANOE COUNTY 



Subject to the approval of the board of commissioners, 
the assessor may appoint one or more deputies to serve no 
more than 30 days in any calendar year. Each deputy rece ives 
$4 per day as compensation. They have the same qualifica- 
tions, powers, and duties as the assessor, are subject to 
his control and direction, and must take the oath of office 
required of the assessor. With the approval of the board 
of rotim i ss i oner s , the assessor may also employ clerical assist- 
ants who shall each receive compensation not exceeding $5 
per day, pursuant to appropriation by the county council. * 

From the organization of Tippecanoe County in 1826 
until 1841, assessors (often called listers) were appointed 
annually by the board doing county business, to list all pro- 
perty subject to taxation and to determine the value thereof 
(where the tax was based on value). Under acts of 1824 
and 1831 any person refusing to accept his appointment as 
assessor was subject to a penalty of $25. 15 An act of Feb- 
ruary 10, 1841 provided for the election o f a county assessor 
in each county for a 2-year term. The office of county 
assessor was abolished in 1852, and the duties thereof were 
transferred to township assessors elected for 2-year terms. 
From 1841 to 1872 real property was valued by appraisers 
appointed, from time to time as needed, by the board of com- 
missioners. The elective office of county assessor (2-year 
term) replaced that of appraiser in 1872; 19 but in 1875 the 
office was abolished, and the duties were transferred to 



29-701; Baldwin 7081. 1 Rev. Stat. 1852; Burns 49-405, 49-408, 49-409; Baldwin 13104, 13106, 13107. 
Acts 1919, 1921; Burns 64-1101; Baldwin 15696. Douglass v. State ex rel. Wright, 31 Ind. 429 (1869). 
Opinions of the Attorney General of Indiana, 1936, p. 9. Information obtained from Omer Stokes 
Jackson, Attorney General of Indiana, on July 11, 1939, by W. Davis Hamilton. 

1 l 1 Rev. Stat. 1852; Burns 49-101; Baldwin 13054. Acts 1919; Burns 64-1102; Baldwin 15698. 

1 2 Acts 1933; Eurns 49-1011; Baldwin 7541. 

1 S 

Acts 1925-26, ch. 10, sec. 1 (Tippecanoe organization act). 

1 4 Acts 1807, ch. 51, sec. 11; ch. 92, sec. 1. Acts 1811, ch. 35. sees. 1, 17. Acts 1813-14, 
ch. 32, sees. 1-3. Act? 1816-17, ch. 19, sees. 1-6, 8, 16. Acts 1817-18 (special), ch. 36, sec. 3. Acts 
1817-18 (general), ch. 42, sec. 1. Rev. L. 1824, ch. 15, sec. 7; ch. 86, sees. 5-7. Rev. L. 1831, ch. 
81, sees. 3-5. Rev. Stat. 1838, ch. 21, sec. 12. 

5 Rev. L. 1824, ch. 86, sec. 29. Rev. L. 1831, ch. 81, sec. 4. 

1 6 Acts 1840-41 (general), ch. 3, sec. 1. 

1 7 1 Rev. Stat. 1852, ch. 6, sec. 64; ch. 92, sec. 1. 

1 8 Acts 1840-41 (general), ch. 1, sees. 1-12, 20. Acts 1850-51 (general), ch. 5, sec. 1. 1 
Rev. Stat. 1852, ch. 6, sees. 44, 45. Acts 1858 (Spec. Sess.), ch. 2, sec. 1. 
9 Acts 1872 (Spec. Sess.), ch. 37, sees. 107, 276. 



COUNTY ASSESSOR 303 

township assessors elected for 2- year terms. An act of 
March 6, 1891 reestablished the office of county assessor. 
Under this law the assessor was elected for a 4- year term, 
and was not eligible for reelection until 4 years after the 
expiration of the term for which he was elected, He was 
required to be a resident freeholder and householder of the 
county not less than 5 years before the date of his election." 
The act of 1891 was superseded by the act of 1919 ment i oned 
in the first paragraph herein. In 1933 the office of town- 
ship assessor was abolished in each township having a popula- 
tion not exceeding 5,000 (all townships except Fairfield and 
Wabash), and the duties of the office were transferred to 
the townshi p trustee . ~ J Reference hereinafter to township 
assessors includes township trustees performing the duties 
prescribed by statutes for township assessors. 

FUNCTIONS AND RECORDS 

The duties of the county assessor are to examine tax 
duplicates and other records and papers in the office of the 
auditor, treasurer, recorder, clerk, sheriff, and surveyor, 
together with the returns of the township assessors; to dis- 
cover, listj and assess (after notice to the owner) all omit- 
ted property of every kind, entering his valuations in a 
separate column on the township assessors' books; to receive 
lists of registrations of motor vehicles and trailers from 
the state motor vehicle commissioner, and to check, verify, 
and ascertain that all motor vehicles and trailers owned by 
the listed registrants residing in the county are on the 
assessment lists of the county; to advise and instruct the 
township assessors; to report to the state board of tax com- 
missioners any incompetency or neglect of duty on the part 
of township assessors; and determine the value of taxable 
intangibles, 2 Under appointments by tbe circuit court, he 



2 ° Acts 1875, ch. 97, sees. 2, 7, 9. 

2 1 Acts 1891, ch. 99, sec. 112. 

2 2 Acts 1933; Burns 64-1031; Baldwin 15664, 

23 Acts 1927, 1937; Bums, 1940 suppl., 47-129; Baldwin, 1937 supply 11145. Acts 1919; 
Burns 64-1102; Baldwin 1569S. Acts 1919, 1927; Burns 64-2103; Baldwin 15804. McConnell v. Hamp- 
ton, 164 Ind. 547, 73 N. E. 1092 (1905); Deniston v. Terry, 141 Ind. 677, 41 N. E. 143 (1895). Thirty- 
Ninth Annual Conference of the State Board of Tax Commissioners and County Assessors if Indiana, December 
20, 21, 22, 1939 (1940), 22-30, 53-139. 

2 4 Acts 1933, 1935; Burns, 1940 suppl., 64-905; Baldwin, 1935 suppl., 15903. "Valuation of 
Intangibles," Thirty-Ninth Annual Conference of the State Board of Tax Commissioners and County Asses- 
sors of Indiana, December 20, 27, 22, 1939, (1940), 39-53. 



304 TIPPECANOE COUNTY (277) 

serves as appraiser of estates in the administration of the 
inheritance tax law." He appraises school property in ac- 
cordance with laws concerning transfer of pupils from one 
school to another." He in a member and president of the 
county board of review." His work is under the direction 
of the state board of tax commissioners.*^ 8 Formerly the 
county assessor made out the assessment rolls (now made by 
the auditor), ' took a census of deaf mutes in the county 
(now done by township assessors), and kept a book showing 
the names of all blind, dumb, deaf, or insane persons in the 
county. 

Assessments by the county assessor under the property 
tax laws are subject to review by the county board of review. 
Such assessments are also reviewable by the circuit court 

S 2 

on the question of taxability of the property. 

The assessor must return to the auditor, on or before 
the 1st Monday after July 4 each year, all township assessors' 
books, returns, lists, schedules, maps, and other papers re- 
ceived by him from the auditor, toge ther w i ih such addi t i onal 
lists, assessments, books, and papers as he has made there- 
to. 3 He is not required to keep any records permanently . 

277. [TOWNSHIP ASSESSORS' REPORTS], 1931— . 1 f. d. f 2 f. b. 
Township assessors' weekly statistical reports to county 
assessor of assessments made, showing date of report, name 



25 Acts 1881 (Spec. Seas.); Burns 4-303; Baldwin 1397. Acts 1931, 1933, 1939; Burns 1940 
suppl., 6-2408; Baldwin, 1939 suppl., 15946. "Inheritance Tax, Thirty -Ninth Annual Conference of the 
State Board of Tax Commissioners and Comity Assessors of Indiana, December 20, 21, 22, 1939 (1940), 
32-39. 

2 6 Acts 1901, 1909, 1915, 1921; Burns 28-3704; Baldwin 6288. 

2 7 Acts 1919, 1920 (Spec. Sess.); Burns 64-1201; Baldwin 15700. 

2 8 Acts 1919, 1921; Burns 64-1101; Baldwin 15696. 

9 Rev. L. 1824, ch. 86, sees. 4, 5, 7. Acts 1838-39 (general), ch. 14, sees. 14, 15. Rev. 

Stat. im, ch. 12, sec. 28. Acts 1919; Burns 64-1403, 64-1408; Baldwin 15740, 15745. 

Acts 1838-39 (general), ch. 41, sec. 1. Acts 1849-50 (general), ch. 17, sec. 4. Acts 

1859, ch. 7, sees. 1, 2. Acts 1891, ch. 99, sec. 54. Acts 1919; Burns 64-607; Baldwin 15575. 
S 1 

3 2 



3 l Acts 1849-50 (general), ch. 17, sees. 2, 3. 



Acts 1919, 1920 (Spec. Sess.); Burns 64-1201, 64-1205; Baldwin 15700, 15704. Acts 1919, 
1927; Burns 64-2103; Baldwin 15804. This statement of the scope of the appeal was suggested by 
Philip Zoercher, chairman of the state board of tax commissioners. 

3 3 Acts 1919; Burns 64-1102; Baldwin 15698. 

3 4 

Information obtained from E. P. Brennan, state examiner, on May 18, 1939, by W. Davis 

Hamilton. 



(278-280) COUNTY ASSESSOR 305 

of property owner and taxing unit, itemized list of property, 
valuation of property, and total assessed valuation. A r r . 
chron. by dates of reports. No index. Hdw . F. d . , 6 x 
36 x 30; f. b., 14 x 12 x 24. 1 f. d. ( 1931-33, janitors'' 
rm.; 2 f. b., 1934", assr. off. 

278. [Assessor's Reports], 1931 — . 2 f. d. 
Copies of county assessor's bi-monthly reports to state 
board of tax commissioners of personal property assessments , 
showing dates of report and assessment; name of taxing unit; 
number, kind, and value of items assessed; and average value 
of property in taxing unit. Arr. chron. by dates of reports. 
No index. Hdw. 6 x 18 x 24, And. off. 

2 79. [Assessor's Papers], 19 35-. 12 f, b. 
Contains : 

i. Appraisals of property of estates to determine 
amount of inheritance tax, showing date of ap- 
praisal; names of estate, heirs, and guardian, 
executor or administrator; value of estate; 
itemised list of claims; and amounts of exemp- 
tion and inheritance t s x . 
ii. Assessor's estimate of the valuation of school 
property, 1938—, showing date of estimate; 
names of township, school, and assessor; and 
value of land and improvements. 
iii. Copies of notices sent to owners of property not 
listed for taxation, showing date of notice, 
names of property owner and taxing unit, loca- 
tion and description of property, and amount of 
assessment . 
iv. Orders issued by state board of tax "co mm i ss i oners 
granting petitions for reassessment of property, 
showing da te.s , o f order and petition, name of 
petitioner, location and description of property, 
and amounts of new and old assessment. 
Arr. chron. by dates of instruments. No index. Hdw. and 
typed. 11 x 5 x 14. Assr. off. 

280. LAFAYETTE AND WEST LAFAYETTE, 1923. 1 map. 
Land ownership and communication map, showing names and 
locations of streets, rivers, railroads, parks, public build- 
ings, factories, original town, and additions; and number 
and location of state roads, blocks, and lot.s. Drawn by H. 
Fred Kessener, Lafayette , Indiana. Black and white. Scale: 
1" to 240' . 60 x 78. Assr. off. 



306 TIPPECANOE COUNTY 

XXI. COUNTY BOARD OF REVIEW 

LEGAL STATUS 

The county board of review has existed in Tippecanoe 
County ever since 1891 under the mandatory requirements of 
acts of 1891, l 1895, 2 and 1919. The board is composed of 
the county assessor, auditor, and treasurer, and two free- 
holders of opposite political parties, appointed annually 
by the judge of the circuit court." An appointed member 
must be an elector of the county at the time o f hi s a ppo int- 
ment, must have been an inhabitant thereof throughout the 
preceding year, and must reside within the county after his 
appointment. Every member must take an oath that he will 
support the State and Federal Constitutions and will faith- 
fully discharge his dutiea as a member of the board of re- 
view and will assess, review, and equalize the assessment 
of all property of the county according to the true cash 
value of such property. 5 The assessor and auditor are re- 
spectively the president and secretary of the county board 
of review. 6 

The appointed members of the county board of review 
receive, as compensation, $5 for each day actually served as 
members of the board. Allowance therefor is made by the 
board of commissioners on claims supported by the certifi- 
cate of the assessor. The assessor, auditor, and treasurer 
receive no compensation, in addition to their regular sal- 
aries, for their services on the board of review. Before 
1933 the auditor and treasurer received, in add i t i on to the ir 
regular salaries, $5 per day for each day actually served as 
members of the board. 

For sufficient legal grounds any member of the county 
board of review may be removed by the circuit court, after 
trial by jury on an accusation presented by the grand jury 



Acts 1891, ch. 99, sec. 114. 

2 Acts 1895, ch. 36, sec. 2. 

3 Acts 1919, 1920 (Spec. Sess.); Burns 64-1201; Baldwin 15700. 

4 Cons!:. 1851, art. 6, sees. 4, 6. 

5 ma.', art. 15, sec. 4. 1 Rev. Stat. 1852; Burns 49-101; Baldwin 13054. Acts 1919, 1920 



(Spec. Sess.); Burns 64-1201; Baldwin 15700. 

6 

7 



6 Acts 1919, 1920 (Spec. Sess.); Burns 64-1201; Baldwin 15700. 



Acts 1933; Burns 49-1001, 49-1004; Baldwin 7531, 7534. Acts 1919, 1920 (Spec. Sess.); Burns 
64-1201, 64-1204; Baldwin 15700, 15703. Opinions of the Attorney General of Indiana, 1934, p. 313; 
1936, p. 130. 



COUNTY BOARD OF REVIEW 307 

or verified by the oath of any person; and such removal is 
subject to review by the supreme court. 8 If any member is 
convicted of a felony the judgment of convi c tion must decl are 

his office vacant. The judge of the circuit court fills 
vacancies as to members appointed by him. L Any vacancy 
in the office of the other members is filled by replacement 
in the office of county assessor, auditor, or treasurer, as 
the case may be, the membership in the board of review being 
an incident to such office. 11 

Before 1891 duties analogous to those of the present 
board of review were performed by the following officers 
and boards: From the organization of Tippecanoe County in 
1826 through 1838, clerk of the circuit court and assessors 
or listers; 13 1839 through 1840, board of commissioners, 
clerk of the circuit court, and assessors or listers; 1841, 
board of commissioners, county assessor, and auditor (per- 
sonal property only); 1841, board of equalisation, composed 
of the board of commissioners, auditor, and appraiser (real 
estate only); 15 1842 through 1852, board of equalisation, 
consisting of the board of commissioners, county assessor, 
and auditor; 16 1853 through 1871, board of equalization, 
composed of the board of commissioners, auditor, and assess- 
ors for personal property, and composed of the board of 
commissioners, auditor, and appraisers for real estate; 
1872 through 1880, board of equalization, including the board 
of commissioners, county assessor, and auditor; 9 and 1881 
through 1890, board of equalization, consisting of the board 



° ConsT;. 1851, art. 2, sees. 6, 7; art. 6, sec. 8. Acts 1897, 1899; Burns 49-821 to 49-834, 
49-836; Baldwin 13154 to 13166, 13050, 13168. Acts 1875; Burns 49-837; Baldwin 13052. 
9 Acts 1897, 1899; Burns 49-834; Baldwin 13050. 
1 ° Acts 1919, 1920 (Spec. Sess.); Burns 64-1201; Baldwin 15700. 

See the essays entitled" Auditor," "County Assessor," and "Treasurer." 

1 2 

Acts 1825-26, ch. 10, sec. 1 (Tippecanoe organization act). 

1 3 Rev. L. 1824, ch. 86, sec. 7, Acts 1825, ch. 47, sec. 3. Rev. L. 1831, ch. 81, sees. 5, 



7, 8. 



305 (1853). 

1 8 



1 4 Acts 1838-39 (general), ch. 14, sees. 5, 14, 15. 

1 5 Ibid. Acts 1840-41 (general), ch. 1, sees. 9, 13. 

1 6 Acts 1840-41 (general), ch. 1, sec. 18. 

1 7 1 Rev. Stat. 1852, ch. 6, sec. 91. Acts 1867, ch. 110, sec. 2. 

The Revised Statutes of 1852 became effective on May 6, 1853. Jones v. Cavins, 4 Ind. 

1 Rev. Stat. 1852, ch. 35, sec. 2. Jones v. Cavins, 4 Ind. 305 (1653). 



1 9 Acts 1872 (Spec. Sess.), ch. 37, sees. 150, 277, 278. 



308 TIPPECANOE COUNTY 

of commissioners and four freeholders (from different parts 
of the county) appointed by the circuit judge. 20 The board 
of review under the act of 1891, referred t# in the first 
paragraph of this essay, was composed of the county assessor, 
auditor, and treasurer; 21 and from 1895 to 1918 it was com- 
posed, as at present, of the county assessor, auditor, treas- 
urer, and two freeholders appointed by the circuit judge. 

FUNCTIONS AND RECORDS 

The county board of review hears complaints of taxpayers 
concerning new assessments (except those made by the state 
board of tax com mi ssioners), reviews and corrects such assess- 
ments , equalizes new property valuations, and assesses omitted 
property. The tax list prepared by the county assessor and 
township assessors stands except in the particulars where it 
is changed by the board. The board has power to set aside 
the new assessments for the whole county or a whole taxing 
unit therein and to order another assessment by the county 
assessor and township assessors under instructions from the 
b®ard.~° The action of the board is subject to review by 
the state board of tax commissioners." On questions of law 
concerning valuation of property, the decisions of the board 
of review and of the state board of tax commissioners; may 
be reviewed by the circuit court; and appeal (on law and 
facts) may be taken from the board of review to the circuit 
court on the questioa of the property's taxability.™' 5 

The board of review values and assesses the franchises, 
privileges, and capital stock of certain classes of corpora- 
tions, and reviews the assessments of the tangible property 
of such corporations. Reports filed by these corporations 
with the county assessor are examined by the board. From 
the findings of the board the auditor computes the corporation 



20 Acts 1881 (Spec. Sees.), ch. 96, sec. 129. 

2 X Acts 1891, ch. 99, sec. 114. 

22 Acts 1895, ch. 36, sec. 2. 

2?J Acts 1933; Burns 64-1031; Baldwin 15664. Acts 1919, 1920 (Spec. Sess.); Burns 64- 1201. 
64-1205; Baldwin 15700, 15704. "Uniformity of Assessments," Thirty-Ninth Annual Conference of (he 
Stale Board of Tax Commissioners and County Assessors of Indiana. December 20, 21, 22, 1939 (Indian- 
apolis, 1940), pp. 54-57. 

24 Acts 1919, 1935; Burns, 194.0 suppl., 64-1321; Baldwin, 1935 suppl., 15725. State board 
of tax commissioners, tax rule 6. 

2 5 Acts 1927; Burns 64- 1020; Baldwin 15686. Acts 1919, 1927; Burns 64-2103; Baldwin 15804. 
This statement of the scope of the appeal was suggested by Philip Zoercher, chairman of the state 
board of tax commissioners. 



(281) COUNTY BOARD OF REVIEW 309 

taxes to be placed on the tax duplicate. This action of the 
county board is reviewable by the state board of tax commis- 
s ioners . 26 

Sworn written statements to obtain tax deductions on 
mortgaged realty and to obtain tax exemptions of realty and 
personalty used for educational, charitable, religious, fra- 
ternal, literary, or scientific purposes are filed with the 
auditor each year and are presented by him to the board of 
review for decision thereon. The action of the board of re- 
view is reviewable by the state board of tax commissioners. ' 

The board of review, after giving 2 weeks' notice s holds 
an annual meeting beginning on the 1st Monday of June; 
and the session can last 40 days in any year in which the 
state board of tax commissioners orders reassessment of any 
real estate in the county, and 30 days in other years. Ad- 
ditional time for completing this board's duties may be 
allowed by the state board of tax commiss ioners. A major- 
ity of all the members of the board of review constitutes 
a quorum for the transaction of business, and such majority 
must concur in decisions of the board. The sheriff serves 
all of the board's process not served by the assessor, and 
obeys all orders of the board. The auditor, as secretary, 
is required to keep full and accurate minutes of the proceed- 
ings of the board. The county assessor, as president, 
keeps an attendance record; and, at the close of the session, 
certifies to the board of commissioners the number of days 
actually served by each member. 

281. Board of Review Record, 1891-. 20 vols. 
Minutes of meetings of board of review, showing date of meet- 
ing, names of members present, subjects discussed, and actions 
taken. Arr. chron, by dates of meetings. No index. Hdw., 
1891-1903; typed, 1904". 75 pp. 14 x 10 x y 2 . Aud. rec. rm. 



6 Acts 1919, 1921; Burns 64-723, 64-724; Baldwin 15637, 15638. 



2 7 Acts 1919, 1939; Burns, 1940 suppl., 64-209 to 64-211; Baldwin, 1939 suppl., 15565 to 15567. 
Acts 1937; Burns, 1940 suppl., 64-213; Baldwin, 1937 suppl., 15518-2, 

No application for exemption is required as to property of the State of Indiana, the United 
States, municipal corporations, and political subdivisions of the state, nor for property owned 
and used by churches, state-accredited schools, hospitals, and college fraternities and sororities. 
Acts 1937; Burns, 1940 suppl., 64-215; Baldwin, 1937 suppl., 15518-4, 

2 8 Acts 1919, 1920 (Spec. Sess.); Burns 64-1201; Baldwin 15700. 

2 9 Acts 1919; Burns 64-1205; Baldwin 15704. Tax rule 6 (as amended July 1, 1939) of the 
state board of tax commissioners. 

3 ° Acts 1919, 1920 (Spec. Sess.); Burns 64-1201; Baldwin 15700. 
S X Acts 1919; Burns 64-1204; Baldwin 15703. 



310 TIPPECANOE COUNTY 

XXII. COUNTY BOARD OF TAX ADJUSTMENT 

LEGAL STATUS 

The county board of tax adjustment has existed in Tippe- 
canoe County ever s ince 1932 under the mandatory requirements 
of acts of 1932, x 1933, 2 and 1937. The board consists of 
seven members, chosen as follows: One member of the county 
council, selected by the council; the mayor of the city of 
Lafayette or any public official of the city appointed by him; 
one member of the county board of education, selected by that 
board; and four personb who are citizens and freeholders of 
the county, appointed before April 15 each year by the judge 
of the circuit court and the judge of the superior court (each 
judge appointing two members), to hold office until April 
15 of the following year. No more than four of the seven 
members of the board of tax adjustment may be members of 
the same political party. Each member must be an elector 
O'f the county at the time of his appointment, must have been 
an inhabitant thereof throughout the preceding year, must re- 
side within the county after his appointment, and must take 
an oath to support the State and Federal Constitutions and 
faithfully discharge the duties of his office. 

The county board of tax adjustment elects a chairman 
and a vice chairman from among its members: and the auditor 
acts as clerk, but has no vote in its proceedings. The mem- 
bers of the board serve without compensation. The board 
may employ one of the examiners of the state board of ac- 
counts to assist in the duties of the county board of tax ad- 
justment; and the auditor pays from county funds the expenses 
in connection with such employment. 4 

For sufficient legal grounds any member of the county 
board of tax adjustment may be removed from office by the 
circuit couri, after trial by jury on an accusation presented 
by the grand jury or verified by the oath of any person; and 
such removal is subject to review by the supreme court." 
If any member is convicted of a felony the judgment of 



1 Acts 1932 (Spec. Sess.), ch. 10, sec. 4. 

2 Acts 1933, ch. 237, sec. 4. 

3 Const. 1851, art. 6, sees. 4, 6; art. 15, sec. 4. 1 Rev. Stat. 1852; Burns 49-101; Baldwin 
13054. Acts 1937; Burns, 1940 suppl., 61-310; Baldwin, 1937 suppl., 15897-4. 

4 Acts 1937; Burns, 1940 suppl., 64-310; Baldwin, 1937 suppl., 15897-4. 

5 ConsT:. 1851, art. 2, sees. 6, 7; art. 6, sec. 8. Acts 1897, 1899; Burns 49-821 to 49-834, 49- 
836; Baldwin 13154 to 13166, 13050, 13168. Acts 1875; Burns 49-837; Baldwin 13052. 



-UNTY BOARD OF TAX ADJUSTMENT 311 

A v a c a n c y i n 

the office of an y m e m b e r is f i 1 led in t h e marine r p r o vide d 
by law for filling such office originally, 7 

Before 1932 no con n t y officer or board performed duties 
analogous to those of the county board of tax adjustment, 
except that in 1920 the county's tax levies w ere reviewable 
by the county council. 8 Since 1919, with the exception of 
1920, the budgets, tax levies, and tax rates of the county 
and the taxing units therein have been reviewable directly 
by the state board of tax commissioners in certain instances. 
Before 1919 the sole remedy of a t a x p a y e r to obtain a r e v i e w 
of such budgets, tax levies, or tax r a t e s was to a p p 1 y to a 
court for an injunction." 

The board o f t a x a d j u s t m e n t u n d e r the act of 1 S 3 2 , re- 
ferred to in the first paragr a p h of t h i s e s s a y , w a s c o m posed 
of seven m e m b e r s , n am e 1 y , t h e auditor, three me m b e r s of t h e 
county, council ( s e 1 e e t e d a n n u ally by the council), and three 
members appointed a n n u a 1 1 y b y the j u d g e of the c i r c n I i c o urt. 
The board established u n d e r the act of 1933 was composed o f 
seven members appointed for 1-year terms. One member was 
a p p o i n t e d b y the c o u n t y c o u n c i 1 f r o m t b e m e m b e r s of the 
council. The other six members were appointed by the judge 
of the c i r c u i t c o urt, as f o I 1 o w s : A tow a ship trustee; t h e 
mayor of a city or the president of the board of trustees of 
a town; a m ember of t h e b o a r d o I s c h o o 1 c ommissione r s , bo a r d 
of school t r u s t e e s , or board of education of a s c h o o 1 c i t y o r 
school to w n ; and t h r e e resident freehold e r s of the c o u n t. y a t 
large, not holding any other public office by virtue of an 
election held or anno i n t m e n t made wit h in thee o u n t y , and not 
closely related to the executive h e ad of a n y m u n i c i p a 1 c o r p ora- 
tion of which the board of tax adjustment had jur isd i ction. 



7 Acts 1937; Burns, 1940 suppl., 64-810; Baldwin, 1937 suppl., 15897-4, 

Acts 1920 (Spec. Sess ), ch. 49, sec. 3. Information obtained from Philip Zoercher, 
chairman of the state board of tax commissioners, on May 22, 1939 by W. Davis Hamilton. 

9 Acts 1919, 1920 (Spec. Sess.); Burns 64-1303, 64-1329, 64-1330; Baldwin 15707, 15733, 15734. 
Acts 1919, 1920 (Spec. Sess.), 1921, 1927, 1935; Burns, 1940 suppl., 64-1331; Baldwin, 1935 suppl., 
15735. 

1 ° Toledo & W. R. Co, v. Lafayette, 22 Ind. 252 (1864); First Nat. Bank v. Greger, 157 
Ind. 479, 62 N. E. 21 (1901). Information obtained from Philip Zoercher, chairman of the state 
sx commissioners, on May 22, 1939, by 
Acts 1932 (Spec. Sess.). ch. 10, sec. 4. 



board of tax commissioners, on May 22, 1939, by W. Davis Hamilton 
1 1 



1 2 Acts 1933, ch. 237, sec. 4. 



312 TIPPECANOE COUNTY (282-283) 

FUNCTIONS AND RECORDS 

The board of tax adjustment reviews budgets, tax levies, 
and tax rates adopted by the county council for the county 
and also those adopted by the several taxing uni ts wi thin the 
county. The action of the board of tax adjustment is sub- 

ject to review by the state board of tax commissioners." 

The board of tax adjustment meets on the 2d Monday in 
September each year, and from day to day thereafter as its 
business requires, and must complete its duties on or before 
October l. 15 The auditor, as clerk, keeps a complete record 
of the proceedings of the board. 16 

282. [MINUTES OF BOARD OF TAX ADJUSTMENT] , 1933— . 1 f. d. 
Minutes of meetings of board of tax adjustment, showing 
date of meeting, names of members present, business dis- 
cussed, and action taken. Arr. chron. by dates of meetings. 
No index. Typed. 5 x 16 x 20. Aud . off. 

283. [TAX LEVIES], 1837-. In [Commissioners' Papers], 
entry 1 . 

Tax levies established or proposed by each taxing uni t , show- 
ing date of statement, name of taxing unit, and itemized 
levy for each fund. 



XXIII. BOARD OF FINANCE 

LEGAL STATUS 

The board of finance has existed in Tippecanoe County 
ever since 1907 under the mandatory requirements of acts of 
1907, 1935, and 1937. Ever since 1907 the board has been 
composed of the county commissioners of Tippecanoe County, 
with the county auditor serving as secretary. 

The county auditor and the county commi ss ioners receive 
no compensation for their services as secretary and members , 



1 S Acts 1899; Burns 26-515; Baldwin 5379. Acts 1937; Burns, 1940 suppl., 64-310, 64-311; 



Baldwin, 1937 suppl., 15897-4, 15897-5. 
14 

1 5 



1 4 Acts 1937; Burns, 1940 suppl., 64-311, 64-314; Baldwin, 1937 suppl., 15897-5, 15897- 



Acts 1937; Burns, 1940 suppl., 64-310, 64-311; Baldwin, 1937 suppl., 15897-4, 15897-5. 
1 6 Acts 1937; Burns, 1940 suppl., 64-310; Baldwin, 1937 suppl., 15897-4. 
1 Acts 1907, ch. 222, sec. 6 (repealed by Acts 1935, ch. 70, sec. 42). Acts 1935, ch. 70, 
sees. 7, 43 (repealed by Acts 1937, ch. 3. sec. 42). Acts 1937; Eurns, 1940 suppl., 61-629, 61-663; 
Baldwin, 1937 suppl., 13844-50, 13844-84. For laws concerning eligibility, oath, and removal of 
these officers, see the essays entitled "Auditor" and "Board of Commissioners." 



BOARD OF FINANCE 818 

respectively, of the board of finance. From 1907 to 1932, 
and in 1935 * n d 1936, to auditor received $ 5 per year.' 
Before 1907 no county officer or board performed duties 
analogous to those of the board of finance. 8 

FUNCTIONS AND RECORDS 

The board of finance has supervision of all public funds 
of the county and of the safekeeping and deposit thereof. 
After inviting proposals from each bank and trust company 
in the county, the board designates depositories for county 
funds, and for all fees and funds received by the clerk of 
the circuit court by virtue of his office. 6 It may revoke 
the commission of any depository at any time. In the name 
of "The Board of Finance of Tippecanoe County," the board 
may sue and be sued in any action in any court of competent 
jurisdiction. 8 

The board of finance holds an annual meeting on the 3d 
Monday in January, at which it elects its president; and 
holds a biennial meeting on the 3d Monday in February, in 
the odd-numbered years, at which it considers proposals and 
designates depositories for the ensuing 2-year period. 10 
The board holds sessions whenever necessary to discharge its 
duties and accomplish the purposes of the 1 aws governing i t . 
A majority of the members cons t i tutes a quorum for the trans- 
action of business. All meetings are open to the public. 

The board keeps as permanent records the depositories 1 
monthly statements of deposits. The auditor, as secretary 



2 Acts 1907, ch. 222, sec. 7 (repealed by Acts 1935, ch. 70, sec. 42). Acts 1935, ch. 70, sec. 
7 (repealed by Acts 1937, ch. 3, sec. 42). Acts 1933; Burns 49-1001, 49-1004; Baldwin 7531, 7534. 
Acts 1937; Burns, 1940suppl., 61-629; Baldwin, 1937 suppl., 13844-50. Opinions of the Attorney General 
of Indiana, 1934, p. 313; 1933, v. 130. 

Information obtained from E. P. Brennan, state examiner, on May 31, 1939, by W. Davis 



Hamilton. 

4 



Acts 1937; Burns, 1940 suppl., 61-629; Baldwin, 1937 suppl., 13844-50. 
Defunct depositories. Opinions ^of the Attorney General of Indiana, 1939, p. 247. 

5 Acts 1937; Burns, 1940 suppl., 61-634 to 61-636; Baldv/in, 1937 suppl,, 13844-55 to 13844-57. 

6 Acts 1937; Burns, 1940 suppl., 61-673; Baldwin, 1937 suppl., 1438-1. 

7 Acts 1937; Burns, 5940 suppl., 61-636; Baldwin, 1937 suppl., 13844-57. 

8 Acts 1937; Burns, 1940 suppl., 61-633; Baldwin, 1937 suppl., 13844-54. 

1 

cts 1937; Burns, 1940 suppl., 61-633; Baldwin, 1937 suppl., 13844-54. 



9 Ibid. 

Acts 1937; Burns, 1940 suppl., 61-626; Baldwin, 1937 suppl., 13844-57 
1 1 



1 2 Acts 1937; Burns, 1940 suppl., 61-638; Baldwin, 1937 suppl., 13844-59. 



314 TIPPECANOE COUNTY (2S4-285) 

of the board of finance, 10 keeps a record of its proceedings. 
All'records of the board are subject to public inspection. 

284. [BOARD OF FINANCE Papers], 1907"-. In [Commission- 
ers 1 Papers], entry 1. 
Board of finance documents, including: 

i. Bonds posted by public depositories, showing date , 
amount, and conditions of bond; and names of 
principals and sureties, 
ii. Depository proposal^ showing dates of instrument, 
acceptance, and filing; names and addresses, of 
depository and officials; amounts of assets and 
liabilities; and esnditions of proposal and con- 
tract . 
iii. Monthly depository statements, showing date of 
statement, name of depository, amounts of de- 
posits and withdrawals, and amount of interest 
on minimum balance. 
2 85. RECORD OF BOARD OF FINANCE, 190 7", 1 vol, 
Minutes of meetings af board of finance, showing date of 
meeting, names of members present, subjects discussed, and 
action taken. Arr. chron. by dates of meetings. No index- 
Hdw. 584 pp. 16 x 12 x 3. Aud. off. 



XXIV. COUNTY SCHOOL FUND BOARD 

LEGAL STATUS 

The county school fund board has existed in Tippecanoe 
County ever since 1935 und©r the mandatory requirements of 
an act of 1935. The board is composed of the county auditor, 
the clerk of the circuit court, and one member appointed by 
the judge of the circuit court for a 2 = year term. No more 
than two members of the board may be adherents of the same 
political party. 1 The appointed member must be an elector 
of the county at the time of his appointment, must have been 
an inhabitant thereof throughout the preceding year, must 
reside within the county after his appointment, 2 and must 



1 S Acts 1937; Burns, 1940 suppl., 61-629; Baldwin, 1937 suppl., 13844-50. 
1 4 Acts 1937; Burns, 1940 suppl., 61-633; Baldwin, 1937 suppl., 13844-54. 

1 Acts 1865, 1935; Burns, 1940 suppl., 28-209; Baldwin, 1935 suppl., 6558. 

2 Cons!. 1851, art. 6, sees. 4, 6. 



COUNTY SCHOOL FUND BOARD 315 



take an oath to support the State and Federal Constitutions 
and faithfully discharge his duties. 8 

The appointed member of the county school fund board 
receives, as compensation, $2 for each loan made by the 
board, which amount is taxed as a part of the costs and is 
paid by the borrower. The auditor and the clerk of the 
circuit court receive no compensation, in addition to their 
regular salaries, for their services on the county school 
fund board. 4 

For sufficient legal grounds any member of the county 
school fund board may be removed by the circuit court, after 
trial by jury on an accusation presented by the grand jury 
or verified by the oath of any person; and such removal is 
subject to review by the supreme court, If any member is 
convicted of a felony the judgment of convi c t ion mus t dec lare 
his office vacant. The judge of the circuit court fills the 
vacancy as to the member appointed by him. Any vacancy 
in the office of the other members is filled by replacement 
in the office of the county auditor or clerk of the circuit 
court, as the case may be, the membership in the county 
school fund board being an incident to such office. 8 

From 1829 to 1849 loans from the school funds were made 
by the county school commissioner. In 1849 this office was 
abolished and the duties thereof were divided between the 
auditor and the treasurer, under the direction of the board 
of commissioners. With appraisals made by the township 
trustees, the auditor had authority to make loans until 
1935. 10 An act of March 12, 1935 (repealed on March 9, 
1937) authorized the auditor, with the approval of the board 
of commissioners, to employ an "administrator of the school 

ConSt. 1851, art. 15, sec. 4. 1 Rev. Stat. 1852; Burns 49401; Baldwin 13054. 
For the qualifications and oath of the ex officio members, see the essays entitled "Au- 
ditor" and "Clerk of the Circuit Court." 

4 1 Rev. Stat. 1852, ch. 98, sec. 69. Acts 1853, ch. 106, sec. 5. Acts 1865, 1935; Burns, 
1940 suppl., 28-209; Baldwin, 1935 suppl., 6558. 

5 Const. 1851, art. 2, sees. 6, 7; art. 6, sec. 8. Acts 1881 (Spec. Sess.); Burns 4-303; Bald- 
win 1397. Acts 1897, 1899; Burns 49-821 to 49-834, 49-836; Baldwin 13154 to 13165, 13050, 13168. Acts 
1875; Burns 49-837; Baldwin 13052. McCornas v. Krug, 81 Ind. 327 (intoxication) (1879). 

6 Acts 1897, 1399; Burns 49-834; Baldwin 13050. 

7 Acts 1865, 1935; Burns, 1S40 suppl., 28-209; Baldwin, 1935 suppl., 6558. 



See the essays entitled "Auditor" and "Clerk of the Circuit Court. 

t 
1 



9 
See the essay entitled "County School Commissioner (1829-49)." 



1 Rev. Stat. 1852, ch. 98, sees. 34, 35. Acts 1865, ch. 1, sec. 75. 



316 TIPPECANOE COUNTY 

fund loans" to make investigations, collections, and recom- 
mendations under the supervision of the auditor. 11 

FUNCTIONS AND RECORDS 

The school funds held by the county in trust for the pur- 
pose of making loans thereof are kept by the auditor in three 
accounts, to wit: The "common school fund," the "Congres- 
sional Township school fund," and the "permanent endowment 
fund of the Indiana Uni vers i ty. " These trust funds are loaned 
by the county school fund board. The county is held liable 
for both principal and interest. The interest on the common 
school fund and the Congressional township school fund is 
paid into the state treasury and is distributed semiannually 
among the several counties on the basis of average daily at- 
tendance of school children therein. The interest on the 
permanent endowment fund of Indiana University is paid to 
the state treasurer, and he pays it to the trustees of Indi- 
ana University. 1 ' 

All loans made by the county school fund board (except 
those made to the county) must be secured by f i rst mortgages 
on real estate. The applicant for a loan must furnish the 
necessary title papers and an abstract of title; must make 
an affidavit that the abstract is a true one and that he 
knows of no encumbrance; and must present a certificate of 
the recorder and clerk of the circuit court that there is no 
encumbrance on the property. A title "derived from sale 
for taxes" cannot be accepted. The county attorney examines 
the title, and appraisers (annually appointed by the board of 
commissioners) ascertain the value of the property. The 
county school fund board, after considering the reports of 



1 1 Acts 1935, ch. 273 (repealed by Acts 1937, ch. 153). 

1 2 Const. 1851, art. 8, sees. 2-7. Acts 1865; Burns 28-101, 28-104, 28-105; Baldwin 6499, 
6499-1. 6511. Acts 1907; Burns 28-102; Baldwin 6500. Acts 1865, 1893, 1932 (Spec. Sess.), 1933; Burns 
28-1013; Baldwin 6490. Board of County Cornrs. v. State ex rel. Hoard, 103 Ind. 497, 3 N. E. 165 
(1885); Board of County Comrs. v. State ex vol. Baldwin, 116 Ind. 329, 19 N. E. 173 (1888); Board 
of County Comrs. v. State ex rel. Michener, 120 Ind. 442, 22 N. E. 339 (1889); Board of County 
Comrs. v. State ex rel. Michener, 122 Ind. 333, 24 N. E. 347 (1890); State ex rel. Michener v. Board 
of County Comrs., 5 Ind. App. 220, 32 N. E. 92 (1892). 

Permanent endowment fund of Indiana University. Acts 1897; Burns 28-5542 to 28-5545; 
Baldwin 6908 to 6911. Acts 1883; Burns 28-5579; Baldwin 6956. Fisher v. Brower, 159 Ind. 139, 64 
N. E. 614 (1902). 

The sources of the funds held in trust for school purposes are discussed under the section 
entitled "Education" in the essay entitled "Governmental Organization and Records System." 



COUNTY SCHOOL FUND BOARD 317 

the county attorney and appraisers, then determines whether 
the title and value of the property are sufficient security 
for the proposed loan. 

Not more than $4,000 can be loaned to any one persor. 
or company, and the amount loaned cannot exceed one -ha If 

the last assessed valuation of the property for taxes. l 
The interest rate on such loans (except those made to the 
county) is 5 percent per annum. Loans may be made to 

the county, on proper authorisation by the county council, 
for a period not exceeding 5 years, and the rate of in- 

terest thereon i§ 6 percent per annum. No loan can be 

made for a term longer than 5 years. At the end of any 
year before default, the borrower may pay an a m o u p t not 
less than 10 percent of the original principal of the loan, 
Expenses of appraisers, abstract of title, and ..recording the 

mortgage are paid by the borrower except when the, county 

? o 
pays such expenses upon order of the board of commissioners.*" 

In making such loans preference must be given to .the resi- 
dents of the county. Loans may be made to .corporations 
or individuals. 22 

The mortgage must specify whether it belongs to the 
common school fund, to the permanent endowment fund of 
Indiana University, or to the Congressional township school 
fund, and, if the latter, the particular township or., town- 
ships whose trust funds are loaned.' 01 ' The auditor must im- 
mediately deliver the mortgage to the recorder for recording, 
and must deduct from the loan the amount of the recording 
fee. Payments on these loans are made to the treasurer; 

and his receipt is filed with the auditor, who gives the 

1 3 Acts 1865, 1935; Burns, 1940 suppl, , 28-209; Baldwin, 1935 suppl., 6558, Acts 1881 (Spec. 
Sess.); Burns 28-210; Baldwin 6580. Acts 1865, 1885 (Spec. Sess.); Burns 28-211 to 23-213; Baldwin 
6562, 6559, 6560. 

1 4 Acts 1901; Burns 23-220; Baldwin 6564. 

1 5 Acts 1901, 1903, 1923; Burns 28-221; Baldwin 6565. 

1 6 Acts 1933; Burns 28=215; Baldwin 6574. 

1 7 Acts 1901; Bums 28-201, 28-202; Baldwin 6568, 6569. 

1 8 Acts 1901; Burns 28-204; Baldwin 6571. 

9 Acts 1901; Burns 28-223; Baldwin 6567. Acts 1913; Burns 28-258; Baldwin 6510. 
20 Acts 1905; Burns 28-227; Baldwin 6619, 

~ 1 Acts 1865, 1885; Burns 28-214; Baldwin 6561. 

2 2 

Opinions of the Attorney General of Indiana, 1938, p. 104. 



23 A 4 
Acts 

Acts 1865; Burns 28-233; Baldwin 6583. 



Acts 1865; Burns 28=230 to 28=232; Baldwin 6587 to 
24 



318 TIPPECANOE COUNTY 

P K 

payer a quietus therefor. ° The auditor may accept, at face 
value, bonds of the Home Owners Loan Corporation or Fed- 
eral Farm Mortgage Corporation (agenciet of the United 
States) in payment of these loans when presented by said 
corporations or their agents." Default in payment of in- 
terest when due causes the principal of the loan to become 
due aDd payable." Borrowers from the school funds may 

have their mortgages renewed at the end of 5 years by giving 
notice to the auditor. Their property must be reappraised 
before such renewal." The auditor forecloses or otherwise 
enforces the defaulted mortgages."" Whenever 1 and a cq.ui red 
by the county through default on such loans cannot be sold 
by the auditor for an amount sufficient to cover the loan, 
the interest thereon, and expenses in connection therewith, 
the county may pay the loan, accept the land, and take pos- 
sess ion thereof . 

Whenever more than $5,000 of the principal of any one 
of these funds remains unloaned in the county for 6 months, 
the county auditor must notify the auditor of state, and the 
unloaned moneys may be transferred to another county. 

The auditor and treasurer make annual reports to the 
board of commissioners showing the condition and activity 
of these school funds. The board of commissioners examines 
the reports, makes a written report of such examination, 
enters it of record, and transmits copies (signed by the 
auditor, treasurer, and county commissioners) to the state 
superintendent of public instruction and the auditor of 
state. Where the whole or part of the school funds of 

the county have been loaned, the auditor apportions to each 



2 5 Acts 1865, 1901; Burns 28-235 to .28-237; Baldwin 6592, 6593, 6610. 
26 Acts 1935; Burns, 1940 suppl., 28-268; Baldwin, 1935 suppl., 6572-1. 

2 8 Acts 1913; Burns 28-258; Baldwin 6610. 

2 9 Rev. Stat. 1843, ch. 13, sec. 96, p. 252. Acts 1855, ch. 86, sec. 86. Acts 1865, 1885 (Spec. 
Sess.), 1889, 1933; Burns 28-240 to 28-244, 28-246 to 28-249; Baldwin 6586, 6585, 6595 to 6597, 6599 to 
6601, 6594. Webb v. Moore, 24 Ind. 5 (1865); Key v. Ostrander, 29 Ind. 1 (1867); Bonnell v. Ray, 
71 Ind. 141 (1880); Willson v. Brown, 82 Ind. 471 (1882); Benefiel v. Aughe, 93 Ind. 401 (1884); 
Shannon v. Hay, 106 Ind. 589, 7 N. E. 376 (1886); Windstandley v. Crim. 117 Ind. 328, 20 N. E. 833 
(1889); Haynes v. Cox, 118 Ind. 184, 20 N. E. 758 (1889); Work v. State ex rel. Holland, 120 Ind. 
119, 22 N. E. 127 (1889); State ex rel. Longfellow v. Wimer, 166 Ind. 530, 77 N. E. 1078 (1906). 

S ° Acts 1899; Burns 28-250 to 28-256; Baldwin 6602 to 6608. 

3 l Acts 1901; Burns 28-206; Baldwin 6573. 

82 Acts 1855, ch. 86, sees. 88, 95. Acts 1865; Burns 28-259 to 28-262; Baldwin 6611 to 6614. 



TREASURER 319 

Congressional township a sufficient number of mortgages to 
cover the principal of its Congressional township sch®ol 
fund. 8 A "miscellaneous school fund account" wi th the Con- 
gressional township school fund may be kept by the auditor 
to enable him to aggregate small sums of available trust 
funds to be used for one loan. In his reports he shows fully 
the distribution of all school funds. 

The auditor makes and keeps complete records of all 
loans made by the county school fund board, showing all 
payments and proceedings thereon. 3 The record entries fer 
loans to counties are similar to thog@ made for loans to 
private individuals, 36 Once each quarter the auditor pub- 
lishes in a local newsoaper a statement of the amount of 

Q n 

school funds unloaned, 



XXV . TREASURER 

LEGAL STATUS 

The office of treasurer has exi s ted in Tippecanoe County 
ever since 1826 under the mandatory requirements of acts of 
1824, 1831, 1838, 1841, and 1843 and the Cons t i tut ion of 1851 . 
The treasurer is elected for a 2-year term by the voters of 
the county. 1 He is commissioned by the Governor of Indiana^ 
and holds office until his successor is elected and qualified. 
No person is eligible to hold the office more than 4 years 
in any 6-year period. 4 

The treasurer must be an elector of the county at the 
time of his election; must have been an inhabitant thereof 



3 3 Acts 1865; Burns 28-263; Baldwin 6615, 

3 4 Acts 1879; Burns 28-264 to 28-266; Baldwin 6616 to 6618, 

3 5 Acts 1901; Burns 28-201 to 28-206; Baldwin 6563 to 6573. Acts 1865, 1901; Burns 28-235 



to 28-237; Baldwin 6592 s 6593, 6610, 
36 

37 



3 6 Acts 1901; Burns 28-201 to 28-206; Baldwin 6568 to 6573, 



Acts 1883, ch. 58, sec. 1. Acts 1899, ch. 95, sec. 1. Acts 1907; Burns 28-207, 28=208; 
Baldwin 6556, 6557, Board of County Comrs. v. Leslie, 63 Ind. 492 (1878), 

1 Const. 1851, art. 6, sec.. 2, Gemmer v. State ex rel. Stephens, 163 Ind. 150, 71 N. E. 
478 (1904). See footnotes 22-27 herein. 

2 Const, 1851, art. 15, sec, 6. Rev. Stat, 1843, ch, 4, sec, 56. 1 Rev. Stat. 1852; Burns 
49-201; Baldwin 13095. 

3 Cons!. 1851, art. 15, sec. 3. 

4 
Ibid., art. 2, sec. 11; art. 6, sec. 2. 



320 TIPPECANOE COUNTY 

throughout the preceding year; 5 must reside within the county 
after his election; must not hold any other lucrative office; 6 
and must not practice law. 7 

He must post an official bond covering his duties as 
county treasurer, to be approved by the board of commissioners 
and filed with the clerk of the circuit court. The bondmust 
be in an amount not less than the amount of money which may 
come into his hands as county treasurer at any time during 
his term, as determined by the board. 5 The county treasurer 
must also post bond covering his duties as treasurer of the 
city of Lafayette, to be approved by the mayor and .filed 
with the city controller (the city clerk when the office of 
city controller does not exist as a separate office), The 
amount of the latter bond must be not less than one-half of 
the estimated amount of all funds which may come into his 
hands as city treasurer, as determined by the common council 
of the city."' The treasurer must take an oath that he will 
support the State and Federal Constitutions and' will faith- 
fully discharge the duties of his office. 10 

The treasurer receives a regular salary of $2,920 per 
year for his services as county treasurer. He also receives 
a regular salary between $480 and $600 (fixed by the Lafa- 
yette common council) per year for his services as treasurer 
of the city of Lafayette. In addition to these salaries, 
he receives, as compensation for himself, 6 percent of all 
delinquent taxes on realty and personalty collected by him 
for the city of Lafayette, plus 6 percent of all other de- 
linquent personal property taxes collected by him, plus a 



5 Ibid., art. 6, sec. 4. Rev. Stat. 1843, ch. 4, sees. 73, 74, 

6 Const. 1851, art. 2, sec. 9; art. 6, sec. 6. Rev. Stat. 1843, ch. 4, sees. 61, 75. 

7 Acts 1865, ch. 42 (misnumbered 62), sec. 2. Acts 1881 (Spec. Sees.), ch. 37, sec. 115. 
Acts 1905; Burns 10-3102; Baldwin 2636. McCracken v. State, 27 Ind. 491 (1867). 

8 Acts 1816-17, ch. 17, sec. 2. Acts 1317-18 (general), ch. 44, sec, 2. Rev. L. 1824, ch. 
23, sec. 1; ch. 86, sees. 18, 27. Rev. L. 1831, ch. 21, sec. 1; ch. 81, sees, 17, 19. Rev. Stat. 1843, ch. 
4, sees. 88, 92-100; ch. 27, sees. 71-73. Acts 1905; Burns 10-3708; Baldwin 2660. 1 Rev. Stat. 1852; 
Burns 49-104, 49-105, 49-120; Baldwin 13057, 13063, 13068. Acts 1851-52; Burns 49-123; Baldwin 13093. 
1 Rev. Stat. 1852, Acts 1865, 1919; Burns 49-3101; Baldwin 5548. Pepper v. State ex rel. Harvey, 22 
Ind. 399 (1864). 

9 Acts 1905; Burns 48-1244; Baldwin 11423. Acts 1935; Burns, 1930 suppl., 48-1216; Baldwin, 
1935 suppl., 11398. 

1 ° Const. 1851, art. 15, sec. 4. Rev. L. 1824, ch. 86, sec. 18. Rev. L. 1831, ch. 81, sec. 17. 
Rev. Stat. 1813, ch. 4, sees. 77, 78, 81, 83, 84, 92; ch. 7, sees. 72, 73. Acts 1905; Burns 10-3708; Bald- 
win 2660. 1 Rev. Stat. 1852; Burns 49-101; Baldwin 13054. 



TREASURER 321 

"demand fee" of 50 cents on each collection of delinquent 
taxes resulting from personal demand. From 1919 until 1933 
he also received $5 per day for each day actually served as 
a member of the board of review of Tippecanoe County. 

For sufficient legal grounds the treasurer may he re- 
moved from office by the circuit court after trial by jury 
on an accusation presented by the grand jury or verified by 
the oath of any person; and such removal is subject to review 
by the supreme court.'"' If the treasurer is convicted of a 
felony, the judgment of conviction must declare his office 
vacant. " If the treasurer becomes officially delinquent 
and a suit is commenced on his official bond, he may be re- 
moved from office by the board of commissioners, but such 
removal is subject to review by the circuit court. 5 

Any vacancy in the office of treasurer is filled through 
appointment by the board of commissioners. The appointee 
must take oath and post bond, as was required of his prede- 
cessor, and holds office for the unexpired term and until his 
successor is elected and qualified. 6 



1 l Acts 1816-17, ch. 17, sec. 12, Acts 1817-18 (general), ch. 44, sec. 12. Rev. L. 1824, 
ch. 23, sec. 7; ch. 86, sec. 34. Rev. L. 1831, ch. 21, sec. 5; ch. 81, sec. 40. Rev. Stat. 1838, ch. 
22, sec. 5. Rev. Stat. 1843, ch. 7, sec. 90; ch. 12, sees. 59, 71. Acts 1871, ch. 17, sees. 29, 30, Acts 
1905, 1909; Burns 48-6720; Baldwin 11524. Acts 1933; Burns 48-1227, 48-1233, 48-1238, 49-1001, 49-1004, 
49-1016; Baldwin 11408, 11414, 11417, 7531, 7534, 7546. Acts 1933, 1937; Burns, 1940 suppl., 49-1006; 
Baldwin, 1937 suppl.. 7536. Acts 1919, 1920 (Spec, Sess.); Bums 644201, 64-1204; Baldwin 15700, 
15703. Town of Paoli v. Charles, 164 Ind. 690, 74 N. E. 503 (1905). Opinion* of the Attorney General 
of Indiana, 1934, p. 313; 193G, p, 130. 

1 2 Consl. 1851, art. 2, sees. 6, 7; art. 6, sec. 8. Acts 1816-17, ch. 17, sec. 3, Acts 1817-18 
(general), ch. 44, sec. 3. Rev. L. 1824, ch. 23, sec. 2. ' Rev. L. 1831, ch, 21, sec, 6. Acts 1897. 
1899; Burns 49-821 to 49-834, 49-836; Baldwin 13154 to 13166. 13050, 13168. Acts 1875; Burns 49-837; 
Baldwin 13052. 

1 S Acts 1897, 1899; Burns 49-834; Baldwin 13050. 

1 4 Rev. L. 1824, ch. 22, sec, 8; ch. 23, sec. 2. Rev. L. 1831, ch, 21, sec. 6. Rev. Stat. 
1838, ch. 22, sec. 6. Rev. Stat. 1843, ch. 7, sec. 87. 1 Rev. Stat. 1852; Burns 49-3115; Baldwin 5562. 
" 5 1 Rev. Stat. 1852; Burns 26-901; Baldwin 5277. 

1 6 Conft. 1851, art. 6, sec. 9. Acts 1816-17, ch. 17, sec. 3. Acts 1817-18 (general), ch. 44, 
sec. 3. Rev. L. 1824, ch. 23, sec. 2. Rev. L. 1831, ch. 21, sec. 6. Rev. Stat. 1843. ch. 4, sees. 
136, 139, 160, 162, 163, 168, 169; ch. 7, sees. 74, 87. Rev. Stat, 1843, ch, 7, sec, 74. Acts 1881 
(Spec. Sess.); Burns 29-701; Baldwin 7081. .1 Rev. Stat. 1852; Burns 49-405, 49-408, 49-409; Baldwin 
13104, 13106, 13107. Douglass v. State ex rel. Wright, 31 Ind. 429 (1869); Beale v. State ex rel. 
Gray, 49 Ind. 41 (1874); Weaver v. State ex rel. Sims, 152 Ind. 479, 53 N. E. 450 (1899). Informa- 
tion obtained from Omer Stokes Jackson, Attorney General of Indiana, on August 29, 1939, by W. 
Davis Hamilton. 



322 TIPPECANOE COUNTY 

The treasurer may appoint deputies and ass i stants under 
authority from the board of commissioners. One deputy may 
be appointed without such authorization. The county council 
fixes the salaries of the deputies and assistants in an amount 

1 7 

not less than $75 nor more than $200 per month. The treas- 

urer may, at his own expense, employ other persons to col- 
lect delinquent personal property taxes by personal demand. 
The treasurer may require any deputy to give bond. ' Each 
deputy must take the oath required o^ the treasurer, may 
perform all the official duties of the treasurer, and is sub- 
ject to the same regulations and penalties. 2 The treasurer 
may remove such deputies and assistants at any time, and is 
responsible for their official acts." 

From the organization of Tippecanoe County in 1826 ' 
until 1841 a county treasurer was annually appointed by the 
board doing county business. " He received and disbursed 
county funds; received taxes collected by the tax col 1 ec tor ; 
collected the fees charged for the licensing of taverns, 
shows, and vending of foreign merchandise; kept a separate 
account of receipts from fines, to be used to support county 

2 4 

seminaries; and made annual settlements with the board. 
From 1826 to 1841 a county tax collector was appointed 



1 7 Rev, L. 1831, ch. 81, sees. 17, 37. Rev. Stat. 1843, ch. 12, sec. 153. I Rev, Stat. 1852, 
Acts 1855, 1925; Burns 49-501; Baldwin 13108, Acts 1933, 1935, 1937; Burns, 1940 suppl, , 49-1002; 
Baldwin, 1937 suppl., 7532. Opinions of the Attorney General of Indiana. 1934, p. 256; 1937, p. 324. 

1 S Acts 1933, 1937; Burns, 1940 suppl., 49-1006; Baldwin, 1937 suppl., 7536. 

1 9 1 Rev. Stat. 1852, Acts 1855, 1925; Burns 49-501; Baldwin 13108. 

2 ° Rev. Stat. 1843, ch. 4, sec, 85. 1 Rev, Stat. 1852; Bums 49-502; Baldwin 13109. Lucas 
v. Shepherd, 16 Ind. 368 (1861). 

2 1 Rev. Stat. 1843, ch. 7, sec. 88; ch. 12, sees. 82, 153. 1 Rev. Stat. 1852; Burns 49-503; 

Baldwin 13110. Acts 1933, 1935, 1937; Bums, 1940 suppl., 49-1002; Baldwin, 1937 suppl., 7532. 

2 2 
^ Acts 1825-26, ch. 10, sec. 1 (Tippecanoe organization act). 

28 Acts 1816-17, ch. 17, sees. 1, 2. Acts 1817-18 (general), ch. 44, sees. 1, 2. Rev, L. 
1824, ch. 15, sec. 7; ch. 23, sec. 1. Rev. L. 1831, ch. 21, sec. 1. Rev. Stat. 1838. ch. 22, sec. 1. 

24 Acts 1816-17, ch. 8, sec, 22; ch, 10, sec. 13; ch. 17, sees. 1-11; ch. 19, sees. 7, 13, 15; 
ch. 23, sec. 5; ch. 27, sec. 1; ch. 69, sec. 23, Acts 1817-18 (special), ch. 2, sec. 1; ch. 4, sec. 1, 
ch. 36, sec. 2. Acts 1817-18 (general), ch. 4, sec. 3; ch. 13, sec. 30; ch. 14, sees. 4, 25; ch. 32, sec. 
9; ch. 42, sees. 3, 12, 14, 18, 22, 23, 25; ch. 43, sec. 21; ch. 44, sees. 1-11; ch. 47, sec. 2; ch. 62, sees. 
2, 3; ch. 72, sec. 2; ch. 77, sec. 5; ch. 79. sec. 1. Rev. L. 1824, ch. 23, sees. 1-10; ch. 86, sees. 24, 
25, 32, 36, 37. Acts 1826-27, ch. 72, sec. 6. Acts 1827-28, ch. 63, sec. 3. Rev. L. 1831, ch. 20, sees. 
15, 17; ch. 21. sees. 1-10; ch. 81, sees. 14, 29, 31, 38, 39, 45, 46, 50. Rev. Stat. 1838, ch. 21, sees. 
15, 17; ch. 22; ch. 41, sec. 8; ch. 105, sees. 1-6. 



TREASURER 323 

annually by the board. ' The tax collector collected taxes 
(other than the license fees aforesaid); conducted tax sales; 
issued tax sale certificates and tax deeds; paid all collected 
funds over to the county treasurer and state treasurer; filed 
with the clerk of the circuit court a report concerning the 
sale of lands for delinquent taxes; and made and delivered 
to the clerk an alphabetical list of all white male persons 
of the age of 21 years residing in the county. 6 In 1 841 
the office of county tax c o Hector was a b o 1 i s h e d and the 
duties of that office were transferred to the county treas- 
urer. From 1341 until the adoption of the Constitution of 
1851, the treasurer was elected for a 3-year term by the 

P 7 

voters of the county. 

FUNCTIONS AND RECORDS 

The treasurer receives all moneys coming to the county, 
issues official receipts therefor, and disburses the same on 
warrants issued by the auditor. He countersigns each warrant 
and stamps thereon the name of the depos i tory by whi ch it is 
payable. He may pay & warrant to the holder thereof out of 
funds in his office after requiring the payee and holder to 
endorse the same, in which case he must deposit the warrant 
in the depository in lieu of the cash paid out to the holder; 
or he may require the holder to present the w a rrant to the 
depository for payment," He must deduct any delinquent 

taxes owing by the payee." If no funds are available to 

pay a warrant when presented for payment, the treasurer 
endorses thereon the words "not paid for want of funds" and 



2 5 Rev. L. 1824, ch. 86, sees. 18, 42. Rev. L. 1831, ch. 31, sees. 17, 18. 

26 Rev. L. 1824, ch, 23, sees, 6, 8, 11, 13; ch. 86, sees, 11-16, 19-28, 32, 34-37, 39-41, 45. 
Acts 1825, ch. 9, sec.l. Acts 1829-30, ch. 9, sec. 5. Rev. L. 1831, ch. 20, sees. 15, 18, 19; ch. 21, 
sees. 2-4. 10; ch. 81, sees. 14, 17-46, 51. Rev. Stat. 1838, ch. 21, sees. 18, 19. 

2 7 Consl. 1851, art. 6, sec. 2, Acts 1840-41 (general), ch. 4, sees. 1, 13-22. Rev. Stat. 
1843, ch. 4, sees. 2, 18; ch. 7, sees. 70, 75-91; ch. 12, sees. 53-180. Ham v. State ex rel, Williams, 
7 Blackford 344 (1344). 

2 8 Rev. L. 1824, ch. 23, sec. 2. Rev. L. 1831, ch. 21, sec. 2. Rev. Stat. 1833, ch. 22, sees. 
1, 2. Rev. Stat. 1843, ch. 7, sees. 76-84, 91. Acts 1899, 1935; Burns, 1940 suppl., 26-522; Baldwin, 
1935 suppl., 5386. 2 Rev. Stat. 1852, Acts 1891; Burns 49-2710; Baldwin 1437. 1 Rev. Stat. 1852; 
Burns 49-3103, 49-3104, 49-3111; Baldwin 5550, 5551, 5558. Acts 1937; Burns, 1940 suppl., 61-627; Bald- 
win, 1937 suppl., 18844-48. State ex rel. Zable v. Benson, 70 Ind. 481 (1880). 

E^trays and driftage. Rev. Stat. 1838, ch. 37, sees. 1-19. 

2 9 Acts 1919; Burns 64-1506; Baldwin 15768. 



324 TIPPECANOE COUNTY 

the date of such presentment. When funds become available 
be publishes a call for redemption of such warrants. 30 

The treasurer collects property taxes and poll taxes 
for the state and county and also for townships, cities, 
and towns in the county, as shown on the tax duplicate de- 
livered to him by the auditor: 3 reports omitted polls and 
property to the auditor for assessment; keeps an "insolvent 
record" of dropped taxes (prepared by the auditor);' keeps 
auditor's certificates correcting the tax duplicate;' sells 
real estate and personal property at public auction for de- 
linquent taxes; collects corporate taxes,' inheritance 
taxes, and the excise tax on shares of stock and deposits 
of banks, trust companies, and loan associations;' J sells in- 
tangible tax stamps for the state board of tax commissioners;" 
and collects school fund loans ' and special assessments for 
public improvements; and collects certain military fines 
and pays the same to the adjutant general of the state. 4 
Records of these funds and transactions are kept by him. 

All public funds paid into the county treasury must be 
deposited by the treasure? daily in one or more depositories 
designated by the county board of finance. The treasurer 
makes monthly reports to the board of finance showing the 



Acts 1822-23, ch. 36, sees. 3, 5. Acts 1889; Burns 49-3007, 49-3008; Baldwin 5420, 5421. 



1 Rev. Stat. 1852; Bums 49-3111; Baldwin 5558 
1 Rev. Stat. 1843, ch. 7, sec. 86; ch 
Acts 1905; Burns 48-6701, 48-6702, 48-6705; Baldwin 11511 to 11513. Acts 1919; Burns 64-1408, 64-1502 

15", 15748. Standard Oil Co. v. Bretz, 

Acts 1919; Burns 64 2102; Baldwin 35803 



3 1 Rev. Stat. 1843, ch. 7, sec. 86; ch. 12. sees. 53-55, 62, 67, 174. Acts 1897, ch. 54, sec. 1. 



Baldwin 15745, 15748. Standard Oil Co. v. Bretz, 98 Ind. 231 (1884). 
32 



3 3 Acts 1919; Burns 64-28001 Baldwin 15684. 
3 4 Acts 1919, 1925; Burns 64-1407; Baldwin 15744, 
5 Rev. Stat. 1843, ch. 7, sec. 89; ch. 12, sees. 56-67, 83-126. Acts 1932 (Spec. Sess.); Burns 
64-1509, 64-1511; Baldwin 15752, 15754. Acts 1919, 1931; Burns 64-1701 to 64-1705, 64-2201, 64-2203 to 
64-2211; Baldwin 15778 to 15782, 15806, 15808 to 15818. Acts 1919, 1931, 1937; Burns, 1940 suppl., 64- 
2202; Baldwin, 1937 suppl., 15807. Pay v. Shanks, 55 Ind. 554 (1877). 
3 6 Acts 1919; Burns 64-1801; Baldwin 15783. 
3 ? Acts 1931; Burns 6-2413; Baldwin 15951. 

8 Acts 1933; Burns 64-804, 64-807, 64-810, 64-827; Baldwin 15585, 15588, 15591, 15608. 

3 9 Acts 1833; Burns 64-927; Baldwin 15925. 

4 ° Acts 1865; Burns 28235; Baldwin 6592. 

4 1 

Drainage. Acts 1933; Burns 27-134; Baldwin 5770. 

Levees. Acts 1907, 1927, 1933; Burns 27-805; Baldwin 10214. 

Roads. Acts 1905; Burns 36-1308; Baldwin 8794. Acts 1921; Burns 36-1439, 36-1440; Baldwin 



8942, 8943. 
42 



Acts 1923; Burns 45-510; Baldwin 10894. 



TREASURER 325 

balance of funds in the county treasury at the end of the pre- 
vious month— cons i s ten t with the depository statements fur- 
uished to the board and treasurer; " makes annual reports to 
the board of commissioners concerning school funds; makes 
quarterly reports to the board of commissioners and auditor 
showing the amount of money in the county treasury; makes 
monthly reports to the auditor showing the tots.! amount of 
cash payments received by him during the month and the re- 
spective accounts on which they were applied; makes annual 

4-7 

settlements with the board of commissioners in January;' 
makes semiannual settle meats for taxes with the county au- 
ditor in May and November, ^ 3 and in accordance therewith 
pays to the state treasurer in June and December ail money 
due for state purposes; and also makes payments to the 

state treasurer at other times in accordance with official 
requests therefor. 5 lie makes quarterly reports to the audi- 
tor showing specifically the amount of fees collected; and 
deposits quarterly with the auditor all redeemed warrants,' 

The treasurer must keep his office, books, and papers 
in a fireproof building (if available) and his office must 

5 S 

be open for transaction of business daring business hours. 
He must keep a cash book wherein are entered daily, by item, 
all receipts of publ i c funds . The book must be balanced da i ly , 
show funds on hand at the close of each day, and be open to 
public inspection. 5 He keeps records of all receipts and 



4 S Acts 1907; Burns 61-610; Baldwin 13814. Acts 1937; Bums, 1940 suppl., 61-624; Baldwin, 
1937 suppl., 13844-45, 

4 4 Acts 1865; Burns 28-259; Baldwin 6611. 

4 5 Acts 1871, ch. 17, sees. 23, 31, 38. Acts 1891, ch. 194, sec. 125. Acts 1895, 1903, 1913, 

Burns 49-1402; Baldwin 7577. Acts 1895, 1913; Burns 49-1403; Baldwin 7578. Wolfe v. State ex rel. 

Kennard, 90 Ind. 16 (1883). 

46 Acts 1871, ch. 17, sec. 31. Acts 1919; Burns 64-2101; Baldwin 15802. 
4 7 



Rev. L. 1824, ch, 23, sec. 2. Rev. Stat. 1843, ch. 7, sec. 90. Acts 1899; Burns 26-531; 

5. 1 Rev. Stat. 1852; Burns 49-3116; Baldwin 5663. 

Rev. Stat. 1843, ch. 12, sees. 68, 154. Acts 1919; Burns 64-2501; Baldwin 15850. 



4 9 Rev. Stat. 1843, ch. 12, sees. 68, 69. Acts 1919; Burns 64-2503, 64-2504; Baldwin 15852, 
15853. 

5 ° Acts 1859, 1861; Burns 49-1813; Baldwin 15059. Acts 1937; Burns, 1940 suppl., 61-626; 
Baldwin, 1937 suppl., 13844-47. 

5 X Acts 1895, 1903, 1913; Burns 49-1402; Baldwin 7577. 

° 2 Rev. Stat. 1843, ch. 7, sec. 85. 1 Rev. Stat. 1852; Bums 49-3114; Baldwin 5561. 
5 3 Rev. Stat. 1843, ch. 7, sec. 75. 1 Rev. Stat. 1852; Burns 49-3106; Baldwin 553. Acts 
1853; Burns 49-3107, 49-3105; Baldwin 5556, 5557. 

5 Acts 1937; Burns, 1940 suppl., 61-623; Baldwin, 1937 suppl., 13844-44. 



326 TIPPECANOE COUNTY 

disbursements in a general account, and also in separate ac- 
counts for the separate appropriations and di s tine t funds . 5 5 

Forms for the following record books h»ve been pre- 
scribed for cm^nty treasurers by tbe state board of accounts: 
Daily balance of cash and depositories; record of warrants 
by depositories; ledger of receipts and disbursements; regis- 
ter of taxes collected; record of bids for bonds; and daily 
inventory of intangible tax stamps. This board has prescribed 
blank forms of monthly reports and various receipts. 56 

The county treasurer is a member of the county board 
of review, which meets annually for tbe purpose of reviewing 
property tax valuations, assessing omitted property, and al- 
lowing tax exemptions. 57 

The Tippecanoe County treasurer serves as ex officio 
treasurer of the city of Lafayette, and performs duties for 
the city similar to those he performs for the county. As 
city treasurer he receives all funds paid into the city 
treasury and disburses the same on warrants drawn by the 
city controller 59 (the city clerk when tbe office of city 
controller does not exist). 60 He deposits all city funds in 
a depository selected by the city board of finance. All 
canceled warrants are returned to him by the depository, 
and he delivers them to the city controller for permanent 
filing. 6 ' As county treasurer he collects city taxes and 
pays the same into the city treasury on receipts issued by 



5 5 Acts 1841-42 (general), ch. 4, sec, 5. Rev. Stat. 1843, ch. 7, sec. 75. 1 Rev. Stat. 
1852; Burns 49-3109; Baldwin 5554. 

5 6 Acts 1909; Bums 60-202; Baldwin 13855. Information obtained from E. P. Brennan, 

state examiner, on May 18, 1939, by W. Davis Hamilton. 

5 7 

See the essay entitled" County Beard of Review." 

5 8 Acts 1905; Burns 48-6701, 48-6705; Baldwin 11511, 11513. Acts 1935; Burns, 1940 suppl., 

48-1216; Baldwin, 1935 suppl., 11398. 

5 9 Acts 1905, 1909; Burns 48-1602(3), 48-6724 to 48-6726; Baldwin 11467-3, 11527 to 11529. 
Acts 1937; Burn=, 1940 suppl., 61-627; Baldwin, 1937 suppl., 13844-6. 

Record of receipts issued (except taxes). Acts 1905; Burns 48-6725, 48-6727; Baldwin 11528, 
11530. 

Deduction of delinquent taxes owed by payee. Acts 1905; Burns 48-6726; Baldwin 11529. 

Procedure when no funds are available to pay warrant. Acts 1905; Burns 48-6726; Baldwin 
11529. 

6 ° Acts 1905, 1909, 1920, 1921; Burns 48-1503, 48-1601; Baldwin 11460, 11466. Acts 1933, 1935; 
Burns, 1940 suppl., 48-1216; Baldwin, 1935 suppl., 11398. 

6 1 Acts 1907; Bums 61-610; Baldwin 13814. Acts 1937; Burns, 1940 suppl., 61-624; Baldwin, 
1937 suppl.. 13844-45. 

62 Acts 1905; Burns 48-6723 to 48-6727; Baldwin 11526 to 115S0. 



(286-287) TREASURER 327 

the city controller. As city treasurer be co 1 lee ts Barrett 
law assessments, 64 and license fees; 5 ' caneels all bonds or 
other evidence of indebtedness redeemed or liquidated by 
him; D makes monthly and annual settlements with the city 
controller; and makes reports to the city controller, show- 
ing receipts, disbursements, and balance for each fund in 
the treasury. At least 15 days before the general city 
election, and at any other time when so required by the 
common council, he must render to the common council of 
the city a full account of the receipts and expenditures for 
the current year and make a report of the general condition 
of the treasury. 8 

RECEIPTS AND DISBURSEMENTS 
(See also entries 321-356) 

GENERAL FUND 

286. Daily Balance Book, June 13, 191 4-. 10 vols. 
Daily record of cash on hand, showing itemized list of 
currency, coins, checks, and drafts; and date and amount of 
balance. Arr. chron. by dates of balances . No index. Hdw. 
226 pp. 14 x 8 x l / 2 . 5 vols., June 13, 1914-Oct. 3, 1929, 
treas. vt.; 5 vols., Oct. 5, 1929— , treas. off. 

287. DAILY BALANCE OF CASH AND DEPOSITORIES, 1914-36, 
Dec. 28, 1937-. 19 vols. Title varies: Daily- 
Balance Book, 1914-29, 10 vols. 

Record of daily cash and depository balances, showing date 
of balance, amounts of opening and closing balance, nature 
and ameunts of receipts and disbursements, amounts of de- 
posits and withdrawals, and name of depository. Arr. chron. 
by dates of balances. No index. Hdw. 636 pp. 18 x 12 x 
3. 16 vols., 1914-36, treas. vt.; 3 vols., Dee. 28, 1937-, 
treas . of f . 



City warrants received as payment of taxes. Acts 1905; Burns 48-6725, 48-6726; Baldwin 

11528, 11529. 

64 

suppl., 48-4406; Baldwin, 1935 suppl., 12536. 

City warrants received as payment of assessments. Acts 1905; Burns 48-6725; Baldwin 11528. 

6 5 Acts 1905, 1909; Burns 48-1602(8); Baldwin 11467(8). 

5 6 Acts 1905; Burns 48-6724 to 48-6727; Baldwin 11527 to 11530. 

5 7 Acts 1905; Burns 48-6723 to 48-6727; Baldwin 11526 to 11530. 

5 8 Acts 1905; Burns 48-6727; Baldwin 11530. 



328 TIPPECANOE COUNTY (288-292) 

288. BANK BALANCES, 1908-26, I938-. 3 vols. 

Kecord of balances of county funds in public depositories, 
showing name of depository; and dates and amounts of depos- 
its, withdrawals, and balances. Arr. alph. by names of 
depositories, thereunder chron. by dates of deposits. No 
index. Hdw. 320 pp. 18 x 12 x 2. 2 vols., 1908-26, treas. 
vt. ; 1 vol . , 1938—, treas. off. 

289. Monthly Balance Book, 19 12-. 3 vols. 

Record of monthly balances of county funds, showing date 
of balance; amounts of receipts, disbursements, and previous 
and closing balances; and total. Arr. chron. by dates of 
balances. No index. Hdw. 320 pp. 18 x 16 x 2%. 2 vols., 
1912-33, treas. vt.; 1 vol,, 1 934—, treas. off. 

290. BANK STATEMENTS, 1928~. 2 f. b., 2 f. d. 
Monthly statements by county depositories, showing dates of 
statement, deposits, and withdrawals; name and address of 
depository; and amounts of deposits, interest, withdrawals, 
and opening and closing balances. Arr. chron. by dates of 
statements. No index. Typed. F. b., 5 x 8 x 12; f. d., 
6 x 20 x 24. 1 f. b., 2 f. d . , 1928-36, treas. vt.; 1 f. b., 
1937-, treas. off. 

291. LEDGER OF RECEIPTS AND DISBURSEMENTS, 1865-73, 189 8- 

1910, Oct. 1924-. 6 vols. Title varies: County 
& State Revenue Ledger, 1865-73, 1 vol.; Ledger 
Congressional, Township, Common School and Mis- 
cellaneous Funds, 1898-1910, 3 vols. 
Reeord of receipts and di sbursements of county funds, showing 
date, nature, and amount of receipt and disbursement; receipt 
and warrant numbers; names of payer, payee, and fund; monthly 
totals of receipts and disbursements; and balance. This is a 
combination of two records intercur rently kept separately: 
Record of Receipts, entry 292; and Treasurer's Register of 
Disbursements, entry 283. Arr. chron. by dates of receipts 
and disbursements. No index. Hdw. 500 pp. 16 x 12 x S\4. 
4 vols., 1865-73, 1898-1910, treas. vt.; 2 vols., Oct. 1924-, 
treas . of f . 

292. RECORD OF RECEIPTS, 1912-Sept. 1924. 2 vols. 1865- 
73, 1898=1910, Oct. 1924- in Ledger of Receipts 
and Disbursements, entry 292. 

Record of receipts of county revenue, showing date, number, 
nature, and amount of receipt; names of payer and fund; and 
total receipts. Arr. chron. by dates of receipts. No index. 
Hdw. 400 pp. 18 x 22 x 2. Treas, vt. 



(293-297) TREASURER 329 

29 3. Treasurer's Register' of disbursements, 1911 -Sept. 
1924. 7 vols. (5 vols, unlabeled; 3, 4). Title 
varies: Appropriation Ledger, 191 X~ 13, 3 vols.; 
Treasurer's Disbursement Record, 1914-20, 2 vols. 
1865-73, 1898-1910, Oct, 1924- in Ledger of Re- 
ceipts and Disbursements, entry 291. 
Record of disbursements of county funds, showing date, num- 
ber, nature, and amount of warrant; names of payee and fund; 
and total disbursements. Arr. by names of funds, thereunder 
chron, by dates of warrants. No index. Hdw. -100 pp, 17 x 
28 x 2%. Treas. vt. 

294. TREASURER'S RECEIPTS, 191 1™. 13 vols, Title varies: 
Cash Book Miscellaneous, 1911-May 1924, 3 vols. 
June 1864-74, 1877=1910 in Cash Book, entry 295. 

Record of receipts other than taxes, showing date, number, 
amount, and purpose of receipt; names of payer and fund; and 
totsl receipts. Arr. chron. by dates of receipts. No index. 
Hdw. 300 pp. 18 x 12 x 2. 4 vols., 1911-May 1924, 1938-, 
treas. off.; 9 vols., June 1924-37, treas. vt. 

295. CASH BOOK, June 1864-74, 1877-1910. 50 vols. (5, 
7 ; 2 vols, unlabeled; 4, 4, A-G, 7, H, 8, I, 9-41). 

Record of receipts of all county revenue, showing date, num- 
ber, nature, and amount of receipt; and names of payer and 
fund. This is a combination of two records later kept sep- 
arately: Treasurer's Receipts, entry 294; and Cash Book 
[Taxes], entry 317. Arr. chron. by dates of receipts. No 
index. Hdw. 50 pp. 17 x 15 x 3. Treas. vt. 

29 6. REGISTER OF C OUNTY ORDERS , 1 8 4 1 - M a y 16, 1845, Sept. 
1847-May 1349, Dec, 1851-June 1885, June 1, 1890- 
May 31, 1898, June 1, 1901-May81 f 1903. 18 vols." 
(3 vols, unlabeled; 3, 4; 8 vols, unlabeled; 3; 1 
vol. unlabeled; 4-7, 9). 
Record of county orders redeemed, showing date, number, 
nature, and amount of order; and names of payee and fund. 
Arr. chron. by dates of orders. No index. Hdw. 300 pp. 
16 x 12 x 3. Treas. vt. 

29 7. REGISTER OF WARRANTS, 19 12 -Mar. 3, 1913, 19 20 = 29, 
Dec. 6,1930-, 15vols. Ti tie- varies: Treasurer's 
Cash Book Disbursements, 1912-Mar. 3, 1913, 1920- 
Juue 25, 1924, 3 vols. 
Register of warrants by depositories, showing date, amount, 
and number of warrant; date redeemed; names of fund and 
depositories; end total. Arr, num. by warrant- nos. No in- 
dex. Hdw. 200 pp. 18 x 12 x 2^. 12 vols., 1912-Mar. 3, 
1913, 1920-29, Dec. 6, 1930-37, treas. vt.; 3 vols., 1938-, 
treas , of f . 



330 TIPPECANOE COUNTY (298-303) 

298. [APPLICATIONS-TO-PAY], 1931-. 1 carton, 1 file cab- 
inet. 

Applications to pay funds into treasury, showing date and 
number of application, names of payer and fund, and amount 
and purpose of payment. Arr. chron. by date s o f appl i ca t i on- 
to-pay. No index. Hdw. Carton, 14 x 8 x 24; file cabinet, 
36 x 24 x 24. 1 carton, 1931-37, attic stor. rm.; 1 file 
cabinet, 1938—, treas. off. 

299. Journal of COUNTY Orders, 1841-June 1852, 1871-Mar. 
1, 1886. 2 vols. (1 vol. unlabeled; 2). Title 
varies: Journal, 1841-June 1852, 1 vol. 

Record of orders redeemed on county officers' fund, showing 
date, n u m ber, and amount of order; date redeemed; and names 
of payee and fund. Arr. chron. by dateg redeemed. No index. 
Hdw. 530 pp. 18 x 12 x 2y 2 . Treas. vt. 

300. Register of Free Gravel Road Orders, 1891-1903. 2 
vols . 

Record of disbursements of free gravel road funds, showing 
date, number, nature, and amount of order; date redeemed; 
and name of payee. Arr. chron. by dates of orders. No 
index. Hdw. 500 pp. 16 x 12 x 3. Treas. vt. 

3 01. [Warrants Outstanding] , 1919-29. 1 vol. 
Record of outstanding warrants, showing date, amount, and 
number of warrant; date of recording; and names of payee, 
fund, and depository. Arr. chron. by dates of recording. 
No index. Hdw. 490 pp. 16 x 10 x 2. Treas. vt. 

3 2. Treasurer ' s Monthly Statement , 1913-25. 3 vols. 
County treasurer's monthly statements to auditor of state 
of funds remitted to state treasurer, showing date of state- 
ment, amount and number of warrant, names of funds, and 
amount of each fund. Arr. chron. by dates of statements. 
No index. Hdw. 50 pp. 10 x 18 x %. Treas. vt. 

Taxation 
(See also entries 357-370) 

REAL, PERSONAL AND POLL 

303. TAX DUPLICATE [and Delinquent List], 1877—. 880 
vols, (labeled by names of taxing units). 
Record of taxes payable and amounts returned delinquent, 
showing installment dates; duplicate number; names of tax- 
payer and taxing unit; location, description, and assessed 
valuation of lands, lots, and improvements ; va lue o f pe rsonal 
property; number of polls; amounts of special assessments 



(304-307) TREASURER 331 

and exemptions; and date and amount of payment. This is a 
combination of two records formerly kept separately: Tax 
Duplicate, entry 304; and Delinquents, entry 305. Also 
contains: Tax Duplicate, Omitted Taxes, 1 9 10 — , entry 306; 
and Ditch Duplicate, 1885-95, entry 315. Arr. alph. by names 
of property owners. No index. Hdvv. 130 pp. 18 xl9x l l A . 
850 vols., 1877-1937, treas. vt.; 9 vols., 1938, assr. off.; 

21 vols. , 1939 — , treas. off . 

304, TAX DUPLICATE, 1843-76. 522 vols. ( labe led by names 
of taxing units). 1877- in Tax Dupl i cate [and De- 
linquent List], entry 30 3, 

Record of taxes payable, showing installment date; names of 
property owner and taxing unit; duplicate number; location, 
description, and assessed valuation of lands, lots, and im= 
prove ments; value of personal property; number of polls; 
special assessments; amount of exemptions; and date and 
amount of payment. Arr, alph. by names of property owners. 
No index. Hdw. 100 pp. 18 x 15 x y 2 , Treas, vt. 

305. Delinquents, 1846-76. 600 vols. 1877- in Tax Du- 
plicate [and Delinquent List], entry 303. 

Record of delinquent taxes, showing da tes o f de 1 inquency and 
payment; names of property owner and taxing unit; location, 
description, and valuation of property; duplicate number; 
and amounts of delinquency, interest, and penalties. Arr. 
alph, by names of property owners, No index. Hdw. 75 pp, 
17 x 13 x ^. Treas. vt. 

3 6. TAX DUPLICATE , OMITTED Tax , 1881 = 1909, 3 v o 1 s . ( 1 , 

2, 5). 1910- in Tax Duplicate [and Delinquent 

List], entry 303. 
Record of additions to.taxduplicates of omitted taxes, show- 
ing date of addition, name and address of property owner, 
name of taxing unit, and description and assessed valuation 
of property. Arr. by names of taxing units, thereunder alph, 
by names of property owners. No index. Hdw. 358 pp. 18 x 

22 x 2. Treas. vt. 

307. I NSOLVENT TAX RECORD , 1 9 2 2- . 3 vols. 
Record of delinquent personal and poll taxes removed from 
tax duplicates as uncollectible, showing date of del inquency ; 
names of property owner and taxing unit; descript i on of prop- 
erty; amounts of delinquent tax, penal ty, and interest ; .entry 
and tax dupl i cate numbers ; and reason for removal. Arr. num. 
by entry dos. No index. Hdw. 500 pp. 18 x 16 x3. 2 vols., 
1922-Mar. 1932, treas. vt.; 1 vol., Apr. 1932-, treas. off. 



332 TIPPECANOE COUNTY (308-311) 

30 8. Moratorium Tax Duplicate, 1934- . 1 vol. 
Record of taxpayers who have elected to pay delinquent taxes 
on moratorium plan, showing date and amount of moratorium, 
names of taxpayer and taxing unit, location and description 
of property, duplicate number, schedule of installments, 
interest and due date of each, dates and amount of payments, 
and balance due. Arr. by taxing units, thereunder num. by 
duplicate nos. No index. Hdw. 18 x 16 x 3. Treas. vt, 

309. WORK SHEETS, 1935. 12 vols, (labeled by taxing 
uni ts) . 

Recapitulation of delinquent taxes, showing date of delin- 
quency, names of taxpayer and taxing unit, duplicate number, 
location and description of property, and amounts of tax and 
penalty. Arr. alph. by names of taxpayers. No index. Hdw. 
300 pp. 18 x 10 x 6. Treas. vt. 

INHERITANCE AND INTANGIBLE 

310. INHERITANCE AND TRANSFER RECORDS, 1913— - 5 vols. 
(1-3; 2 vols . unlabeled) . 

Copies of receipts issued for payment of inheritance and 
transfer taxes, showing cause number; date, number, nature, 
and amount of receipt; date of decedent's death; and names 
of estate, heirs, and administrator or executor. Arr. num. 
by receipt nos. Indexed alph. by names of estates. Hdw. 
59 6 pp. 14 x 2 4 x 3^. 3 vols., 1913-27, attic stor. rm.; 2 
vols., 1928-, treas. off. 

For other inheritance tax records, see entries 91, 194, 
195, 811. 

311. [INHERITANCE AND INTANGIBLE TAXES], 1914—. 6 f. d. 
Conta ins : 

i. Copies of court orders determining amount of in- 
heritance tax due, showing dates of hearing and 
order, names of deceased and heirs, relationship 
of heirs to deceased, amount of deduction for 
indebtedness, and rate and amount of tax. Arr. 
chron. by dates of orders, 
ii. Copies of receipts for payment of inheritance tax, 
showing date of receipt; names of payer, estate, 
heirs, and administrator or executor; location 
and description of property; receipt and cause 
numbers; and amounts of tax, discount or interest, 
and payment. Arr. chron. by dates of receipts. 



(312-315) TREASURER 333 

iii. Copies of monthly reports of intangible tax stamp 

sales, showing date and number of report and sales, 

names of purchaser and taxing unit, and amount 

of sales. Arr. chron. by dates of reports. 

No index. Hdw. 4 f. d.. 6 x 18 x 18; 1 f. d., 6 x 14 x 30; 

1 f. d., 4 x 9 x 12. 4 f. d., 1914-3 7, treas. vt.; 2 f. d., 

1922- . treas. off. 

For other inheritance tax records, see entries 91, 194, 
195, 310. 

312. Record of Intangible Tax stamps, 193 3—. 3 vols. 
Daily inventory of intangible tax stamps, showing date of 
inventory; and number and denominations of stamps received, 
sold, and on hand. Arr. chron. by dates of inventories. 
No index. Hdw. 150 pp. 8 x 5 x ^ . Treas. off. 

313. Receipts for Excise Tax, Apr. 21, 193 3- . 4 vols. 
Copies of receipts issued for payment of intangible tax by 
banks and building and loan association;?, showing date, 
amount, number, and nature of receipt; and name of payer. 
Arr, num.. by receipt nos. No index. Hdw. 160 pp. 18 x 
12 x 1^. 3 vols., Apr. 21, 19 33-37, treas. vt,; 1 vol., 
1938-, treas. off. 

314. Inheritance and Transfer tax reports, Apr. 1936- . 
1 vol. 

Duplicate reports to auditor of state of inheritance and 
transfer tax collections remitted to treasurer of state, show- 
ing date of report; names of payer, estate, heirs, and admin- 
istrator or executor; cause number; relationship, of payer to 
decedent; amounts of tax and discount or interest ; and amount 
paid. Arr. num. by cause nos. No index. Hdw. 20 pp. 10 x 
16 x 1. Treas. off. 

PUBLIC IMPROVEMENT (see also entries, 13-17, 439-449, 460-464) 

315. DITCH DUPLICATE, 1896- . 3 vols. 188 5-9 5 in Tax 
Duplicate [and Delinquent List], entry 303. 

Record of assessments for construction and maintenance of 
ditches, showing dates of installments and payments; names 
of property owner and ditch; location and description of 
property; receipt number; and amounts of assessment, install- 
ment, delinquency, penalty, interest, and payment. Arr. by 
names of ditches, thereunder alph. by names of property 
owners. Indexed alph. by names of ditches and property 
owners. Hdw. 400 pp. 18 x 18 x 2. Treas. vt. 



334 TIPPECANOE COUNTY (316-320) 

316. FREE GRAVEL ROAD TAX DUPLICATE, 1882-99, 1904-8. 
23 vols . 

Record of assessments for construction and maintenance of 
free gravel roads, showing dates of installments and pay- 
ments; duplicate number; names of property owner and road; 
location and description of property; and amounts of assess- 
ment, installment, delinquency, penalty, interest, and pay- 
ment. Arr. alph. by names of taxpayers. No index. Hdw. 
378 pp. 18 x 22 x 2%. Treas. vt. 

COLLECTION 

317. CASH BOOK [Taxes], 19 11-. 58 vols. (1 vol. unla- 
beled; 2, 3, 3-11, 10-23; 1 vol . unlabe 1 ed; 24-38 , 
38-41, 43, 42, 44-53). June 1864-74,1877-1910 in 
Cash Book, entry 295. 

Daily record of taxes collected, showing date and amount of 
collection, tax duplicate number, and names of taxpayer and 
fund. Arr. by taxing units, thereunder chron. by dates cf 
collections. No index . Hdw. 630pp. 18x 12x3. 55 vols., 
1911-37, treas. vt.; 3 vols., 1938—, treas. off. 

318. [TAX RECEIPTS], 1929-. 70 cartons, 5 f i le cabinets . 
Duplicates of receipts issued for tax payments, showing date 
and amount of payment; duplicate and rece ipt numbers ; names 
of taxpayer and taxing unit; location, description, and as- 
sessed valuation of land; assessed valuation of improvements 
and personal property; number of polls; and amounts of tax, 
exemption, and payment. Arr. by names of taxing units, there- 
under alph. by names of t&xpayers. No index. Typed. Car- 
tons, 6 x 10 x 24; file cabinets, 18 x 6 x 30. 12 cartons, 
1929-31, attic stor. rm.; 58 cartons, 1929-37, treas. vt.; 5 
file cabinets, 1 938—, treas. off. 

MAPS 

319. TIPPECANOE COUNTY, not dated. 1 map. 
Communications map, showing names and boundary lines of 
civil townships; Congressional townships; range and section 
lines and numbers; plats of farms and tracts; number of acres 
and owner's name; and location of highways, rural routes, 
and railroads. Ptd. No scale given. 24 x 24. Treas. off. 

320. Ward AND PRECINCT MAP, not dated. 3 maps. 
Political and communications maps of Lafayette and West 
Lafayette, showing names and locations of streets, public 
buildings, railroads, highways, and rivers; and precinct and 
ward numbers and boundaries. Blueprints. Scale: 4" to 1 
mile. 24 x 30. Treas. ©f f . 



TAX COLLECTOR (1827-41) 335 

XXVI. TAX COLLECTOR (1827-41) 

LEGAL STATUS 

From 1827 until 1841 Tippecanoe County had a tax col- 
lector who was appointed for a 1-year term by the board of 
commissioners. ' He posted bond in the amount of $5000, 
which was approved by the board of commissioners and filed 
with the clerk of the circuit court. The 1 aw provided that 
any vacancy in the office of tax collector was to be filled 
through appointment by the clerk of the circuit court 1 " and 
that the executor, administrator, or legal representative of 
a deceased tax collector should collect the taxes which had 
been charged against the decedent as tax collector. 4 

FUNCTIONS AND RECORDS 

The tax collector collected taxes; conducted tax sales; 
issued tax sale certificates and tax deeds; 6 made and de- 
livered to the clerk of the circui t cour t an alphabet i cal list 
of all white male persons of the age of 21 years or over; 
prosecuted persons for failure to obtain licenses for public 
exhibitions; 8 and paid over to the state treasurer, the amount 
of taxes collected for the state, 9 and to the county treas- 
urer, all funds collected for the county. 

An act of 1841 abolished the office of county tax collector 
and transferred the duties thereof to the county treasurer. 1 



1 Rev. L. 1824, ch. 86, sees. 18. 42, Acts 1827-28, ch. 64, gee. 1. Acts 1828-29, ch, 16, sec. 
9. Rev. L. 1831, ch. 81, sees, 17, 18, 27, 33, Commissioners' Record A:21, See footnote 11 herein. 

2 Rev. L, 1824, ch. 86, sees, 18, 27. Rev, L. 1831, ch. 81, sec, 17. 

3 Rev. L. 1824, ch. 86, sec. 30. 

4 Hid., ch, 23, sec. 6; ch. 68, sees. 1, 2. 

5 Rev. L. 1824, ch. 23, sees. 2, 6, 9, 11, 13; ch. 24, sees. 10, 12; ch. 68, sees, 1, 2; ch. 85, 
sees. 11-16, 32, 41, 42. Acts 1825, ch. 47, sees. 7, 22, 28; ch. 49, sec. 5. Acts 1825-26. ch. 58, sec, 
4. Acts 1826-27, ch. 72, sees. 2, 3, 14. Rev. L. 1831, ch. 81, sees. 14, 20, 34; ch. 82, sec. 39. 

6 Rev. L. 1824, ch. 86, sees. 34-36, 40, 41. Acts 1825, ch. 47, sec. 11. Acts 1825-26, ch, 58, 
sec. 2. Acts 1827-28, ch. 33, sec. 1; ch, 77, sec. 36, Acts 1828=29, ch. 84, sec. 22. Rev. L, 1831, 
ch. 81, sees. 22, 24-26, 29-31. 

7 Acts 1829-30, ch. 9, sees. 4, 5. 

8 Rev. L. 1831, ch. 21, sec. 10. Rev. Stat. 1838, ch. 22, sec. 10. 

9 Rev. L. 1824, ch. 86, sees. 19-23, 34, 39. Rev. L. 1831, ch. 81, sec. 39. Acts 1827-28, ch. 



59, sec. 2, 

10 



Rev. L. 1824, ch. 86, sees. 24, 25, 34, 39. 
1 Acts 1841-42 (general), ch. 4, sec. 13. 



336 TIPPECANOE COUNTY 

XXVII. TRUSTEES OF PUBLIC SEMINARY (1830-53) 

LEGAL STATUS 

From 1 S 3 until 1833 Tippecanoe County bad one trustee 
of the- county seminary. From 1833 until 1844 there were 
three trustees, and from 1844 until 1853 there were six trus- 
tees. These trustees were appointed by the hoard of com- 
missioners for I- year terms before 1833 and for 3 - year terms 

thereafter. Bonds in varying amounts were posted by the 

p 
trustees." 

FUNCTIONS AND RECORDS 

The seminary trustees had custody of all seminary funds; 
made loans therefrom; charged interest at a rate not less 
than 6 percent per annum; prosecuted suits to recover money 
loaned; and distributed funds as ordered by the judge of the 
circuit court; erected buildings for seminary purposes on 
sites purchased therefor; employed teachers for the county 
seminary; fixed the teachers 1 salaries; determined the courses 
of instruction; disbursed tuition fees and such part of the 
principal and interest of the seminary fund as the board of 
commissioners designated and set apart for their use; kept 
a record showing all funds received and disbursed, ail loans 
made, and payments on such loans; and reported annually to 
the Speaker of the House of Representatives and to the board 
of commissioners, 8 

In 1853 the seminary fund, together with the surplus 
revenue, saline, bank tax, and all other funds set aside for 
common school purposes, was made a part of the common school 
fund under control of the county auditor, and the operation 
of schools was transferred to a township board headed by the 
township trustee. 4 



1 Acts 1817-18 (general), ch. 72, sec. 1. Rev. L. 1824, ch. 22, sees. 1, 2. Rev. L. 1831, 
ch. 90, sees. 1, 11, 12, 25. Acts 1832-33, ch. 46, sec. 1. Rev. Stat. 1S38, ch. 21, sec 25; ch. 98. 
sees. 1, 11, Rev. Stat. 1843, ch. 14, sec. 31. Commissioners' Record, B:188; C:335. 

2 Acts 1817-18 (general), ch. 72, sec. 1. Rev. L. 1824, ch. 22, sec. 2. Rev. L. 1831, ch. 
90, sec. 2. Rev. Stat. 1838, ch. 21, sec. 25; ch. 98, sec. 12. 

3 Acts 1817-18 (general), ch. 72, sec. 2. Acts 1821-22, ch. 65, sec. 1. Rev. L. 1824, ch. 22, 
sees. 2, 4. 10, 16. Rev. L. 1831, ch. 90, sees. 7-10, 16. Rev. Stat. 1838, ch. 98, sees. 7, 8, 16, 20, 
23. Acts 1841-42 (general), ch. 121, sec. 2. Rev. Stat. 1813, ch: 14, sees. 27, 28, 30, 34, 36. Com- 
missioners' Record, D:375, 376. Fassett A. Cotton, Education in Indiana (1934), pp. 9, 10, 15. 

4 Const. 1851, art. 8, sec. 2. 1 Rev. Stat. 1852, ch. 98, sees. 1, 4, 34. 



COUNTY SCHOOL COMMISSIONER (1829-49) 337 
XXVIII. COUNTY SCHOOL COMMISSIONER (1829-49) 

LEGAL STATUS 

From 182S until 1849 Tippecanoe County had a county 
school commissioner elected by the voters of the county for 
a 3-year term. He posted bond in the amount of $10,000 
($20,000 before 1831). 2 The law provided that any vacancy 
should be filled through appointment by the board of com- 

3 

miss loners . 

FUNCTIONS AND RECORDS 

The school commissioner wan a fiscal agent for the 
school funds. He sold school lands at public sale after pub- 
lishing and posting notice thereof; gold school lands at 
private sale, at the minimum price fixed by the trustees of 
such section, after such lands had been offered at public 
sale and remained unsold; issued certificates and deeds to 
the purchasers; recorded the sales of such lends in a book 
provided for that purpose; and delivered a true copy of the 
sale certificate to the recorder for recording. 

The commissioner received all money accruing from the 
sales of school lands; loaned out the school funds on first 
mortgages on real estate; charged interest at the rate of 6 
percent per annum; required the borrowers to pay certain 
expenses in connection with making the loans; could deposit 
in loan offices the moneys arising from the sale of school 
lands; could sue to recover school fund loans; filed reports 
with the board of commissioners specifying how such money 
was received, to whom loaned, the security taken, and the 
balance due on any unpaid loan; and delivered to the auditor 



1 Acts 1828-29, ch. 84. sec. 8. Rev. L. 1831, ch. 86, sec. 6. Acts 1832-33, ch. 70, sec. 3. 
Acts 1836-37 (general), ch. 2(2), sec. 1. Rev. Stat. 1838, ch. 94(2), sec. 1. Rev. Stat. 1843, ch. 4, 
sees. 2, 20. 

2 Acts 1828-29, ch. 84, sec. 8. Rev. L. 1831, ch. 86, sec, 6. Acts 1832-33, ch. 70, sec. 5. 
Acts 1836-37 (general), ch. 2(2), sec. 3. Rev. Stat. 1838, ch. 94(2), sec. 3. Rev. Stat. 1843, ch. 4, 
sec. 162. 

S Acts 1828-29, ch. 84, sec. 8. Rev. L. 1831, ch. 86, sees. 6, 33. Acts 1832-33, ch. 70, sees. 
4, 9. Acts 1836-37 (general), ch. 2(2), sees. 2, 7. Rev. Stat. 1838, ch. 94(2), sees. 2, 7. Rev. Stat, 
1843, ch. 4, sec. 160. 

4 Acts 1828-29, ch. 84, sees. 10, 13; ch. 93, sec. 2. Rev. L. 1831, ch. 86, sees. 7, 13, 34. 
Acts 1832-33, ch. 70, sees. 43, 51, 55-58, 64, 67, 104. Acts 1836-37 (general), ch. 2(8), sees. 13-16, 
20, 23; ch. 2(11), sec. 5. Rev. Stat. 1838, ch. 94(8), sees. 13-16, 20, 23; ch. 94(11), sec. 5. Rev. 
Stat. 1843, ch. 13, sees. 177, 185, 186, 195. 



338 TIPPECANOE COUNTY 

of state a statement of all money paid into the state treas- 
ury. 5 

Before 1838 when a school section was divided by a 
county line, it was in charge of the commissioner of the 
county in which the greater part of such section was sit- 
uated, After 1838 the township trustee could grant control 
of such section to the commissioner of any county in which 
the divided school section was situated. 6 

He kept separate accounts of principal and interest of 
funds belonging to each Congressional township; kept a record 
of his proceedings, subject to the inspection and examination 
of the board of commissioners; and rendered to the board of 
commissioners an annual report of all money received and 
di sbursed . 7 

In 1849 the general assembly abolished the office of 
school commissioner and transferred the duties thereof to 
the county auditor. 8 



XXIX. COMMISSIONER OF THREE PERCENT FUND (1833-43) 

LEGAL STATUS 

From 1833 until 1843 Tippecanoe County had a commis- 
sionerof the 3 percent fund, appointed for an indefinite term 
by the board of commissioners. He posted bond, approved by 
the board of commissioners, in the amount of $1,000 before 
1837 and in the amount of $4,000 after 1837. 2 



D Acts 1828-29, ch. 84, sees. 8, 15, 19; ch. 93, sec. 2. Rev. L. 1831, ch. 86, sees. 6, 19, 22, 
24, 26. Acts 1832-33, ch. 70, sees, 8, 84, 86, 91, 92, 100, 115, 116, Acts 1836-37 (general), ch. 2(9), 
sec. 1; ch. 2(10), sees. 12, 15; ch. 2(11), sec. 11. Rev. Stat. 1838, ch. 94(9), sec. 1; ch. 94(10), sees. 

12, 15: ch. 94(11), sec. 11. Rev. Stat. 1843, ch. 13, sec. 109. 

6 Acts 1828-29, ch. 84, sec. 13, Acts 1836-37 (general), ch. 2(2), sees. 8. 9. Rev. Stat. 1838, 
ch. 94 (2), sees. 8, 9. 

r ' Acts 1828-29, ch. 84, sec. 14. Rev. L. 1831, ch. 86, sees. 15, 52. Acts 1832-33, ch. 70, 
sec. 73. Acts 1836-37 (general), ch. 2 (2), sees. 11, 13, 15. Rev. Stat. 1838, ch. 94 (2), sees. 11, 

13, 15. 

8 Acts 1848-49 (general), ch. 116, sec. 4. 

1 Acts 1832-33, ch. 58, sees. 2, 5, 7. Acts 1836-37 (general), ch. 3b, sees. 2, 3. Rev. Stat. 
1838, ch. 107 (first act), sees. 2, 3. Rev. Stat. 1843, ch. 7, sec. 32; ch. 13, sec. 121. Commission- 
ers' Record D:375. 

2 Acts 1832-33, ch. 58, sees. 3, 11. Acts 1836-37 (general), ch. 35, sec. 2. Rev. Stat. 1838, 
ch. 107 (first act), sec. 2. 



SURPLUS REVENUE AGENT (1837-43) 339 

FUNCTIONS AND RECORDS 

By virtue of the. compact between the United States and 
Indians in 1816, the latter was to receive 3 perceDt of the 
net receipts of all public lands sold within its borders, to 
be used for the construction of public roads and canals with- 
ia the state under the direction of the state legislature. 

The 3 percent furjcl wes apportioned, from time to time, 
by the legislature to the various counties in the state; 4 and 
it was the duty of the commissioner of each county to super- 
intend the expenditure of the money .appropriated to his county 
for the construction of roads and bridges. 5 

The commissioner was required to keep an account of his 
expenditures and improvements, render a detailed statement 
of receipts and expenditures, and make an annual report, on 
the conditions of the fund, to the board of commissioners, 6 

In 1843 the general assembly abolished the office of the 
commissioner of the 3 percent fund and transferred the duties 
of this office to the auditor and treasurer. 7 



XXX. SURPLUS REVENUE AGENT (1837-43) 

LEGAL STATUS 

From 1837 until 1843 Tippecanoe County had a surplus 
revenue agent who was appointed annually by the state legis- 
lature. He was required to be a qualified voter of the state 
at the time of his appointment. He posted a bond f or doub 1 e 
the amount of money to be entrusted to his care, which was 
approved by the board of commissioners and filed with the 
clerk of the circuit court. 1 The law provided that any 



S 3 U. S. Stat., 2S0 (law of 1316), 424 (law of 1818). James Edward Hagerty, "Early Fi- 
nancial History of Indiana, "Indiana History Bulletin (1937), 14:268. 

4 Acts 1832-33, ch. 58, sees. 1, 4, Acts 1836-37 (general), ch. 35, sec. 1. Rev. Stat. 1838, 
ch. 107 (first act), sec. 1. Rev. Stat. 1843, ch. 13, sec. 121. 

5 Acts 1832-33. ch. 58, sec. 2. Acts 1836-37 (general), ch. 35, sec. 1; ch. 63, sec. 1. Rev. 
Stat. 1838, ch. 107 (first act), sec. 1. 

6 Acts 1832-33, ch. 53, sec. 7. Acts 1836-37 (general), ch. 55, sec. 1. Rev. Stat. 1838, ch. 
107 (third act), sees. 1, 3. 

7 Rev. Stat. 1843, ch. 13, sees. 121-127; ch. 59, 

1 Acts 1836-37 (general), ch. 1, sees. 4, 25. Rev. Stat. 1838, ch. 89 (first act), sec. 4; ch. 
89 (second act). See footnote 16 herein. 



340 TIPPECANOE COUNTY 

vacancy in the office should be filled through appointment 
by. the board of commissioners. 2 

FUNCTIONS AND RECORDS 

Under an act of Congress of June 23, 1836, surplus funds 
in the Federal Treasury were distributed as noninterest- 
bearing loans to the several states in proportion to their 
respective representation in Congress. The state treasurer 
then sent a portion of this fund to each of the various coun- 
ties for lending to citizens thereof with interest at 8 per- 
cent per annum. The interest was devoted to local school 
operation. 

The surplus revenue agent had custody of the surplus 
revenue funds aforesaid; 4 made loans from such funds to 
citizens residing in the county; charged interest on such 
loans at the rate of 8 percent per annum; published or posted 
notices from time to time stating what funds were available 
for lending; valued all real property offered as security 
for such loans; ascertained that each loan was for an amount 
not exceeding 50 percent of the determined valuation; satis- 
fied himself that the title to the property was regularly 
and legally derived from the Federal Government or the State 
of Indiana and was unincumbered; 7 caused all mortgages to 
be recorded in the recorder's office; 8 made loans on per- 
sonal security of two or more freeholders of undoubted respon- 
sibility; 9 made no loans for a term exceeding 3 years nor in 
an amount exceeding $400 to one per son; 1 ° col lee ted interest 



annually in advance and paid the same to the county school 
commissioner for distribution to the several townships;" 
and foreclosed mortgages when necessary to collect loans. 



3, 6. 



A Acts 1836-37 (general), ch. 1, sees. 18, 19. Rev. Stat. 1838, ch. 89 (first act), sees. 18, 19. 

3 U. S. Stat. 5:52 (law of 1836). Acts 1836-37 (general), chs. 1, 51. 

4 Acts 1836-37 (general), ch. 89, sees. 1-3, 6. Rev. Stat. 1838, ch. 89 (first act), sees. 1- 

5 J bid. (both acts), sec. 7. 

6 Ibid, (both acts), sees, 8, 9. 

7 Ibid, (both acts), sec. 8. 
Ibid, (both acts), sec. 15. 

9 Hid. (both acts), sec. 9. 
1 ° Ibid, (both acts), sees. 10, 11. 
1 1 Hid. (both acts), sees. 9, 13. 
1 2 Ibid, (both acts), sec. 16. 



COUNTY AGENT (1826-52) 341 

All filing fees and other expense of making the loans were 
paid by the borrower, 18 

On forms furnished by the state treasurer, the agent 
kept a register of the names, dates, and amounts of all 
mortgages taken by him, showing all payments of interest and 
principal thereon. - He made quarterly reports to the state 
treasurer and the clerk of the circuit court, showing all 
transaction® during the preceding quarter. 5 

In 1843 the general assembly abolished this office and 
transferred the duties thereof to the county auditor. 6 



XXXI. COUNTY AGENT (1826-52) 

LEGAL STATUS 

From 3826 to 1852 Tippecanoe County hsd a county agent, 
who was appointed by the board of commissioners. He bad no 
definite term of office before 1843, From 1843 until 1852 
his term of office was 3 years. He was required to post a 
bond subject to approval of the appointing authority. No 
county commissioner, auditor, treasurer, or clerk of the cir- 
cuit court could serve as county agent. 2 

FUNCTIONS AND RECORDS 

The county agent per formed various admini strative duties 
delegated to him by the board of commissioners and was di- 
rectly responsible to such board. 1 " He received conveyances 
of land given or sold for the use of the county, laid off such 
land into town lots, sold the lots, made conveyances, collect- 
ed the money therefrom, and paid the same into the county 
treasury, 4 

1 S [hid, (both acts), sec, 15, 

1 4 Hid. (both acts), sec. 24. 

1 5 Ibid. Rev. Stat. 1838, ch. 89 (second act), sec, 7. 

1 6 Rev. Stat. 1843, ch. 13, sec, 95; ch, 59 5 sec, 4. 

1 Acts 1817-18 (Spec, Sess,), ch, 1, sec, 2. Rev, L. 1824, ch. 93, sees. I, 4. Rev. L, 1831, 
ch. 85, sees, 1, 4. Rev, Stat, 1843, ch. 4, sec, 48. Commissioners' Record, A:3. 

2 Acts 1817-18 (Spec. Sess.), ch. 2, sec. 4. Rev. L. 1824, ch. 93, sec. 11. Rev. Stat. 1838, 

ch. 93, sec. 11. Rev. Stat, 1843, ch, 18, sec, 20, 
g 
See footnotes 4 and 7 herein, 

4 Acts 1817-18 (Spec. Sess.), ch. 1, sec. 2. Rev. L. 1824, ch. 93, sec. 4. Rev. Stat. 1831, 

ch. 85, sec. 4. Rev. Stat. 1838, ch, 93, sees. 1, 4. Rev, Stat. 1843, ch, 19, sec, 12. 



342 TIPPECANOE COUNTY 

The county library fund received 10 percent of all re- 
ceipts from such sales. 5 

From the remainder of said receipts the essential expenses 
and the price of purchased land were paid and the balance 
used for erection of necessary publ i c buildings* Any remain- 
ing funds were applied as any other money in the treasury. 6 

The board of commissioners imposed upon the county agent 
numerous duties not specified by statute. He received bids 
for construction and repair of county buildings; inspected 
materials and completed work; made repor ts and recommenda- 
tions to the board on materials and costs of proposed con- 
struction work; employed labor; purchased certain supplies; 
and performed other similar duties under the direction of 
the board of commissioners. 7 

The county agent kept a record of sales and collections. 
Every 4 months, or sooner if required, he made a report and 
financial settlement with the board of commissioners.'' 

In 1852 the general assembly abolished this office and 
transferred the duties thereof to the county auditor." 



XXXII. AUDITOR 

LEGAL STATUS 

The office of auditor has existed in Tippecanoe County 
ever since 1841 under the mandatory requirements of an act 
of 1841 and the Constitution of 1851. The auditor is elected 
for a 4-year term by the voters of the county. Before 1851 
he was elected for a 5-year term. He is commissioned by 
the Governor of Indiana and holds office until his successor 



5 Const. 1816, art. 9, sec. 5. Rev. Stat. 1824, ch. 60, sec. 9. Acts 1825-26, ch. 10, sec. 6. 
Acts 1826-27, ch. 35, sec. 1. Rev. Stat. 1831, ch. 59, sec. 0. 
See footnote 4 herein 

7 Commissioners' Record, C:261, 692, 332, 333, 371, 394, 608; D:83, 192. 

8 Acts 1820=21, ch. U, sec. 1. Rev. L. 1824, ch. 93, sec. 6, Rev. L. 1831, ch. 85, sees. 6, 
7. Rev. Stat. 1833, ch. 93, sec. 8. Rev. Stat. 1843, ch. 18, sec. 17 

9 Acts L851-52, ch. 2, sec. 1. 

1 Const. 1851, art. 6, sec. 2. Acts 1840-41 (general), ch. 2, sec. 1. 1 Rev. Stat. 1852; 
Burns 49-3001; Baldwin 5415. Jones v. Cavins, 4 Ind. 305 (1853). 

2 Const 1851, art. 15, sec. 6. 1 Rev. Stat. 1852; Burns 49-201; Baldwin 13095. 



AUDITOR 343 



is elected and qualified. No person is eligible to hold the 
office more than 8 years in any 12-year period. 

The auditor must be an elector of the county at the Lime 
of his election; raus t have been an inhab i tant thereof through- 
out the preceding year; 5 must reside within the county after 
his election; must not hold any other lucrative office; must 
not practice hw; b must post bond in the amount of $10,000, 
to be approved by the board of commissioners and filed with 
the clerk of the circuit court; 7 and must take an oath to 
support the State and Federal Constitutions and faithfully 
discharge the duties of his office. 

The auditor receives a regular salary of $3,440 per year.' 
In addition to his regular salary he receives $400 per year 
for services rendered for the city of Lafayette; and from 
1907 to 1932, and in 1935 and 1936, he also received $50 per 
year for acting as secretary of the board of finance of Tippe- 
canoe County; and from 1919 until 19S3 he also received $5 
per day for each day actually served as a member of the county 
board of review. He is not now entitled to retain, as 
compensation for himself, any fees which he collects. 1 

For sufficient legal grounds the auditor may be removed 
from office by the circuit court, after trial by jury on an 



8 Con&. 1851, art. 15, sec. 3. 1 Rev. Stat. 1852; Burns 49-3G01; Baldwin 5415. Griebel v. 
State ex rel. Niezer, 111 Ind. 369, 12 N. E. 700 (1887). 

4 Const. 1851, art. 2, sec. 11; art. 6, sec. 2. 

5 Ibid., art. 6, sec. 4. State ex rel. Jeffries v. Kilroy, 86 Ind. 118 (1882). 

6 ConsT:. 1851, art. 2, sec. 9; art. 6, sec. 6. 1 Rev, Stat. 1852, ch. 8, sec. 9. Acts 1881 
(Spec. SessJ, ch. 37, sec. 115. Acts 1905; Burns 10-3102; Baldwin 2636. State v. Allen. 21 Ind. 516 
(1863); Wells v. State ex rel. Peden, 175 Ind. 380, 94 N. E. 321 (1911).. 

7 Acts 1905; Burns 10-3708; Baldwin 2660. 1 Rev. Stat. 1852; Burns 49-104, 49-105, 49-120; 
Baldwin 13057, 13063, 13068. Acts 1889; Burns 49-3003; Baldwin 5417 

8 Const. 1851, art, 15, sec, 4. Acts 1905; Burns 10-3708; Baldwin 2660. 1 Rev. Stat. 1852; 
Burns 49-101; Baldwin 13054.- 

9 Acts 1871, ch. 17, sec. 28. Acts 1933; Burns 49-1004; Baldwin 7534. 



1 ° Acts 1899, ch. 154, sec. 50. Acts 1907, ch. 222, sec. 7 (repealed by Acts 1935, ch. 70, sec. 

42). Acts ^935, ch. 70, sec. 7 (repealed by Acts 1937, ch. 3, sec. 42). Acts 1933; Burns 48-1227, 

49-1001, 49-1004; Baldwin 11408, 7531, 7534. Acts 1919, 1920 (Spec. Sess.); Burns 64-1201, 64-1204; 

Baldwin 15700, 15703. Board of County Comrs. v. Johnson, 127 Ind. 238, 26 N. E. 821 (1891); Tucker 

v. State ex rel. Board of County Comrs., 163 Ind. 403, 71 N. E. 140 (1904); Board of County Comrs. 

v. Crowe, 214 Ind. 437, 446 (two cases), 14 N. E. (2d) 903, 907. 15 N, E. (2d) 1016 (1938). Opinions 

of the Attorney General of Indiana, 1934, p. 313; 1936, p. 130. 
] ] 

Acts 1933; Burns 49-1005; Baldwin 7535. Workman v. State ex rel. Board of County 

Comrs., 165 Ind. 42, 73 N. E. 917 (1905). 



344 TIPPECANOE COUNTY 

accusation Presented by the grand jury or verified by the 
oath of any person; and such removal ig subject to review 
by the supreme court. If the auditor is convicted of a 
felony the judgment of conviction must declare the office 

1 3 

vacant . 

Any vacancy in the office of auditor is filled through 
appointment by the board of commissioners. At the next bi- 
ennial general election (held on the 1st Tuesday after the 
1st Monday in November in the even-numbered years), an 
auditor is elected for the remainder of the term in which 
the vacancy occurred. The person appointed or elected to 
fill a vacancy must take oath and post bond, as v/as required 
of his predecessor; and he holds office until his successor 
is elected and qualified. 

The auditor may appoint deputies and assistants under 
authority from the board of commissioners. One deputy may 
be appointed without such authorization. The county coun- 
cil fixes their salaries, which must be not less than $75 nor 
more than $200 per month. 5 The auditor may require any 
deputy to give bond, 16 The deputies must take the oath re- 
quired of the auditor, may perform all the official duties 
of the auditor, and are subject to the same regulations and 
penalties. The auditor may remove such deputies and assis- 
tants at any time and is responsible for their official acts. 18 

Most of the early duties of the auditor were transferred 
to him from the clerk of the circuit court, 19 and included 
the clerk's previous duties as clerk of the board doing county 

1 2 Const. 1851, art. 2, sees. 6, 7; art. 6, sec. 8. Acts 1897, 1899; Burns 49-S21 to 49-834, 
49-836; Baldwin 13154 to 13166, 13050, 13168. Acts 1875; Burns 49-837; Baldwin 13052. 

1 S Acts 1897, 1899; Burns 49-834; Baldwin 13050. 

1 4 Consa. 1851, art. 6, sec. 9. Acts 1881 (Spec. Sees.); Burns 29-701; Baldwin 7081. 1 
Rev. Stat. 1852; Burns 49-405, 49-408, 49-409; Baldwin 13104, 13106, 13107. Douglass v. State ex rel. 
Wright, 31 Ind. 429 (1869). Gemmer v. State ex rel. Stephens, 163 Ind. 150, 71 N. E. 748 (1904). 
Opinions of the Attorney General of Indiana, 193G, p. 9. Information obtained from Omer Stoke6 
Jackson, Attorney General of Indiana, on July 11, 1939, by W. Davis Hamilton. 

5 1 Rev. Stat. 1852, Acts 1855, 1925; Burns 49-501; Baldwin 13108. Acts 1933, 1935, 1937. 
Burns, 1340 suppl., 49-1002; Baldwin, 1937 suppl., 7532. Opinions of the Attorney General of Indiana. 
1934, p. 256; 2037, p. 324. 

1 6 1 Rev. Stat. 1852, Acts 1855, 1925; Burns 49-501; Baldwin 13108. 

1 7 1 Rev. Stat. 1852; Burns 49-502; Baldwin 13109. 

1 8 1 Rev. Stat. 1852; Burns 49-503; Baldwin 13110. Acts 1933, 1935, 1937; Burns, 1940 suppl., 
49-1002; Baldwin, 1937 suppl., 7532. 

1 9 Acts 1840-41 (general), ch. 2, sec. 54. Jones v. Cavins, 4 Ind. 305 (1853). 



AUDITOR 345 

business, as member of the boards performing duties sira- 
ilar to those of the present county board of review,"" and 
duties concerning electioss, J taxation, finance, county busi- 
ness," and selection of petit jurors and grand jurors. 

From 1826 until 1852 Tippecanoe Couaty had a county 
agent whose duties (stated in a separate essay) were trans- 
ferred to the auditor in 1852, 25 



FUNCTIONS AND RECORDS 

The auditor is the financial agent of the county and the 
routine administration of county affairs centers in his of- 
fice, through which all financial transact! ons are conduc ted , 
of which he keeps records. 

He keeps a fee and cash book,^" a monthly balance rec- 
ord, and a record of receipts, appropriations, and disburse- 
ments. 2 He keeps separate accounts for each specific item 
of appropriation by the county council and an account cur- 



rent, with the treasurer, of county funds 



29 



20 Acts 1816-17, eh, 15, sec. 6. Rev. L. 1324, ch, 15, sec. 5; ch. 16, sec. 6. Rev. L. 1831, 
ch. 20, sec. 6, Acts 1840-41 (general), ch. 2, sees. 8, 54. Rev. Stat. 1843, ch. 7, sees. 5, 16, 17, 53. 

21 Acts 1817-18 (general), ch. 42, sec. 12. Rev. L. 1824, ch. 86; sec. 7. Acts 1825, ch. 47, 
sec. 3. Rev. L. 1831, ch. 81, sees. 5, 7, 8. Acts 1838-39 (general), ch. 14, sees. 14, 15. Acts 1840- 
41 (general), ch. 1, sees. 13, 18. 

22 Acts 1816-17, ch. 9, sees. 12-14, 16, 19; ch. 14, sec. 4. Rev. Stat. 1838, ch. 32, sees. 18. 
19. Acts 1834-35 (general), ch. 43, sec. 1. Acts 1841-42 (general), ch. 45, sec. 8. Rev. Stat. 1843. 
ch. 5, sec. 103. Acts 1375, ch. 7, sec. 1. Acts 1881 (Spec. Sess.), ch. 47, sec. 13. Acts 1908 (Spec. 
Sess.), ch. 2, sec. 1. Acts 1911, ch. 7, sec. 5; ch. 150, sees. 5, 13 (both sections repealed by Acts 
1913, ch. 185, sec. 25). 

23 Acts 1815, ch. S 5 sees. 5, 13, 17; ch. 10, sees, 1-3. Rev. L. 1824, ch. 23, sec. 6; eh. 86. 
sees. 7, 10, 11, 17, 19, 29, 36, 41. Acts 1825, ch. 49, sec. 2. Acts 1825-26, ch. 58, sec. 2. Acta 1829- 
30, ch. 9, tee. 1. Acts 1331-32, ch. 174, sec. 1. Acts 1834-35 (general), ch. 10, sec. 5; ch. 11, sees. 
5, 18. Rev. Stat. 1838, ch. 91, sec. 26; ch. 95, sec. 1. Acts 1840-41(general), ch. 2, sec. 54. 

2 4 Acts 1841-42 (general), ch. 45, sec. 6. 2 Rev. Stat. 1852, pt. I, ch. 9, sec. 1, p. 24. Acts 
1S53, ch. 59, sec. 1. These duties were discontinued in 1881. Acts 1881 (Spec. Sess.), 1899, 1913; 
Burns 4-3301, 4-3304, 4-3306; Baldwin 1266, 1267, 1270. 

2 5 See the essay entitled "County Agent (1828-52)." 

26 Acts 1840-41 (general), ch. 2, sec. 27. Acts 1871, ch. 17, sec. 38. Acts 1891, ch. 194, 

sec. 124. Acts 1895; Burns 49-1401; Baldwin 7576, 
2 7 



Required by order of state board of accounts. Information obtained from E. P 
ite examiner, on May 18, 1939, by W. 
Acts 1899; Burns 26-623; Baldwin 5387. 
Acts 1840-41 (general), ch. 2, sec. 10. 1 J 
State ex rcl. Board of County Comrs., 22 Ind. 241 (1864) 



Brennan, state examiner, on May 18, 1939, by W. Davis Hamilton 

28 

2 9 Acts 1840-41 (general), ch. 2, sec. 10. 1 Rev. Stat. 1852; Burns 49-3010; Baldwin 5423. Welis 



346 TIPPECANOE COUNTY 

The clerk of the circuit court, treasurer, sheriff, and 
recorder must make reports of fees to the auditor quarterly 
and at the expiration of their terms of office. The treas- 
urer also makes a monthly report to the auditor showing the 
total amount of cash payments received by the treasurer 
during the month and the respective accounts to which such 
payments are applied. The clerk of the circuit court annu- 
ally delivers to the auditor a list of all fines and jury fees 
collected during the preceding year, and also a list of all 
fees in his hands which have remained unclaimed for 2 years, 
and the auditor enters such lists in his register of receipts 
and issues a quietus for the items of such lists which have 
been paid over to the treasurer.' ° 

Funds in the county treasury are disbursed on warrants 
drawn by the auditor on the county treasurer. 01 The auditor 
publishes a call for redemption of interest-bearing warrants, 
when money is available therefor. Treasurer's receipts 
for payments other than for taxes are deposited by the payers 
with the auditor, who issues quietuses therefor." 3 All re- 
deemed or canceled warrants are deposited quarterly by the 
treasurer with the auditor, for permanent filing. 34 

When the auditor draws a warrant he charges it against 
the appropriation and particular fund under which it was 
drawn. Apportionment is made if more than one fund or 
appropriation is involved."" Records of the warrants are 
kept in the manner prescribed by the s tate board o f accounts . 
Formerly the number, date, amount, name of payee, and purpose 



3 ° Acts 1841-42 (general), ch. 45, sec. 3. Acts 1371, ch. 17, sees. 20, 23, 27, 31. Acts 
1895, 1903, 1913; Burns 49-1402; Baldwin 7577. 2 Rev. Stat. 1852, Acts 1891; Burns 49-2710; Baldwin 
1437. Acts 1919; Burns 64-2101; Baldwin 15802, 

Such lists were entered in the "order book of the board of commissioners" (commonly 
known as the "commissioners' record") before the state board of accounts provided otherwise in 
1909. Information . ~ : from E. P. Brennan, state examiner, on March 7, 1940, by W. Davis 

Hamilton. 

3 l Rev. Stat. 1843, ch. 7, sees. 76, 79. Acts 1899, 1935; Burns, 1940 suppl., 26-522; Bald- 
win, 1935 suppl., 5386. Acts 1889; Burns 49-3007; Baldwin 5120. 1 Rev. Stat. 1852; Burns 49-3103, 
49-3111; Baldwin 5550, 5558. Acts 1937; Burns, 1940 suppl., 61-627; Baldwin, 1937 suppl., 13844-48. 

3 2 Acts 1889; Burns 49-3007, 49-3008; Baldwin 5420, 5121. 

83 Rev. Stat. 1S43, ch. 7, sec. 77. 2 Rev. Stat. 1852, Acts 1891; Burns 49-2710; Baldwin 
1437. 1 Rev. Stat. 1852; Burns 49-3010, 49-3104; Baldwin 5423, 5551. 

3 4 Rev. Stat. 1843, ch. 7, sees. 79, 85. 1 Rev. Stat. 1852; Burns 49-3114; Baldwin 5561. In- 
formation obtained from E. P. Brennan, state exc\miner, on June 14, 1939, by W. Davis Hamilton. 

3 5 Acts 1899; Burns 26-544; Baldwin 5409. 



AUDITOR 347 



of the warrant were entered in a book as prescribed by 
statute. 36 

Before issuing a warrant or quietus the auditor must 
examine the account to ascertain whether it is correct and 
in proper form; and for this purpose may require the furnish- 
ing of information, vouchers, and exhibits sufficient to 
satisfy himself. " J The action of mandamus lies to compel 
the auditor to draw a warrant on the county treasury 

On claims allowed by courts for cost of administration 
of justice,' ' &nd on claims (including claims on judgments) 
allowed by the board ©f commissioners, the auditor issues his 
warrant. 40 But a warrant may be issued to pay a judgment, 
or for management of the school fund, or for expenses of in- 
sanity inquests, or for salaries or other liabilities for spe- 
cific amounts fixed by law, when no claim therefor has been 
allowed as aforesaid. The auditor issues warrants for 
allowances, awards, or assistance granted by the coimty wel- 
fare department when approved by the county welfare direct©r. 
Claims for administrative expenses of the we 1 fare depar tment 
must be approved by the board of commissioners.""" County 
hospital claims are paid by the audi tor upon order of hospital 
board. Fie issues warrants on the county treasurer for 
clothing for insane persons of the county committed to a state 
hospital on requisition of the superintendent thereof, when 



, ch. 7, sec, 56. 1 Rev. Stat. 1852; Bums 49-3005; Baldwin 5419. Acts 
1909; Burns 60-202; Baldwin 13855. Information obtained from E. P. Brennan, state examiner, on 

August 15, 1939, by W. Davis Hamilton. 

37 



Acts 1909; Burns 60-215; Baldwin 13866. 
39 



8 Gill v. State ex rel. Board of County Comrs., 72 Ind. 266 (1880). 



Acts 1921, 1935; Burns, 1940 suppl., 4-3107; Baldwin, 1935 suppl., 1256. Acts 1881 (Spec, 
Sess.), 1903, 1913, 1927, 1933; Burns 4-3319,4-3407; Baldwin 1277, 1286. Acts 1921, 1939; Burns, 1940 
suppl., 4-3507; Baldwin, 1939 suppl., 1298-1. Acts 1893; Burns 4-3511; Baldwin 1300. Acts 1905; 
Burns 9-1312 to 9-1315; Baldwin 2233 to 2236. 1 Rev. Stat. 1852; Burns 9-2408; Baldwin 1306. Acts 
1899; Bums 26-515, 26-527, 26-816; Baldwin 5379, 5391, 5268. Acts 1931; Burns 26-817, 26-818; Baldwin 
5269, 5270. Acts 1895, 1905, 1915, 1919; Burns 49-1311; Baldwin 7570, Acts 1879 (Spec. Sess.); Burns 
49-1432, 49-1434; Baldwin 13127, 13128. 2 Rev. Stat. 1852; Burns 49-2709, 49-2804; Baldwin 1436, 5496. 

4 ° Rev. Stat. 1843, ch. 7, sees. 76, 79. Acts 1897; Burns 26-809; Baldwin 5257. Acts 1911; 
Burns 26-813, 26-814; Baldwin 5264, 5265. 

4 l Acts 1897; Burns 26-809; Baldwin 5257. 1 Rev. Stat, 1852; Burns 49-3005; Baldwin 5419. 
Blue v. State ex rel. Powell, 210 Ind. 486, 1 N. E. (2d) 122 (1936). 

42 Acts 1936 (Spec. Sess.); Burns, 1940 suppl., 52-1124; Baldwin, 1937 suppl., 14078-24. 
Opinions of the Attorney General of Indiana, 1936, p. 440. 

4 S Acts 1917; Burns 22-3218; Baldwin 4519. 



348 TIPPECANOE COUNTY 

certified by the c i e r k of the circuit court. A warrant not 
c s' 1 1 e d for within 5 years after the allowance of the claim 
on which it was drawn may be canceled by the board of com- 
missioners, if not called for after publication of notice.*' 

The auditor manages the school funds held in trust b y 
the county. 6 with the exception of making loans. The 
county school fund board (composed of the auditor, clerk of 
the circuit court, and another person appointed by the judge 
of the circuit court) makes all the loans from those funds." 
Whenever a Congressional township is divided by a county 
line, the auditor makes all adjustments of land, accounts, 
and distribution of pupils. 8 The auditor conduc ts the sal e 
of school lands including those previously sold and for- 
feited by the purchasers thereof). 5 The auditor issues a 
quitclaim deed whenever there is a defect in the title of the 
owner of land in a school section resulting f r om des true t i on 
of public, records. 5 He supervises unsold saline lands. 5 

Funds held by the county in trust for cemetery purposes 
are managed and loaned by the auditor in the manner provided 
by law for school funds. 5d 

Annually the auditor reports to the state examiner the 
financial condition of the county and the school funds charged 
to it. 54 

Formerly the board of commissioners met in the auditor's 
office and audited the warrants of all township trustees in the 
county. These warrants and the board's decision thereon were 
registered by the auditor in a book kept for that purpose . 5 5 



44 Acts 1927, 1933: Burns 22-1215, 22-1216; Baldwin 4307, 4308. Morris v. State ex rcl. 



Brown, 96 Ind. 597 (1884). 
45 

46 



4 5 Acts 1879 (Spec. Sess.); Burns 26-815; Baldwin 5273. 



Acts 1855, ch. 86, sec. 155. Acts 1861, ch. 41, sees. 122, 160. Acts 1865, 1907; Burns 
28-101, 28-102, 28-105; Baldwin 6499, 6500, 6511. 

4 7 Rev. Stat. 3843, ch. 13, sec. 45. Acts 1865, 1935; Burns, 1940 suppl., 28-209; Baldwin, 
1935 suppl.. 6558. See the essay entitled "County School Fund Board." 

4 8 Acts 1877 (Spec. Sess.); Burns 28-111 to 28-114; Baldwin 6518 to 6520, 6510. 

4 9 Acts 1S65, 1875; Burns 28-122 to 28-124; Baldwin 6553, 6528, 6529. 

5 ° Acts 1851-52, ch. 2, sec. 2. Acts 1863, 1865; Burns 28-125, 28-126, 28-129 to 28-133, 28-135 
to 28-137, 23-140 to 28-143, 28-145, 28-146; Baldwin 6530, 6531, 6538, 6539, 6534, 6535, 6540, 6542 to 6544, 

6552, 6554. 
Acts 1915; Burns 28-239; Baldwin 5435. 



6547 to 6550, 6552, 655 
5 1 



5 2 1 Rev. Stat. 1852; Burns 62-201; Baldwin 15255. 
5 S Acts 1915; Burns 21-214, 21-217; Baldwin 4668, 4674. 
5 4 Acts 1909; Burns 60-204; Baldwin 13857. 
5 5 Acts 1897, ch. 144, sees. 1, 2. 



AUDITOR 349 

The auditor keeps an account with each township showing 
expenditures and tax levies for poor relief, keeps reports of 
public welfare officials, and keeps records of county welfare 
funds. 56 

A copy of the annual report (accompanied by vouchers) 
of each township trustee to the township advisory board is 
filed in the auditors office. Annually the township 

trustees report to the auditor the amount of claims in the 
several townships for livestock, fowls, or game destroyed 
or damaged by dogs; and the auditor annually reports to the 
auditor of state the amount of all such claims remaining un- 
paid for lack of funds. 5 Quarterly each county official re- 
ports to the auditor all humane fund fee s c o 1 1 ec ted by him . 5 9 

The auditor compiles budget estimates made by the county 
officers and boards; keeps them on file for 1 month subject 
to inspection by any taxpayer; and submits them with his rec- 
ommendations to the county council at i ts annua 1 mee t i ng . 6 ° 

In each township having a population no t exceeding 5, 000 
(all townships except Fairfield and Wabash), the office of 
towns hi p assessor has been abolished, and the duties of such of- 
fice are performed by the township trustee. Reference herein 
to the tov/nship assessor includes the township trustee perform- 
ing the duties prescribed by statutes for township assessors. 

The auditor certifies to the city officials the number 
of taxable polls therein, and adds omitted polls to the 

tax dupl icate . 6 3 

The auditor takes a very important part in the admin- 
istration of the property tax laws. Annually the township 



5 6 Acts 1805, ch. 120, sec, 2. Acts 1897, ch. 151, sec. 1 (repealed by Acts 1901, ch. 147, 
sec, 39), Acts 1901, ch. 147, sees. 11, 12, 19, 20 (all repealed by Acts 1935, ch, 116. sec, 38), Acts 
1907, ch. 161, sec. 1 (repealed by Acts 1935, ch. 316, sec. 38). Acts 1935; Burns, 1940 suppl,, 52-158; 
Baldwin, 1935 suppl., 13320-15. Acts 1936 (Spec. Sess.); Burns, 1940 suppl., 52-1402; Baldwin, 1937 
suppl., 14078-114. 

5 7 Acts 1899, 1901; Burns 65-318; Baldwin 16075. 

5 8 Acts 1927, ch. 176, sec. 10. Acts 1929, ch. 58, sec. 1. Acts 1937; Burns, 1940 suppl., 
16-327; Baldwin, 1937 suppl., 381141. 

5 9 Acts 1881; Burns 5-1803; Baldwin 1874. Acts 1913; Burns 9-2502, 9-2503; Baldwin 3803, 
3804. Acts 1909; Burns 60-214; Baldwin 13S65. 

6 ° Acts 1899; Burns 26-516 to 26-520; Baldwin 5380 to 5384. Acts 1919, 1920 (Spec. Sess.), 
1921. 1927, 1935; Burns, 1940 suppl., 64-1331, 64-1339; Baldwin, 1935 suppl., 15735, 15737-1. 

5 1 Acts 1933; Burns 64-1031; Baldwin 15664. 

62 Acts 1905, 1911; Burns 48-6708; Baldwin 11516. 

6 3 Acts 1919; Burns 64-2102; Baldwin 15803. 



350 TIPPECANOE COUNTY 

assessors file with the auditor all returns of real and per- 
sonal property made by them, together with all assessment 
lists, schedules, statements, maps, and other books and 
papers used by them in making such returns; and the assessor 
obtains the same from the auditor to perform the county 
assessor's duties, but return? them to the auditor for per- 
manent filing. If a taxpayer refuses to make a persona) 
property tax return or an oath required by law in connection 
with the assessment of personal property, the auditor adds 
50 percent to the personal property valuation returned by 
the assessor. 6 If a landowner fails to furnish a list of 
lands and improvements within 5 days after a township asses- 
sor has so requested, the auditor must add 25 percent to the 
valuation of any lands or improvements listed by the asses- 
sor and which are not assessed the previous year. The au- 
ditor assesses omitted property, after giving notice to the 
taxpayer, but cannot increase property assessment valuations 
made by assessors even if purposely undervalued. For the 
purpose of the listing and assessment of omitted property, 
the auditor may, on filing proper affidavit in the circuit 
court and obtaining a writ directed to the sheriff, inspect 
the books and papers of taxpayers. He receives assessors 1 
reports concerning efforts to conceal property from taxation 

64 Rev. Stat. 1843, ch. 12, sees. 28, 41. Acts 1850-51 (general), ch. 5, sees. 12, 19; ch. 9, 
sees. 5, 8. Acts 1858 (Spec. Scss.), ch. 2, sec. 20. Acts 1891, ch. 99, sees. 101, 105. Acts 1919; 
Burns 64-1023, 64-1029, 64-1102; Baldwin 15689, 15664, 15698. Acts 1919, 1925, 1927, 1935, 1937; Burns. 
1940 supply 64-1019; Baldwin, 1937 supply 15685. Information obtained from E. P. Brennan, state 
examiner, on May 18, 1939, by W. Davis Hamilton. 

6 5 Acts 1919; Burns 64-610; Baldwin 15578. 

5 5 Acts 1919; Burns 64-1008; Baldwin 15674. 

6 7 Acts 1840-41 (genera!), ch. 1, sec. 9. Acts 1889, ch. 183. sec. 1. Acts 1919; Burns 64- 
1402; Baldwin 15739. Scott v. Knightstown, 84 Ind. 108 (1882); Lang v Ciapp, 103 Ind. 17, 2 N. E. 
197 (1885); Vandercook v. Williams, 106 Ind. 345, 1 N. E. 619 (18S5); Williams v. Segur, 106 Ind. 
263, 1 N. E. 707 (1885); McKeen v. Haskell, 108 Ind. 97, 8 N. E. 901 (1836); Board of County Comrs. 
v. Senn, 117 Ind. 410, 20 N. E. 276 (1889); Florer v. Sherwood, 128 Ind. 495, 28 N. E. 71 (1891); 
Hennel v. Board of County Comrs., 132 Ind. 32, 31 N. E. 462 (1892); Florer v. Sheridan, 137 Ind. 
23. 36 N. E. 365 (1894); Cummings v. Stark, 138 Ind. 94, 34 N. E. 444 (1894); Thiebaud v. Tait, 138 
Ind. 238, 36 N. E. 525 (1894); Eaton v. Union County Nat. Bank, 141 Ind. 136. 40 N. E. 668 (1895); 
Buck v. Miller, 147 Ind. 586, 45 N. E. 647 (1896); Miller v. Vollmer, 153 Ind. 26, 53 N. E. 949 
(1899); Crowdei v. Riggs, 153 Ind. 158, 53 N. E. 1019 (1899); Parkison v. Thompson, 164 Ind. 609, 
73 N. E. 109 (1905); Darnell v. State, 174 Ind. 143, 90 N. E. 769 (1910). 

6 8 Acts 1891, ch. 99. sec. 34. Acts 1919; Burns 64-1026; Baldwin 15549. 



AUDITOR 351 

and transmits the same to the board of review. 69 Acting 
for the county board of review, the auditor gives notice to 
taxpayers in order that the board may assess omitted property 
or raise valuations. 70 Appeals from the county board of re- 



view to the state board of tax commissioners are usually 
heard in the office of the auditor. Formerly the auditor 
annually notified all township assessors to meet in the audi- 
tor's office to agree on a uniform rate of assessment. 7 
Formerly railroad companies annual ly fi led wi th the audi tor , 
for taxation purposes, complete inventories of assets. 7 

The auditor annually makes out, and delivers to the 
township assessors, lists of lands entered on the tax dupli- 
cates of the previous year, with notations thereon showing 
all transfers made subsequent to the duplicate and all new 
entries of land not previously entered for taxation. The 
auditor makes plats of the several townships showing owner- 
ship, improvements, and assessed valuation of the parcels 
therein. The township assessors write on such plats the 
ownership and value of each plot of ground and the improve- 
ments thereon, and the plat is kept up with all current 
transactions and transfers. 74 The auditor keeps a record 
of all lands classified by the state forester as "forest plan- 
tations" or "native forest lands" to obtain special rules or 
rates for tax assessments. 75 

For taxation purposes, the auditor keeps a transfer book, 
arranged by townships, cities, and towns, showing descrip- 
tion of all lands conveyed by deed or partition, names of 
parties, and post-office addresses of grantees. No such con- 
veyance can be recorded by the recorder until after the in- 
strument has been presented to the auditor and he has made 
an endorsement thereon that the land has been duly entered 
for taxation or is not taxable. 76 On the death of a land- 

Opinions of the Attorney General of Indiana, 1892, p. 70. 

7 ° Acts 1919, 1920 (Spec. Sess.); Burns 64-1201; Baldwin 15700, 

7 - 1 Acts 1919, 1935; Burns, 1940 suppl., 64-1321; Baldwin, 1935 suppl., 15725. State board of 
tax commissioners, tax rule 6. 

7 2 Acts 1889, ch. 108, sec. 1 (repealed by Acts 1891, ch. 99, sec. 259). 

7 3 Acts 1891, ch. 99, sec. 83. 

7 4 Acts 1840-41 (general), ch. 1, sec. 4; ch. 2, sec. 12. Acts 1841-42, ch. 60, sec. 4. Rev. 
Stat. 1843, ch. 12, sec. 27. Acts 1858 (Spec. Sess.), ch. 2, sec. 5. Acts 1891, ch. 99, sec. 93. Acts 
1919, 1937; Burns, 1940 suppl., 64-1007; Baldwin, 1937 suppl., 15672. 

7 ° Acts 1899, ch. 256. sec. 9. Acts 1921; Burns 32-304, 32-306; Baldwin 15517-4, 15517-6. 

7 6 Rev. Stat. 1843, ch. 12, sees. 23, 25, 26. Acts 1881 (Spec. Sess.), ch. 96, sec. 154. 1 
Rev. Stat. 1852; Burns 49-3214; Baldwin 5478. Acts 1919; Burns 64-1409; Baldwin 15746. 



352 TIPPECANOE COUNTY 

owner, the heir or devisee may have the auditor make an 
entry on the tax duplicate to show the change of ownership 
The auditor corrects on the tax books any errors as to de- 
scription of property and names of owners. 

Forms and instructions for taxation purpoees are pre- 
scribed by the state board of tax commissioners and delivered 
to the auditor. 7 " The auditor furnishes the townsh ip asses- 
sors with all necessary books and blanks for their use in 
making assessment of real and personal property. Assess- 

ments of omitted real estste by township assessors are filed 
with the auditor. The auditor makes assessment ol any 

newly platted land additions to any city or town. 8 

The auditor certifies as to the required number of 
signers of petitions filed by groups of taxpayers with the 
state board of tax commissioners to obtain a reassessment 
of real estate. 

Sworn statements and applications to obtain tax exemp- 
tions authorized by law (including mortgage deductions) are 
filed with the auditor, who refers them to the county board 
of review for approval. 

Annually the auditor apportions the final assessment of 
real and personal property among the several taxing units of 
the county and certifies the same to the county, townships, 



7 ? Acts 1921; Burns 64-519; Baldwin 14777, 

7 8 Acts 1919, 1925, 1927, 1935, 1937; Burns, 1940 suppl., 64-1019; Baldwin, 1937 suppl., 15685. 

7 9 Acts 1919; Burns 64-2803; Baldwin 15866. "Revised Forms," Thirty-Ninth Annual Confer: 
en.ee of the State Board of Tax Commissioners and County Assessors of Indiana. December 20, 21 , 22, 1939 
(1940), pp. 22-30, 53, 54, 102, 103, 123-139. 

8 ° Acts 1858 (Spec. Sees.), ch. 2, sec. 23. Acts 1891, ch. 99, sees. 53, 101. Acts 1903, ch. 
29, sec. 32. Acts 1899; Burns 26-543; Baldwin 5408, Acts 1895; Burns 49-1401; Baldwin, 7576. Acts 
1879 (Spec. Sess.); Burns 49-3018; Baldwin 5434. Acts 1919; Burns 61-1007, 64-1016; Baldwin 15672, 
15682. 

81 Acts 1840-41 (general), ch. 2, sec. 12. Acts 1919, 1925, 1927. 1935, 1937; Burns, 1940 
suppl., 64-1019; Baldwin, 1937 suppl., 156S5. Acts 1919; Burns 64-1025; Baldwin 15692. 

8 2 Acts 1919; Burns 64-1027; Baldwin 15691, 

83 Acts 1919, 1925, 1927, 1935, 1937; Burns, 1940 suppl., 64-1019(a); Baldwin, 1937 suppl., 
15685(a). 

8 4 Tax exemptions in general. Acts 1937; Burns, 1940 suppl., 64-213; Baldwin, 1937 
suppl., 15518-2. 

Disabled veterans. Acts 1927; Burns 64-206; Baldwin 10987. 

Mortgage deductions. Acts 1899, ch. 190. sees. 2, 3. Acts 1919, 1939; Burns, 1940 suppl., 
64-209 to 64-211; Baldwin, 1939 suppl., 15565 to 15567. "Mortgage Deductions," Thirty-Eighth Annual 
Conference of the State Board of Tax Commissioners and County Assessors of Indiana, January 9, 10, 11, 
1939 (1939), pp. 64-74. 



AUDITOR 353 

cities, and towns for the purpose of making tax levies baaed 
thereon. 85 After the county council, at its annual meeting, 
adopts a budget, establishes a tax rate, and makes tax levies 
for the succeeding calendar year, the auditor schedules the 
rates for the county and the several municipal corporations 
therein, verifies the figures and calculations, and reports 
the levies to the state board of tax commissioners. The 
decisions of the state board of tax commissioners on an ap- 
peal from the county council's action in adopting budgets 
and tax levies is certified to the auditor and he certifies 
it to the taxing units interested therein. 87 

Annually each municipal corporation of the county files 
with the auditor a statement of tax levies and rates for the 
ensuing veer, fixed by such municipal corporations, arid copies 
of the budgets on which such levies are based. 88 At the an- 
nual meeting of the county board of tax adjustment, the au- 
ditor lavs before the board these budgets, tax levies, and 
rates. 8 If the board of tax adjustment does not complete 
its duties before October 2, or fails to reduce the aggre- 
gate amount of the tax levies and rates within the statutory 
limits, the auditor calculates and fixes the rates and cer- 
tifies his action to each municipal corporation.' The de- 
cision of the state board of tax commissioners on an appeal 
from the action of the board of tax adjustment is certified 
to the auditor. 91 

The auditor certifies to the state board of tax commis- 
sioners all emergency appropriations made by the county 
council, together with tax levies based thereon. 9 

After the assessments, budgets, tax rates, and tax levies 
have been made, the auditor makes out and delivers to the 



8 5 Acts 1919, 1920 (Spec. Sess.); Burns 64-1329; Baldwin 15733. 

8 6 Acts 1889; Burns 26-516 to 26-520; Baldwin 5380 to 5384, Acts 1920 (Spec. Sess.); Burns 
64-1329; Baldwin 15733. Acts 1919; Burns 64-1330; Baldwin 15734. Acts 1919, 1920 (Spec. Sess.), 
1921, 1927, 1935; Burns, 1940 suppl., 64-1331; Baldwin, 1935 suppl., 15735. 

8 7 Acts 1919, 1920 (Spec. Sess.), 1921, 1927, 1935; Burns, 1940 suppl., 64-1331; Baldwin, 1935 
suppl., 15735. 

8 8 Acts 1933; Burns 64-302; Baldwin 15893. Acts 1937; Burns, 1940 suppl., 64-311; Baldwin, 
1937 suppl.. 15897-5. 

8 9 Acts 1937; Burns, 1940 suppl., 64-310; Baldwin, 1937 suppl., 15897-4. 

9 ° Acts 1937; Burns, 1940 suppl., 64-311, 64-314; Baldwin, 1937 suppl., 15897-5, 15897-8. 
9 X Acts 1937; Burns, 1940 suppl., 64-314; Baldwin, 1937 suppl., 15897-8. 

9 2 Acts 1919, 1920 (Spec, Sess.), 1921, 1927, 1935; Burns, 1940 suppl., 64-1331; Baldwin, 1935 
suppl., 15735. 



354 TIPPECANOE COUNTY 

treasurer a roll of taxes known and designated as the tax 
duplicate, and a complete tax abstract of all property listed 
in each township, city, and town. He keeps a copy of the 
abstract in his offic* and delivers another copy thereof to 

Q Q 

the auditor of state." Semiannually the county auditor de- 
livers to the county treasurer and to the treasurer of each 
city, town, and township in the county, a complete list of 
all persons reported as delinquent in the payment of taxes, 
as shown by the tax duplicate. 94 Formerly a separate list 
of delinquent taxes was delivered by the county auditor to 
the auditor of state, but now, and for many years lastpait, 
the only lists so delivered are those that are set forth in 
the tax abstract. 95 

The auditor annually prepares and records in a book, 
provided for that, purpose, a list of lands delinquent for 
taxes, charges the interest and penalty required by law, 
publishes and posts the list with a notice of tax sale, in- 
cludes a copy of the notice in his record, and certifies on 
his record the time and manner of such publication and 
posting." The auditor attends the treasurer's tax sales of 
delinquent lands, keeps a record of the sales, and issues 
certificates to the purchasers. 9 The auditor acts as ar- 
biter in case of partial redemption of lands from tax sale.*' 
V/hen lands are redeemed from tax sale, he issues a certifi- 
cate of redemption and keeps a record of all redemptions. 
The auditor executes all tax deeds of land, and keeps a record 



98 Acts 1840-41 (general), ch. 1, sec&. 12, 14; ch. 2, sees. 17, 22. Rev. Stat. 1843, ch. 12, 
sees. 44. 50, 51, 133. Acts 1919; Burns 64-1403, 64-1408; Baldwin 15740, 15745. Standard Oil Co. v. 
Bretz, 98 Ind. 231 (1884); Adams v. Davis. 109 Ind. 10, 9 N. E. 162 (1886); Smith v. Smith, 159 Ind. 
388, 65 N. E. 183 (1902). 

94 Rev. Stat. 1843, ch. 12, sec. 68. Acte 1911, ch. 234, sec. 1. Acts 1919; Burns 64-1505; 
Baldwin 15767. 

9 5 Rev. Stat. 1843, ch. 12, sec. 68. Information obtained from Frank G. Thompson, au- 
ditor of state, on June 29, 1939, by W. Davis Hamilton. 

95 Acts 1840-41 (general), ch. 2, sees. 26, 28-30. Acts 1879 (Spec. Sess.), ch. 96, sec. 3. 
Acts 1883. ch. 76 sec. 1. Acts 1919; Burns 64-2201; Baldwin 15806. Acts 1919, 1931, 1937; Burns, 
1940 suppl., 64-2202; Baldwin, 1937 suppl., 15807, Abbott v. Edgerton, 53 Ind. 196 (1876); Stropes 
v. Board of County Comrs., 72 Ind. 42 (1880). 

9 7 Acts 1840-41 (general), ch. 2, sees. 33, 34. Rev. Stat. 1843, ch. 12, sees. 97, 122, 123. 
1 Rev. Stat. 1852, ch. 6, sec. 177. Acts 1919; Burns 64-2209, 64-2210; Baldwin 15816, 15817. Gable 
v. Seiben, 137 Ind. 155, 36 N. E. 844 (1894). 

9 3 Acts 1919; Burns 64-2308; Baldwin 15826. 

9 9 Rev. Stat. 1843, ch. 12, sees. 97, 122, 123. Acts 1919; Burns 64-2313; Baldwin 15831. 



AUDITOR 35 5 



thereof. 100 On authorization by the beard of commission- 
ers he issues a warrant for a refund to persons paying illegal 
or erroneous taxes and also to purchasers at illegal tax 
sales. Annually a list of lands offered at tax sale 3 years 

successively, on which there was no bid equal to the amount 
of tax? s due thereon, is prepared by the treasurer, certified 

10 2 

by the auditor, and delivered to the prosecuting attorney . 

The state's share of taxes collected by the county treas- 
urer is disbursed to the proper state officers on warrants 
drawn by the auditor on the county treasury."" 

The auditor certifies to the treasurer the amount of ex- 
cise tax due from financial institutions.' For excise tax 
purposes, each financial institution delivers to toe auditor 
monthly statements showing the number of its shares, amount 
of deposits, and kindred information. 1 The auditor is au- 
thorized to examine the records of the recorder and clerk of 



i n tang 

son under o 



he circuit court to ascertain whether all persons have paid 
ible taxes; and for this purpose may interrogate any per- 
der oath and examine private records of such person. 
The excise tax on dogs and dog kennels is administered 
by the township assessors and the county auditor. 

The auditor issues licenses for peddlers, shows, thea- 
ters," ' transient merchants, and public warehouses." 1 

1 ° °Acts 1840-41 (general), ch. 2, sees. 37, 44. Acts 1919; Burns 64-2403 to 64-2409; Bald- 
win 15811, 25833 to 15838. Reid v. State ex rel. Thompson, 74 Ind, 252 (1881); Smith v. Kyler, 74 
Ind. 575 (1881); Woolen v. Rockafeller, 81 Ind. 208 (1881); Lancaster v, De Hadway, 97, Ind. 565 
(1884); Rowe v. Peabody, 102 Ind s 198, 1 N. E, 353 (1885). 

1 ° l Acts 1919; Burns 64-1407,64-2411, 64-2819; Baldwin 15744, 15840, 15881. Acts 1923; 
Burns 64-2823; Baldwin 15883, Wolfe v. State ex rel. Kennard, 90 Ind, 16 (1883). 

1 02 Acts 1881 (Spec, Sess.), ch. 96, sec. 222. Acts 1919; Burns 64-1518; Baldwin 15772. 

1 ° 3 Acts 1877, ch. 90, sec. 1. Acts 1907, 1911; Burns 61-620; Baldwin 13S24 (repealed by 
Acts 1935, ch. 70, sec. 42). Acts 1937; Bums, 1940 suppl., 61-626; Baldwin, 1937 sup?!. , 13844-47. 

104 Acts 1933; Burns 64-810; Baldwin 15591, 

1 ° 5 Acts 1933, 1935; Burns, 1940 suppl., 64-807; Baldwin. 1935 suppl,, 15588. 

106 Acts 1933; Burns 64-917; Baldwin 15915. 

1 ° 7 Acts 1897, ch, 119. Acts 1925, ch, 144 (repealed by Acts 1927, ch, 176, sec. 14). Acts 
1927, ch, 176 (repealed by Acts 1937, ch, 133, sec. 16), Acts 1923; Burns 16-301, 16=302; Baldwin 
3826, 3827. Acts 1937; Burns, 1940 suppl,, 16-317; Baldwin, 1937 suppl., 3811-1. Finerty Vl State 
ex rel. School City of Gary (1938), 213 Ind. 470, 12 N. E. (2d) 941. 

1 ° 8 1 Rev s Stat, 1852; Bums 42-204; Baldwin 10447. Acts 1917, 1837; Burns, 1940 suppl., 
42-201; Baldwin, 1937 suppl, , 10443. Acts 1901; Burns 42-502= 42-503; Baldwin 10470, 10471. Acts 
1895; Burns 42-510; Baldwin 10478. 

Acts 1901; Burns 42-402; Baldwin 10491. The auditor keeps a record of such licenses 
in a book provided for that purpose, and it is open for public inspection. Ibid. 

1 l ° Acts 1875, 1879 (Spec. Sess,); Burns 67-201; Baldwin 16206= 



356 TIPPECANOE COUNTY 

He approves and files bonds of ferrymen," and records their 

tip 
licenses. Formerly he issued licenses for the sale of 

liquor 118 and foreign merchandise 114 as directed by the board 

of commissioners, and filed remonstrances against issuance 

of saloon licenses by the board of commissioners. ls 

The auditor prepares the di tch dupl i ca te show ing spec ial 
assessments against lands for construction or repair of ditches 
and drains. 116 Assessments for flood gates 117 and for the 
cutting or eradicating of Canada thistles 118 are placed on 
the tax duplicate by him. Formerly petitions for drainage 
and levee improvements were filed with the auditor and he 
gave notice to viewers and kept a record of all proceedings 
concerning such improvements. 

The board doing county business has always had power 
to establish, construct, repair, and vacate county roads. 12 



111 Acts 1817-18 (general), ch. 45, sec. 8. Rev. L. 1824, ch. 42, sec. 8, Rev. L. 1831, 
ch. 38, sec. 5. Acts 1881 (Spec. Sess.); Burns 36-2504; Baldwin 7679. 1 Rev. Stat. 1852, Acts 1855; 
Baldwin 7697. 
Acts 1881 (Spec. Sess.); Burns 36-2610; Baldwin 7700. 



Burns 36-2607; Baldwin 7697. 
1 1 2 



118 Acts 1817-18 (general), ch. 47, sees. 2, 3. Acts 1820-21, ch. 36, sees. 1. 2. Rev. L. 
1824, ch. 107, sees. 1, 3. Acts 1853, ch. 66, sec. 3 (repealed by Acts 1855, ch. 106, sees. 1, 2). Acts 
1855, ch. 105, sec. 4 (repealed by Acts 1858 (Spec. Sess.), ch. 15). Acts 1873, ch. 59, sec, 2. Padgett 
v. State, 93 Ind. 396 (1884). 

1 1 4 Acts 1816-17, ch. 17, sec. 4. Acts 1817-18 (general), ch. 44, sec. 4. Rev. L. 1824, ch. 
23, sec. 3. Rev. L. 1831, ch. 21, sec. 7. Rev. Stat. 1838, ch. 22, sec. 7 ct seq. Rev. Stat. 1843, ch. 
12, sec. 165 et seq. 

115 Acts 1905, ch. 6, sec. 1. 

116 Acts 1881 (Spec. Sess.), ch. 43, sec, 5 (repealed by Acts 1885 (Spec, Sess.), ch. 40, 
sec. 13). Acts 1933; Burns 27-134; Baldwin 5770. Storms v. Stevens, 104 Ind. 46, 3 N, E. 401 (1885); 
Lockwood v. Ferguson, 105 Ind. 380, 5 N. E. 3 (1886); Board of County Comrs. v. Fahlor, 114 Ind. 
176, 15 N. E. 830 (1888). 

117 Acts 1903; Burns 27-703; Baldwin 5841. 

113 Acts 1929, 1937; Burns, 1940 suppl., 15-904; Baldwin, 1937 suppl., 3719. 

119 Acts 1881 (Spec. Sess.), ch. 44, sec. 2 (repealed by Acts 1885 (Spec. Sess.), ch. 40, sec. 
13). Acts 1891, ch. 196, sees. 2, 24. Acts 1897, ch. 138, sees. 1, 4. Simonton v. Hays, 88 Ind. 70 
(1882); Vizzard v. Taylor, 97 Ind. 90 (1884); White v. Fleming, 114 Ind. 560, 16 N. E. 487 (1888); 
Cooper v. Ray, 148 Ind. 328, 47 N. E. 668 (1897). 

120 Acts 1807, ch. 44, sees. 1-24. Acts 1811, ch. 29, sees. 1, 2. Acts 1815, ch. 5, sees, 1- 
20. Acts 1816-17, ch. 8, sees. 1, 4-8, 10, 11, 15, 22. Acts 1817-18 (general), ch. 43, sees. 1, 23. Acts 
1818-19, ch. 11, sees. 2, 7, 11, 12. Acts 1819-20, ch. 55, sees. 31, 33. Rev. L. 1824, ch. 87, sees. 1, 
4-7, 9, 12, 15, 24, 25. Rev. L. 1831, ch. 20, sec, 22; ch. 82, sees. 1, 4, 6, 12, 14, 23, 47. 1 Rev. Stat. 
1852, ch. 48. Acts 1881 (Spec. Sess.), chs. 61-64. Acts 1905, 1907; Burns 36-201 et scq.; Baldwin 
8756 et .scq. Acts 1919; Burns 36-301 et scq.; Baldwin 8859 et seq. Acts 1907; Burns 36-401 et seq.: 
Baldwin 8992 ct scq. Acts 1919; Burns 36-501 ct seq.; Baldwin 8879 et scq. Acts 1933; Burns 36-1101 
et seq.; Baldwin 8699 ct seq. 



AUDITOR 357 

The auditor, being clerk of said board, has, accordingly, 
kept a record of road proceedings. Road petitions are 

filed with the auditor for presentment to the board of com- 
missioners, 122 When road viewers are appointed by the board, 
the auditor notifies the viewers and the county surveyor of 
their appointment and the time and place for their meeting. 
Reports of road viewers are filed with the auditor and he 
enters road assessments on the taxduplicate or special assess- 
ment roll. The county highway supervisor files with 
the auditor requisitions for all tools, implements, supplies, 
materials, and equipment needed for county roads. 25 For- 
merly the auditor annually delivered to the road supervisor 
a list of landowners of the county 3 and annua 1 ly de 1 ivered 
to each township trustee a list of all road taxes assessed 
against each individual in the township, 1 7 

Certified copies of the official oaths of all officers 
appointed by the board of commissioners, together with cer- 
tified copies of oaths of such township officers (except 
justices of the peace and constables) as required by the board* 
are filed with the auditor. 120 When a bond is required of 
any such officer, it also is filed wi th the audi tor • 1 29 The 
board of commissioners meets in the office of the auditor, 
at any time without notice or precept, for the purpose of 
approving official bonds which are required to be approved 
by the board. ° The official bond of the county assessor 
is approved by and filed with the auditor; and the assessor's 
official oath is administered by the auditor and endorsed on 



121 Acts 1921; Burns 36-1451; Baldwin 8954. Acts 1905; Burns 36-1222; Baldwin 8823. 
1 22 Acts 1919, 1921; Burns 36-304; Baldwin 8862. 

128 Acts 1895, ch. 11, sec. 1. Acts 1905. 1907; Burns 36-1301; Baldwin 8787. Turpin v. 
Eagle Creek & L. W. L. G. R. Co., 48 Ind. 45 (1874). 

124 Acts 1869 (Spec. Sess.),ch. 35, sec. 3 (repealed by Acts 1929, ch. 215, sec. 73). Acts 
1877, ch. 46, sec. 3. Acts 1905, 1907; Burns 36-1301, 36-1305; Baldwin 8787, 8791. Acts 1921; Burns 
36-1412; Baldwin 8015. Florer v. McAfee. 135 Ind. 540. 35 N. E. 277 (1893); Smyth v.. State ex rel 
Braun, 158 Ind. 332, 62 N. E. 449 (1902). 

125 Acts 1935; Burns, 1940 suppl., 36-1114; Baldwin, 1935 suppl., 8703-1. 

126 Rev. Stat. 1843, ch. 16, sec, 105. 

127 Acts 1883, ch. 56, sec. 20. 

128 Rev. Stat. 1843, ch. 4, sec. 84. 1 Rev. Stat, 1852; Burns 49-104; Baldwin 13057. 

129 Rev. Stat. 1843. ch. 4, sees. 88, 89. 1 Rev. Stat. 1852; Burns 49-104. 49-105; Baldwin 



13057, 13063. 



Bond of township trustee. Opinions of the Attorney General of Indiana, 1939, pp. 7, 8. 
130 Acts 1851-52; Burns 49-123; Baldwin 13093. 



358 TIPPECANOE COUNTY 

said bond. - ' The official bond o<f each township trmst'ee 
is approved by the auditor. 132 

The auditor is clerk of the board of commissioners, 13 ^ 
the county council, and the county board of tax adjust- 
ment; ' ' and he is secretary of the board of finance. 1 '"' 6 
He is also a member and secretary of the county board of 
review, ' ' and a member of the count y school fund board. 
From 1841 to 1890 he was a member of the boards performing 
duties analogous to those of the present county board of re- 
view. ' ' Formerly the auditor was a member of the election 
board under the local option liquor laws, was a m.ember 
of the district board of equalization, and was clerk of 
the old-age pension board. 42 The auditor keeps a record 
of all the boards of which he is clerk or secretary. 

When the county borrows money, the bonds or notes are 
executed by the county commissioners and are attested, ad- 
vertised, and sold by the auditor. Printed copies of the 
ordinance authorizing the bond issue, together with specifi- 
cations describing the bonds, are kept on file in the audi- 
tor's office, open to public inspection. "* If the amount 



1 S l Acts 1919, 1921; Burns 64-1101; Baldwin 15696. 

132 Acts 1859, 1889; Burns 65-102; Baldwin 16060. Acts 1915; Bums 65-103; Baldwin 16061. 
Copeland v. State e* rcl. Davis, 126 Ind. 51, 25 N. E. 866 (1890). 

133 Acts 1840-41 (general), ch. 2, sees. 8, 54. Rev. Stat. 1843, ch. 7, sees. 5, 16, 17, 53. 
Acts 1855, ch. 37, sec. 1, 1 Rev. Stat. 1852; Burns 26-611, 26-621, 49-3004; Baldwin 5226. 5238, 5418. 

134 Acts 1899; Burns 26-5G9; Baldwin 5373. 

1 5 Acts 1932 (Spec. Sess.), ch. 10, sec. 4. Acts 1933. ch. 237, sec. 4. Acts 1937; Bums, 
1940 suppl.. 64-310; Baldwin, 1937 suppl., 15897-4. 

136 Acts 1937; Burns, 1940 suppl., 61-629; Baldwin, 1937 suppl., 13844-50. 

1 S 7 Acts 1891, ch. 99, sees. 114, 116. Acts 1919, 1920 (Spec. Sess.); Burns 64-1201; Bald- 
win 15700. 

138 Acts 1865, 1935; Bums, 1940 suppl., 28-209; Baldwin, 1935 suppl., 6558. 

139 Acts 1838-39 (general), ch. 14, sees. 14, 15. Acts 1840-41 (general), ch. 1, sees. 13, 
18. 1 Rev. Stat. 1852, ch. 6, sec. 91; ch. 35, sec. 2. Acts 1872 (Spec. Sess.), ch. 37, sees. 150. 277, 
278. Acts 1877, ch. 89, sec. 1. Acts 1881 (Spec. Sess.), ch. 96, sec. 129. 

140 Acts 1908 (Spec. Sess.), ch. 2, sec. 5. Acts 1911, ch . 7 . sec. 5. Kunklo. v. Coleman, 
174 Ind. 315, 92 N. E. 61 (1910). 

1 1 Rev. Stat. 1852, ch. 35, sees. 5-7 This beard was abolished by Acts 1872 (Spec. 

" Acts 1933, ch. 36, sees. 2, 9, 12 (all repealed by Acts 1936 (Spec. Sess.), ch. 3, sec. 
Acts 1899, 1921; Burns 26-540; Baldwin 5405. 



Sess.), ch. 37, 

1 4 

129). 

1 43 



AUDITOR 359 

of a bond issue exceeds $5,000, and if 10 taxpayers file 
objections with the auditor, the objections will be certified 
by the auditor to the state board of tax commissioners for 
hearing and disposition. Contracts f or extens i on o f time 
for payment of county or township bonds by issuance of "re- 
demption bonds" are executed by the county commissioners 
and attested by the auditor, and one executed copy is kept 
by the auditor; and the auditor keeps a record of redemption 
bonds issued in pursuance of such contract. 45 

The auditor examines and settles all accounts and de- 
mands chargeable against the county which no law requires to 
be settled acd allowed by some other tribunal or parson. 

Claims against the county (for consideration by the 
board, of commissioners) are filed with the auditor and pre- 
sented by him to the board of commissioners. 1 He makes 
certificates showing quality and price in compliance with 
the contracts. ^ He publishes all such claims and allow- 
ances thereon a a d also all allowances against the county made 
by courts,,' 49 On appeals from decisions of the board of 
commissioners, the auditor approves the appeal bond, prepares 
the transcript of proceedings, and transmits the bond, tran- 
script, and all documents to the reviewing court, 150 

Scalps of woodchucks, wolves, and foxes; heads of owls, 
hawks, and crows; and eggs of crows are presented to the 
auditor with the statutory affidavits for the purpose of ob- 
taining bounties thereon, 

Specifications, bids, and contracts for materials and 
supplies required for county officials for the ensuing year 
are placed on file and kept in the auditor's office where 
they are open to public inspection, 152 



144 Acts 1919, 1920 (Spec. Sess.), 1921, 1923; Burns 64-1332; Baldwin 15736. 

145 Acts 1933; Burns 26-1015 to 26-1017; Baldwin 5353 to 5355. 

146 Rev. Stat. 1843, c h. 7, sec. 56. 1 Rev. Stat. 1852; Burns 49-3C05; Baldwin 5419. 

147 Acts 1879 (Spec. Sess.); Burns 26-805; no Baldwin. 

148 Acts 1899; Burns 26-538; Baldwin 5403. 

149 Acts 1875, ch. 18, sec. 1. Acts 1899; Burns 26-816; Baldwin 5268. Acts 1931; Burns 
26-817 to 26-819; Baldwin 5269 to 5271. Cheney v. State ex rel. Risk, 165 Ind. 121, 74 N. E. 892 (1905). 

1 5 ° 1 Rev. Stat. 1852; Burns 26-902, 26-903; Baldwin 5278, 5279. Scotten v. Divelbiss, 46 
Ind. 301 (1874); Shirk v. Moore, 96 Ind. 199 (1884); Strebin v. Lavengood, 163 Ind, 478, 71 N. E. 
494 (1904); Smith v. Gustin, 169 'ind. 42, 81 N. E. 722 (1907), 

1 5 l Acts 1875; Burns 26-1101; Baldwin 5288. Acts 1883; Burns 26-1102; Baldwin 5289. Acts 
1911; Burns 26-1103; Baldwin 3802. 

152 Acts R99, 1S03, 1933; Burns 26-536; Baldwin 5401, 



360 TIPPECANOE COUNTY 

When an election is held to change the boundaries of 
counties, the clerk of the circuit court of each of the af- 
fected counties makes out certified copies of the election 
returns and files them in the office of the auditor of each 
of such counties. The auditor and board of commissioners 
in each county then examines the returns, and if the proposed 
change of boundaries was carried at the election, the auditor 
enters an order to that effect in the order book of the board 
of commissioners. ° The auditor makes a certificate of tax 
levies for the purpose of raising funds from the detached 
territory to pay the debts of the county from which it was 
detached. 154 

The township trustees quadrennially meet in the office 
of the auditor for the purpose of electing a county superin- 
tendent of schools. After notice is given by the auditor, 
the trustees meet there at any time to fill a vacancy in 
such office. The auditor is clerk of the election and keeps 
a record thereof. In case of a tie vote the auditor casts 
the deciding vote. The person elected files his oath of 
office and official bond with the auditor, who approves the 
bond. The auditor reports the election to the state super- 
intendent of public instruction, 155 

The auditor of state prepares maps or plats of the lands 
belonging to the state and located in the county, known as 
the swamplands, indemnity lands, saline lands, and the lands 
escheated or forfeited to the state, and delivers them to the 
county auditor, who causes an appraisal thereof, registers 
the lands i n a book kept for that purpose, and records the 
sales of such lands. 56 

The auditor must preserve the documents, books, papers, 
and maps deposited in his office. If any map or plat in 



158 Acts 1875; Burns 26-201; Baldwin 5032. 

154 Acts 1875; Burns 25-204, 26-205; Baldwin 5035, 5036. 

1 5 5 Acts 1873, ch, 25, sees. 2. Acts 1399, 1911, 1913; Burns 28-702; Baldwin 5931. State 
ex rel. Nebecker v. Sutton, 99 Ind. 300 (1884); State ex rel. Laughlin v. Porter, 113 Ind. 79, 14 N. 
E. 883 (1888); State ex rel. Williams v. Edwards, 114 Ind. 581, 16 N. E. 627 (188S); State ex rel. 
Drumtnond v. Dillon, 125 Ind. 65, 25 N. E. 136 (1890); State ex rel. Morris v. McFarland, 149 Ind. 
266, 49 N. E. 5 (1898). 

156 Acts 1825, ch. 47, sec. 2. Rev. L. 1831, ch. 11, sec. 6. Fev. L. 1S38, ch. 10, sees. 6, 
7. 1 Rev. Stat. 1852, ch. 104, sec. 13. Acts 1855, ch. 85, sees. 1, 4. Acts 1883, ch. 124. sec. 2. 
Acts 1889; Burn? 62-205 to 62-209; Baldwin 15272 to 15275. 

5 7 Acts 1840-41 (general), ch. 2, sees. 8, 54, Rev. Stat. 1843, ch. 7, sees. 5, 16, 17, 53; 
ch. 15, sec. 34. Acts 1883, ch. 56, sec. 1. Acts 1891, ch. 99, sees. 114, 116. 1 Rev. Stat. 1852; 
Burns 26 611, 26-621, 49-3004; Baldwin 5226. 5238, 5418. Acts 1899; Burns 26-509; Baldwin 5373. Acts 
1919, 1920 (Spec. Sess.); Burns 64-1201; Baldwin 15700. 



AUDITOR 361 

his office becomes worn or defaced, he makes a new copy 
thereof. He takes copies of any maps or plats in the record- 
er's office that may be necessary for the discharge of the 
auditor's official duties. 58 

Under former laws the auditor prepared blank forms of 
pollbookg and election returns, and delivered them to the 
inspectors of the election precincts; ' delivered election 
supplies to the- registration inspector of each precinct; 160 
kept the completed registration hooks and forms in his of- 
fice, open to public inspection; 161 ' filed in his office pe- 
titions for elections under the local option liquor laws] 
and delivered to the clerk of the circuit court the various 
papers involved in election contests heard by the board of 
commissioners, together with a transcript of the proceedings 
of the board- 163 

Each township assessor annually prepares lists of ail 
perions in his township who are deaf- dumb blind, idiotic, 
or insane, and delivers the lists to the auditor, who reports 
them to the state department of public welfare. 164 

Formerly the township assessors were required to enumer- 
ate the families of soldiers, seamen, and marines in active 
service, and of those who died or were disabled in active 
service, and deliver the lists to the auditor. The town- 
ship trustees formerly made enumerations of children between 
the ages of 5 and 21 years and delivered the returns to the 
auditor, who delivered them to the state superintendent of 
public instruction, 166 

Once every 8 years the township trustees and their as- 
sistants enumerate all white male inhabitants of the state 

1 5 8 1 Rev. Stat. 1852; Burns 49-3232; Baldwin 5432, 

1 5 9 Acts 1881 (Spec. Sees.), ch. 47, sec, 13. 

1 6 ° Acts 1911, ch, 150, sec. 5 (repealed by Acts 1913, ch, 185, sec. 25). 

1 6 l Acts 1911, ch. 150, sec. 13 (repealed by Acts 1913, ch. 185, sec. 25). 

1 6 2 Acts 1903 (Spec. Sees.), ch, 2, sec. 1. Acts 1911, ch. 7, sec. 5. 

163 Acts 1816-17, ch. 9, sec, 22. Rev. L. 1831, ch, 33, sees, 8, 9. Rev, Stat. 1843, ch, 
5, sec. 103, 

1 6 4 Acts 1349-50 (general), ch. 17, sec, 4. Acts 1859, ch, 7, sees, 1, 2. Acts 1891, ch. 
99, sec. 54, Acts 1919; Burns 64-607; Baldwin 15575. 

The foregoing laws require the report to be made to the state board of charities. In 1936 
the duties of that board were transferred to the state department of public welfare. Acts 1S36 
(Spec. Sess,), ch. 3, gee, 11. 

165 Acts 1865, ch. 40, sees, 2, 3, 5, Acts 1923, ch, 4, sec. 1. 

166 Rev. Stat. 1843, ch. 15, sec. 25. Acts 1846-47 (general), ch. 94, sec. 2, Acts 1855 
ch. 86, sec. 26. 



362 TIPPECANOE COUNTY 

over 21 years old. Books and blanks, together with copies 

of the law requiring such enumerations., are furnished to the 
township trustees by the auditor. 16 The trustees 1 returns 
are filed in the office of the auditor. 09 The auditor 
examines the returns and corrects (by orders recorded in a 
separate book) any errors, mistakes, or omissions discovered. 
For this purpose he may subpoena and question wi tuesses. ' 70 
The auditor then certifies the corrected enumerations to the 
auditor of state. 17 Likewise there is an enumeration of 
colored male inhabitants. Separate lists are made; one is 
designated "white male inhabitants" and the other "colored 
male inhabitants." 17 

If on account of death, sickness, or other casualty the 
judge of the circuit court fails for 3 consecutive days to 
attend court during terrntime, the auditor, sheriff, and clerk 
of the circuit, court, acting together, may appoint a tempo- 
rary judge to serve until the return of the regular judge or 
until his successor is named,* 70 

Petitions for condemnation of schoolhouses, as unfit for 
use for school purposes, are filed with the auditor. The 
auditor mails and publishes notices of hearings, and calls 
special joint sessions of the board of commissioners and 
county council to hold hearings on such petitions. 1 '' 

Formerly petitions to have the surveyor removed from 
office were filed with the auditor for presentment to the 
board of commissioners.* Vacancies in the former office 

of real estate appraiser were filled through appointment by 
the auditor. 176 

Articles of incorporation of humane societies are filed 



167 Const. 1816, art. 3, sec. 2. Consl. 1351, art. 4, sec. 4. Acts 1853, ch. 41, sees. 1, 2. 
Acts 1865 (Spec. Sess.); Bums 65-601 to 65-605; Baldwin 7490 to 7494. 

1 6 S Acts 1844-45 (general), ch. 29, sec, 2. Acts 1853, ch. 41, sec. 2. Acts 1865 (Spec. 
Sess.); Burns 65-614; Baldwin 7503. 

169 Acts 1844-45 (general), ch. 29, sec. 3. Acts 1865 (Spec. Sess.); Burns 65-603; Bald- 
win 7492. 

x 7 ° Acts 1865 (Spec. Sess.); Bums 65-610; Baldwin 7499. 

171 Acts 1844-45 (general), ch. 29, sec. 5. Acts 1853, ch. 41, sec. 3. Acts 1855 (Spec. 
Sess.); Burns 65-611; Baldwin 75C0. 

172 Acts 1877; Burns 65-619, C5-620; Baldwin 7509, 7510. 

1 7 S 2 Rev. Stat. 1852, pt. 1, ch. 4, sees. 4, 17. Acts 1881 (Spec. Sess.); Burns 4-3103; 



Baldwin 1261 

17 4 



Acts 1931; Burns 28-3002 to 28-3001; Baldwin 6144 to 6146. 
1 7 5 Rev. Stat. 1843, ch. 10, sec. 4. 
1 7 6 Acts 1858 (Spec. Sess.), ch. 2, sec. 1. 



AUDITOR 363 

with the auditor and form the basis for the distribution of 
humane funds on warrants drawn by him. 77 

Formerly every fire insurance company doing business in 
Indiana, not organized under Indiana laws, was required to 
make semiannual reports to the auditor showing premiums 
received by the company for fire insurance on property in 
the county and showing all losses paid by the company for 
the last semiannual period. ?8 Formerly financial state- 
ments of banks were filed with the auditor, 

Formerly the auditor, as clerk of the bo^rd of commis- 
sioners, issued old-age pension certificates to applicants 
approved by the board, and delivered duplicates thereof to 
the auditor of state. 180 

Copies of reports to the state board of accounts by its 
field examiners showing the results of their examinations 
of county offices are filed with the auditor. 

The auditor furnishes all county officials with books, 
stationery, and blanks required in doing the public business 
pertaining to the auditor's office, 182 

The auditor, as relator, may sue, in the name of the 
state, to recover money owing to the county; 8c and the au- 
ditor may compromise the suits brought by him and reeeive 
the money agreed to be paid. 

The auditor and his deputies can administer all oaths 
necessary in the performance of their duties. 8 ° 

Forms of various books, blanks, documents, and reports 
have been prescribed for county auditors by the state board 



177 Acts 1913; Burns 9-2504, 9-2505; Baldwin 3805, 3806. 

1 7 Q 

Acts 1891, ch. 192, sec. 1. On June 10, 1893 this act was held unconstitutional. Hen- 
derson v. London & Lancashire Ins, Co., 135 Ind. 23, 34 N. E, 565 (1893). 

179 Acts 1905, ch. 56, sec. 2 (repealed by Acts 1907, ch. 281, sec. 6). 

1 8 ° Acts 1933, ch. 36, sec. 12 (repealed by Acts 1936 (Spec. Sess.), ch. 3, sec. 129). 

1 8 1 Acts 1909; Burns 60-211; Baldwin 13862. 

182 Acts 1879 (Spec.Sess.); Burns 49-3018; Baldwin 5434. 

1 8 8 1 Rev. Stat. 1852; Burns 49-3017; Baldwin 5431. Rogers v. Gibson, 15 Ind. 218 (1860); 
Scotten v. State ex rel. Simcnton, 51 Ind. 52 (1875); Yater v. State ex rel. Board of County Comrs., 
58 Ind. 299 (1877); Hostetler v. State ex rel. Dean, 62 Ind. 183 (1878); Vanarsdall v. State e.x rel. 
Watson, 65 Ind. 176 (1879); Gauntt v. State ex rel. Stout, 81 Ind. 137 (1881); Heagy v. State ex rel. 
Forkner, 85 Ind. 260 (1882); Demarest v. Holdeman, 157 Ind. 467, 62 N. E. 17 (190!). 

184 Cabel v, McCafferty, 53 Ind. 75 (1876); Vigo Twp. v. Board cf County Comrs., Ill 
Ind. 170, 12 N. E. 305 (1887). 

1 8 5 1 Rev. Stat. 1852; Burns 49-3013; Baldwin 5427. 



364 TIPPECANOE COUNTY (321-322) 

of accounts, 18 ' which was created in 1909. l87 Nearly all 
of these forms wers prescribed in 1910 and 1911, though some 
changes have been made since then. Most of the books and 
records required by the state board of account? were specif- 
ically required by statute; but the board, under its broad 
statutory powers, has in some instances required books and 
records, such as the auditor's monthly balance record, not 
specifically required by statute. The auditor is not re- 
quired to keep as many separate records now as he did before 
1924, since the state board consolidated many of his records 
that year. l88 

The auditor must k^ep all books and records in a fire- 
proof building when available. 189 

RECEIPTS AND DISBURSEMENTS 
(See also entries 286-802) 

GENERAL FUNDS 

321. Monthly balance Record, 1912- . 3 vols. 

Record of monthly balances of county funds, showing date of 
balance, amounts of receipts and disbursements, name and 
number of fund, and previous and current balance or over- 
draft in each fund. Arr. chron. by dates of balances. No 
index. Hdw. 144 pp. 20 x 15 x 1. 1 vol., 1912-24, attic 
stor. rm.; 2 vols., 192 5—. and. off. 

322. FEE AND CASH BOOK, 1861-Mar. 1865, 1910—. 5 vols. 
Title varies: Register of Fees, 1861-Mar. 1865, 
1 vol. 

Record of fees collected, showing date, nature, and amount 
of collection; name of payer; total receipts; and date of 
payment to treasurer. Arr. chron. by dates of collections. 
No index. Hdw. 642 pp. 18 x 12 x 3. 3 vols., 1861-Mar. 
1865, 1910-June 1926, attic stor. rm.; 1 vol., July 1926-35, 
aud . rec. rm.; 1 vol., 1936—, aud. off. 



186 Acts 1909; Burns 60-202; Baldwin 13855. Information obtained from E. P, Brennan, 
state examiner, on May 18, 1939, by W. Davis Hamilton. 

187 Acts 1909; Burns 60-202; Baldwin 13855. 

I p o 

Hid. Information obtained from E. P. Brennan, state examiner, on May 18, 1939, 

Hamilton. 

Rev. Stat. 1843, ch. 7, sec. 22. 1 Rev. Stat. 1852; Burns 26-624, 49-3C04; Baldwin 5240, 



by W. Davis Hamilton 

1 8 9 



5418. 



(323-327) AUDITOR 365 

323. [Receipts] APPROPRIATION AND DISBURSEMENT LEDGER, 
1871-1911, 1925—. 18vols. Title varies: County 

Revenue Ledger, 1871-1911, 2 vols. 
Record of receipts and disbursements, showing dates, numbers, 
and amounts of receipts and warrants; and names of payer, 
payee, and fund. Also contains: Register of Receipts, 1 925— , 
entry 324; Ledger of Appropriation and Expendi tures , 1 925-, 
entry 325; Appropri ati ons Ledger , 192 5— , entry 326; and School 
Fund Ledger, 1903-11, 1925—, entry 345. Arr. by names of 
funds, thereunder chron. by dates of receipts and disburse- 
ments. No index. Hdw. 400 pp. 18x12x3. 1 vol., 1871- 
Mar. 1880. attic stor. rm.; 14 vols., Apr. 1880-1911, 1925- 
37, aud. rec. rm.; 3 vols., 1 938—, aud. off. 

324. REGISTER OF RECEIPTS, 1841-1911, 1917-24. 9 vols. 
1925— in [Receipts] Appropr ia t i on and Di sbursement 
Ledger, entry 323. 

Records of receipts, showing date, number, and amount of 
receipt; and names of payer and fund. Arr. chron. by dates 
of receipts. No index. Hdw. 360 pp. 18 x 20 x 2%. Attic 
stor. rm. 

325. LEDGER OF APPROPRIATIONS AND EXPENDITURES, Dec. 1864- 
May 1884, Apr. 1908-1924. 11 vols. (2-4, 4, 5; 5 
vols . unlabeled) . Title varies: Record of Expend- 
itures, Dec. 1864-May 1884, Apr. 1908-11, 6 vols. 
1925— in [Receipts] Appropr ia t ion and Di sbursement 
Ledger, entry 323. 

Record of appropriation and disbursements, showing date and 
amount of appropriation; date , number , and amount of war ran t ; 
names of payee and fund; and balance in each fund. Arr. 
chron. by dates of warrants. No index. Hdw. 400 pp. 18 x 
14x3. Atti c stor . rm. 

326. APPROPRIATION LEDGER, 1900-1924. 15 vols. 1925- 
in [Receipts] Appropr iation and Disbursement Led- 
ger, entry 323. 

Record of appropriations for county expenditures and disburse- 
ments therefrom, showing amount of appropriation; date, 
amount, and number of warrant; and names of payee and fund. 
Arr. chron. by dates of warrants. No index. Hdw. 400 pp. 
18 x 12 x 3. Attic stor. rm. 

327. WARRANTS, 192 5~. 54vols. Titlevaries: Register 
of Warrants, 1931. 4 vols. 

Carbon copies of warrants drawn for disbursements of county 
funds, showing date, nature, number, and amount of warrant; 
appropriation number; and names of payee, depository, and 



306 TIPPECANOE COUNTY (328-331) 

fund. Arr. num. by warrant nos. No index. Typed. 500 pp. 
13 x 12 x 3. 8 vols., 1925-28, attic stor. rra.; 39 vols., 
1929-38, aud. rec s rm.; 7 vols., 1939—, aud. off. 

For prior records, see entry 332. 

32 8. County Welfare Warrants , M a r . 17,1934-. 14 vols. 
(dated). 
Copies of warrants issued to recipients of public welfare 
assistance, showing date, nature, number, and amount of 
warrant; appropriation cumber; and name of payee. Arr. 
num. by warrant nos. No index. Hdw. 300 pp. 18 x 12 x 
\y 2 . 8 vols., Mar. 17, 1934-1938, aud. rec rm.; 6 vols., 
1939-, aud. off. 

For other old=age assistance records, see entries 92, 
93, 329, 330, 428-432. 

329. OLD-AGE PENSION FUND, 1935~. 1 vol. 
Register of warrants issued to recipient? of public welfare 
assistance, showing appropriation, application code, serial, 
and warrant numbers; date and amount of warrant; names of 
payee, fund, and depository; and total amount of warrants. 
Arr. num. by warrant nos. Typed. 500 pp. 18 x 12 x 3. 
Aud. off. 

For other old-age assistance records, see entries 92, 
93, 328, 330, 428-432. 

3 30. CANCELLED WELFARE WARRANTS, 1937- . 24 f. d., 8 

cartons. 
Canceled warrants issued to recipients of public welfare 
assistance, showing date, nature, number, and amount of 
warrant; appropriation number; and names of payee, deposi- 
tory, and fund. Arr. num. by warrant nos. No index. Hdw. 
F. d.. 3 x 8 x 24; cartons, 4 x 9 x 15. Aud. rec. rm. 

For other old-age assists nee records, see entries 92, 
93, 328, 329, 428-432. 

331. COURT ALLOWANCE, INSANITY AND MISCELLANEOUS PAPERS, 
1868-May 28, 1878, 1886-1909. 6vols. (1-3; 1 vol. 
unlabeled; 5, 6). 1826-67, June 1878-85, 1910 in 
Commissioners' Docket, entry 2; 1911— in Claim 
and Allowance Record, entry 8. 
Pvecord of disbursements for court allowances, showing date, 
nature, number, end amount of warrant; and name of payee. 
Arr. chron. by dates of warrants. Indexed alph. by names 
of claimants, 1868-May 28, 1878, 1886-Sept. 1898; no index, 
Oct. 1898-1909. Hdw. 578 pp. 16 x 12 x 3. 4 vols., 1868- 
May 28, 1878, 1886-Sept. 1898, attic stor. rm.; 2 vols., Oct. 
1898-1909, aud. rec. rm. 



(332-336) AUDITOR 367 

332. REGISTER OF WARRANTS, 1827-1924. 28 vols (1-16; 
1 vol. unlabeled; 17, 1-10). Title varies: Regis- 
ter of County Orders Paid and Redeemed, 1827-Aug. 
28, 1886, 10 vols.; Register of County Orders, 
Aug. 29, 1886-1910, 8 vols. 

Record of warrants drawn for disbursements of county funds, 
showing date, nature, number, and amount of warrant; names 
of payee and fund; and payee's receipt for warrant. Also 
contains: Receipts for County Orders, 1912-2 4, entry 335; 
and Register of Free Gravel Road Orders, 1912-24, entry 336. 
Arr, num. by warrant nos. No index. Hdw. 500 pp. 18 x 12 x 
3. 26 vols., 1827-1914, 1918=24, attic stor. rm.; 2 vols., 
1915-17, aud. rec . rm. 

For subsequent records, see entry 327. 

333. REGISTER OF COUNTY ORDERS, July 7, 18 41 -July 28, 
1853, June 10, 1864-June 11, 1866, June 1884-May 
1889, 4 vols. 

Old volumes of register of county orders issued that have 
been transcribed into new volumes, showing information as 
in" entry 334. Arr. chron. by dates of orders. No index. 
Hdw. 479 pp. 16 x 12 x 3. 3 vols., July 7, 1841-July 28, 
1853, June 1884-May 1889, aud. rec. rm,; 1 vol., June 10, 
1864-June 11, 1866, attic stor. rm. 

334. COUNTY ORDERS, 1841=83, Oct. 4, 1884-88, 1896-99, 
July 6, 1906-7. 10 vols. 

Stubs of orders issued for disbursements of county funds, 
showing date, number, nature, and amount of order; and names 
of payee and fund. Arr. num. by order nos. No index. Hdw. 
400 pp. 18 x 12 x 2. 6 vols., 1841-83, June 1885-88, aud. 
rec. rm.; 4 vols., Oct. 4, 1884-May 1885, 1896-39, July 6, 
1906-7, attic stor. rm . 

33 5. RECEIPTS FOR COUNTY ORDERS, 1890 = 1911. 3 vols. 
1912=24 in Register of warrants, entry 332. 
Record of receipts from payees of county warrants, showing 
date, number, and amount of warrant; names of p&yee and fund; 
and payee's receipt for warrant. Arr. num. by warrant nos. 
No index. Hdw. 50 pp. 18 x 12 x 2^. Attic stor. rm. 

33 6. REGISTER OF FREE GRAVEL ROAD ORDERS, 1882-83, 1888- 
93, 1899-1911. 5 vols. 1912-24 in Register of 
Warrants, entry 832. 
Register of orders drawn for disbursement of gravel road 
funds, showing date, number, and amount of order; and names 
of payee and road. Arr. cbron, by dates of orders. No index, 
Hdw. 300 pp. 16 x 12 x iy 2 . 1 vol., 1882-83, aud. rec. rm.; 
4 vols. ,1888=93, 1899-1911, attic stor. rm. 



368 TIPPECANOE COUNTY (337-342) 

33 7. RECEIPTS FOR FREE GRAVEL ROAD, 1899-1911. 1 vol. 
Re*cord of receipts and expenditures for free gravel road con- 
struction and repairs, showing date, number, amount, and 
purpose of order or receipt; viewer's estimate of cost; date 
and amount of bond issue; and total amounts of interest and 
receipts. Arr . chron. by dates of receipts. No index. Hdw, 
365 pp. 16 x 16 x 3. Attic s t o r . rm . 

388, REGISTER OF ROAD RECEIPTS DRAWN BY TOWNSHIP TRUSTEE, 
1341-86, 5 vols. (1-5) . 
Register of receipts issued by road supervisor s t o tax p a y e r s 
for work perfor m e d or. r o a d s in lieu of road taxes and tendered 
to treasurer for tax payments, showing names of taxpayer and 
trustee; date, purpose,, and amount of receipt; and file box 
reference to [Audi tor's Miscel laneous Papers],, entry 373. Arr 
chron. by dates of receipts. Indexed alph. by names of tax- 
payers. Hdw. 500 pp. 18 x 10 x 2^. Attic stor. rm. 

339. QUIETUS, 1928—. 5 vols. 

Carbon copies of appl icati one- to-pay and quietuses, showing 
date, amount, and number of appl i cation- to-pay and quietus; 
and names of payer and fund. This is a combination of two 
records formerly kept separately: Ap p 1 i c a t i on- 1 o - Pay , entry 
340; and Quietus, entry 341. Arr. num. by quietus nos. No 
index. Hdw. 150 pp. 18 x 12 x 2. And. rec. rm. 

340. Application- TO- PAY, 1914-24, 3 vols. 1928- in Qui- 
etus, entry 339. 

Stubs of applications- to- pay money to treasurer, showing 
date, amount, and number of appl i ca ti on- to-pay ; and names 
of applicant and fund. Arr. num. by application-to-pay nos, 
No index. Hdw. 18 x 12 x 1. Attic stor. rm. , 

341. QUIETUS, 1914-24. 4 vols. 1928" in Quietus, en- 
try 339. 

Stubs of quietuses issued by auditor upon presentation of 
treasurer'?, receipts for payments made to county, showing 
date, amount, and number of quietus; and names of payer 
and fund. Arr. num. by quietus nos. No index. Hdw. 125 
pp. 18 x 12 x 1. Attic stor, rm. 

3 42. REDEMPTION QUIETUS , 1 8 9 1 - A p r . 1912. 4 v o 1 s . 
Stubs of quietuses issued by auditor upon presentation of 
treasurer's receipts for payments received for redemption 
of land and lots sold for nonpayment of taxes, showing 
date, amount, and number of quietus; names of purchaser 
and redemptions; and location and description of property. 
Arr. num. by quietus nos. No index. Hdw. 159 pp. IS x 
14 x 2. Attic stor. rm. 



(343-347) AUDITOR 369 

SCHOOL FUNDS 

343. SCHOOL CITY LAFAYETTE & WEST LAFAYETTE, 19 3 1- 

4 f. d. 
Copies of s e h o o 1 c o r p o r a t i o n s ' warrants and reports, including: 
i. City school superintendent's annual financial re- 
ports of receipts and disbursements, showing 
date of report; dates and amounts of receipts 
and disbursements; receipt and warrant numbers ; 
names of payee, fund, and corporation; and bal- 
ance. Arr. chron. by dates of reports. 
ii. Warrants, showing date, amount, number, and pur- 
pose of warrant; and names of payee, fund, and 
corporation. Arr, num. by warrant nos. 
No index.' How. 6 x 24 x IS. And. rec, rm. 

344. SCHOOL FUND CASH BOOK, June 1, 1896-1907. 1 vol. 
Record of payments of principal and interest on school fund 
loans, showing date, amount, and number of loan; date and 
amount of payment; and names of mortgagor and fund. Arr. 
chron, by dates of payments, No index. Hdw. 500 pp. 18 x 
12 x 3 . Attic s t o r . rm. 

345. SCHOOL FUND LEDGER, 1840-1902, 1912-23. 7 vols. 
1903-11, 1925- in [Receipts], Appropriation & Dis 
bursement Ledger, entry 323. 

Record of receipts and disbursements of all school funds, 
showing dates, numbers, and amounts of re ce ipt and di sburse- 
ment; name of mortgagor and fund; and amounts of principal, 
interest, and balance. Arr, chron, by dates of receipts and 
disbursements. No index. Hdw. 460 pp. 16 x 12 x 2. Aud . 
ree. rm, 

3 46. SCHOOL FUND LOAN RECORD, 1885—. 2 Vols. 
Record of school fund mortgages, showing date, number, 
amount, and nature of loan; names of mortgagor, township, 
and fund; description, location, and appraised valuation of 
property; and dates and amounts of p a y m e n t s of i n t e r e s t a n d 
principal. Arr. num. by loan nos. Indexed alph. by names 
of mortgagors. Hdw., 1885-1334; typed, 1935- 500pp.l6x 
10 x 2. Aud. off. 

For other school fund mortgage records, see entries 82, 
349. 

3 47. Inventory of Trust or School Fund Loan, 19 13-. 

1 vol. 

Inventory of trust and school fund loans, showing date of 

inventory, number and amount of loan, name of fund, unpaid 

balance of principal and interest, dates interest due and 



37C TIPPECANOE COUNTY ( 848-352) 

paid, amount of loans represented by forfeited or foreclosed 
loans, and volume and page reference to School Fund Loan 
Record, entry 346. Arr. chron by dates of inventories. 
No index. Hdw. Condition poor. 200 pp. 17 x 17 x 1^. 
Aud. off. 

3 48. SCHOOL FUND RECORD, 1 933— . 1 vol. 
Contracts for payment by installments of delinquent interest 
on school fund loans, showing dates, numbers, and amounts 
of loan and contract; name and address of mortgagor; amounts 
of installments and payments; and volume and page re f erence 
to School Fund Loan Record, entry 346. Arr. chron. by dates 
of contracts. Indexed a 1 ph . by names of mortgagors. Hdw. 
100 pp. 18 x 12 x 1. Aud. off. 

349. RECORD OF MORTGAGES FORECLOSED, 1840-59. 1 vol. 
Di seontinued. 

Record of foreclosed school fund mortgages, showing dates 
and amounts of judgment aod satisfaction, and names of mort- 
gagor and fund. Arr. chron. bydates of judgment. No index . 
Hdw. 476 pp. 16 x 12 x 3. Aud. rec. rm. 

For other school fund mortgage records, see entries 82, 
346. 

TOWNSHIP FUNDS 

350. Trustees' vouchers, 19 33- . 3 f. d. 

Copies of township trustees 1 vouchers issued for payment of 
township expenses, showing date, number, nature, and amount 
of voucher; and names of payee, township, trustee, and fund. 
Arr. num. by voucher nos. No index. 6 x 24 x 18. Aud. 
rec . rm . 

3 51. Register of Poor Fund claims, 1934-. 2 vols. 

Title varies: Poor Relief Claim and Allowance 

Record, Register of Court Claims, 1934-May 1935 , 

1 vol. 1822-1910 in Commissioners 1 Docket, entry 

2; 1911 = 33 in Claim and Allowance Record, entry 8. 

Register of poor fund claims paid, showing dates of filing 

and payment, names of township and claimant, amount and 

nature of claim, and warrant and trustee's claim numbers. 

Arr. num. by claim nos. No index. Hdw. 642 pp. 18 x 12 x 

3. Aud. off. 

3 52. Ledger of Township Poor Relief, 1935—. 1 vol. 
Record of appropriations and disbursements for poor relief, 
showing dates and amounts of appropriation and disbursement; 
names of township and fund; amounts paid from county, state, 
and Federal funds; and total disbursements. Arr. by names 



(353-357) AUDITOR 371 

of twps . , thereunder chron. by dates of receipts and di sburse- 
mentg. No index. Hdw. 130 pp. 16 x 11 x Y 2 . And. off. 

353. TRUSTEES 1 ANNUAL REPORT, 1933-. 84 vols. Sept. 
1899-1932 in [Commiss i onerg ' Papers], entry 1. 

Copies of township trustees' annual report to advisory board 
of receipts and disbursements, showing date of report; names 
of township, trustee, advisory board members, fund, payer, 
and payee; and amounts of receipts, disbursements, and bal- 
ance. Arr, chron, by dates of reports. No index. Hdw, 
50 pp. 12 x 8 x %. Aud. rec. rm. 

For prior records, see entry 354. 

354. RECORD OF AUDITING BOARD FOR TOWNSHIP TRUSTEES' 
WARRANTS, 1897-Aug. 1899. 1 vol. 

Record of township warrants audited, showing date, amount, 
number, and nature of warrant; date audited; and names of 
payee, fund, trustee, and township. Arr. chron. by dates 
of audits. Indexed &lph. by names of payees. Hdw. 212 
pp. 16 x 11 x 1, Aud. off. 

For subsequent records, see entry 353. 

3 55. TOWNSHIP POOR EXPENDITURES, 1897-1932. 1 vol. 
Record of trustees' quarterly reports of expenditures for 
poor relief, showing dates of report and expenditures, names 
of township and fund, and amount of expenditure. Arr. by 
names of twps., thereunder chron. by dates of reports. No 
index. Hdw. 212 pp. 14 x 8 x 1^. Aud. off. 

3 56. TOWNSHIP TRUSTEE'S EXPENDITURES, 1885 = 84. 5 vols- 
(1-5). 
Record of trustees' annual report of township expenditures, 
showing date and amount of voucher, names of payee and town- 
ship, and total expenditures. Arr. bynames of twps., there- 
under chron. by dates of vouchers. Indexed alph, by names 
of payees. Hdw. 500 pp. 16 x 12 x 2. Attic stor, rm . 

TAXATION 
(See also entries, 303-318), 

REAL, PERSONAL AND POLL 

357. TRANSFERS, 1891—. 260 vols. 
Record of ownership and transfers of title to real property, 
showing dates of deed and transfer; names of owner, grantee, 
grantor, and taxing unit; location, description, and assessed 
valuation of property; kind of deed; and amount of transfer 
fee. Arr. alph. by names of grantees. No index. Hdw. 300 
pp. 18 x 12 s 2. 62 vols., 1891—, aud. rec, rm.; 198 vols., 
1891-, aud. off. 



372 TIPPECANOE COUNTY (358-362) 

358. Plat Books, 1888--. 93 vols, (dated). 

Plat books of lands and lots, showing year of plat; names 
of owner and taxing unit; location and description of prop- 
erty; and assessed valuation of lands, lots, and improve- 
ments. Arr. by twps . , thereunder by section nos. No index. 
Hdw. 163 pp 14 x 10 x 1. 73 vols., 1886-1927, attic stor, 
rm.; 20 vols., 19 28—, aud. rec. rm. 

For other plat books, see entry 78. 

359. ASSESSMENTS, 1350". 1,461 vols. 

Record of real and personal property assessments, showing 
year of assessment, names of property owner and taxing unit, 
location and description of property, valuation of real and 
personal property by township and county assessors and board 
of review, total taxables, exemptions, number of polls, and 
net amount of taxables. Arr. alph. by names of property- 
owners. No index. Hdw. and typed. 150 pp. 18 x 12 x 1. 
813 vols., 1850 = 99, 1928—, aud. rec. rm.; 648 vols., 1895- 
1931 , Attic stor . rm. 

360. ASSESSMENT List, 1850- . 2,838 vols. 

Schedule of assessments of personal property, showing date 
of assessment; name, age, occupation, and address of owner; 
name of taxing unit; itemized list of taxables; valuation 
by owner and township and county assessors; and number of 
polls. Arr, by taxing units, thereunder alph. by names of 
owners, No index. Hdw. 300 pp. 14 x 9 x 2. 2,311 vols., 
1850-1934, attic stor. rm.; 527 vols., 1935~, aud. rec. rm. 

361. Assessment list, corporation and non- Incorporation, 
1919—. 57 vols. 

Statements by domestic corporations of taxable property 
owned in the county, showing date of statement; name of 
corporation; location of principal office; kind of business; 
amounts ©f capital, common, and preferred stock; market 
value of stock; value of tangible property and franchises; 
amounts of gross receipts, surplus reserve fund, and undivided 
profits for last fiscal year; and copy of balance sheet . Arr. 
alph. by names of corporations. No index. Hdw. 600 pp. 
14 x 9 x 2. 36 vols., 1919-31, attic stor rm,; 21 vols., 
1 932— , aud. rec. rm. 

362. Record or Delinquents, 1841-57, 1872-74. 17 vols. 
(6 vols, unlabeled; 7-14; 3 vols, unlabeled). 

Record of delinquent taxes, showing year of delinquency; tax 
duplicate number, location, description, and valuation of 
property; names of property owner and taxing unit; and amounts 
of delinquency, penalty, and interest. Arr. by names of 
taxing units, thereunder alph. by names of property owners. 
No index. Hdw. 720 pp. 2 x 14 x 4. Attic stor. rm. 



(363-366) AUDITOR 373 

EXEMPTIONS 

36 3. MORTGAGE EXEMPTIONS ,1913-. 93 vo 1 s . Title varies: 
Affidavit of Mortgage Indebtedness, 1915-19, 1921- 
22, 1924-27, 1932, 60 vols. 
Affidavits of mortgage indebtedness, showing dates of affi- 
davit, filing, and mortgage; names of mortgagor and taxing 
unit; name and address of mortgagee; 1 oca t i on and descr i pt i on 
of property; amounts of mortgage, unpaid balance, and exemp- 
tion claimed and allowed; and volume and page reference to 
Mortgage Record, entry 81. Arr. by tax i ng un i ts , thereunder 
alph. by names of mortgagors. No index. Hdw 300 pp. 14 x 
9 x \y 2 . 65 vols., 1913-32, attic stor . rro. ; 28 vols . , 193 3- , 
aud . rec . rm. 

364. Soldiers Exemption, 1920-23, 1929-. 14 vols. 
Affidavits of soldiers, sailors, marines, nurses, and pen- 
sioned widows filed to obtain tax exemption, showing date 
of affidavit; amount of exemption; name, address, and age of 
affiant; pension certificate or compensation award number: 
type of service; and location and description of property. 
Arr. by names of twps, , thereunder alph. by names of affi- 
ants. No index. Hdw. 150 pp. 9x7x1. 3 vols,, 1920-23, 
1929-32, attic stor. rm.; 6 vols,, 1933-, aud. rec. rm. 

TAX SALES 

365. TAX Sales Record, 1848- . 26 vols. Title varies: 
Sales Book, 1848-72, 18 vols. 

Record of sales of land and lots for nonpayment of taxes, 
showing dates of sale and redemption; names of owner, pur- 
chaser, and assignee or redempt i oner ; location and descrip- 
tion of property; number of tax duplicate and sale certifi- 
cate; and amounts of tax, costs, sale, and redemption. Arr. 
num. by sale certificate nos. No index. Hdw. 280 pp, 
16 x 11 x \\i. 24 vols., 1848-96, treas. vt„; 2 vols., 1897-, 
treas. off. 

366. PUBLIC SALE OF LANDS AND TOWN LOTS, 1844"". 9 vols. 
Title varies; Sale Book for taxes, 1844-54, 1862- 
67, 1877-79, 3 vols,; Record of Advertised Lots 
and Lands, 1868-76, 1 vol. 

Record of lands and lots offered for sale for nonpayment of 
taxes, showing dates of sale and redemption; names of owner, 
purchaser, and assignee or redemptioner; location and de- 
scription of property; tax duplicate and sale certificate 
numbers; and amounts of tax, penalty, interest, costs, sale, 
and redemption. Arr. chron. by dates of sales. No index. 



374 TIPPECANOE COUNTY (367-370) 

Hdw., 1844-1935; hdw. and typed, 1936—. 269 pp. 18 x 12 x 
2.' 6 vols., 1844-61, 1870-1909, and. rec.rm.; 1vol., 1862- 
69, attic stor. rm.; 2 vols., 1910-, aud. off. 

36 7. REGISTER OF TAX CERTIFICATES PURCHASE AND REDEMPTION 
RECEIPTS, 1887-1909. 1 vol. (2). 
Record of treasurer's receipts for payments received from 
sales and redemptions of land and lots sold for nonpayment 
of taxes, showing dates of sale and redemption; date, num- 
ber, and amount of receipt; names of owner, purchaser, and 
redempt ioner ; and location and description of property. This 
is a combination of two records formerly kept separately: 
R * g i s t. *> r of Treasurer's Tsx Sale Purchase Receipts, entry 
368; and Register of Treasurer's Tax Sale Redemption Re- 
ceipts, entry 369. Arr, num. by receipt n@s. Indexed alph. 
by names of owners, purchasers, and redempt ioner s . Hdw. 
600 pp. 18 x 12 x 3. Aud. rec rm. 

368. REGISTER OF TREASURER'S TAX SALE PURCHASE RECEIPTS, 
1841-86.. 1 vol. 1887-1909 in Register of Tax 
Certificates Purchase and Redemption Receipts, 
entry 367. 

Record of treasurer's receipts for payments received from 
sales of lands and lots for nonpayment of taxes, showing 
dates of sale and receipt; number and amount of receipt; 
names of owner, purchaser, and taxing unit; and location and 
description of property. Arr. chron. by dates of receipts. 
Indexed alph. by names of owners. Hdw. 500 pp. 18 x 12 x 
3 . Atti c stor . rm. 

369. REGISTER OF TREASURER'S TAX SALE REDEMPTION RECEIPTS , 
1844-86. 1 vol. 1887-1909 in Register of Tax 
Certificates Purchase and Redemption Receipts, 
entry 367. 

Record of treasurer's receipts for payments received from 
redemption of lands and lots sold for nonpayment of taxes, 
showing dates of sale and redemption, number and amount 
of receipt, names of purchaser and redempt i oner , and loca- 
tion and description of property. Arr. chron. by dates of 
receipts. Indexed alph. by names of redempt i oners . Hdw. 
500 pp. 18 x 12 x 3. Attic stor. rm- 

LICENSES 

370. DOG REGISTER AND TAX RECORD, 1901-15, 1920-26- 

10 vols. 
Record of dog taxes collected, showing date of collection; 
names of township, assessor, and owners; number of doge 



(371-373) AUDITOR 375 

owned; sex, breed, and color of each; amount of tax; and 
receipt number. Arr. alph. by names of owners. No index. 
Hdw. 150 pp. 2 4 x 12 x Y 2 . 9 vols., 1901-15, attic stor. 
rm.; 1 vol., 1920-26, aud. rec. rm. 

OFFICIAL BONDS 
(See also entries 28-36) 

371. Official Bonds, 1893—. 3 vols. (2, 3. 3). 
Record of bonds posted by county officials, showing date, 
amount, and conditions of bond; dates of f i 1 ing and approval ; 
and names of official, office, and sureties. Also contains: 
Bonds, Aug. 191I~, entry 372. Arr. chron. by dates of fil- 
ing. Indexed alph. by names of officials. Hdw. 576 pp. 
18x12x3. 1vol., 189 3 -Jan. 1911, aud. rec. rm.; 2 vols., 
Aug. 1911—, aud. off,. 

372. BONDS, 1893-Jan. 18, 1911, I vol. (2). Aug, mi- 
ni Official Bonds, entry 371, 

Record of bonds posted by township and school officials, 
showing date, amount, and conditions of bond; and names of 
official, sureties, office, and township. Arr. ehron. by dates 
of bonds. Indexed alph. by names of officials. Kdw. 480 
pp. 18 x 12 x 3. Aud. rec. rm, 

MISCELLANEOUS 

373. [Auditor ' s Miscellaneous Papers! , 1828— . I a [ Coram, i s - 
si oners 1 Papers], entry 1, 

Contains: 

i. Abstracts of delinquent taxes on real property, 
showing date of delinquency, names of property 
owner and taxing unit, location and description 
of property, and a m © u n t of delinquency. 
ii. Adjoining county auditor's reports to auditor of 
Tippecanoe County of adjustment of Congressional 
township school funds, 1914-18, showing dates 
of report and filing, name of county, and amounts 
of revenue and appor t i onments . 
iii. Affidavits by property owners of mortgage indebt- 
edness, 1899-1930, showing dates of affidavit, 
filing, and mortgage; names of mortgagor and 
taxing unit; name and address of mortgagee ; loca- 
tion and description of property; and amounts of 
mortgage, unpaid balance, and exempt i on c laimed 
and allowed. 



376 TIPPECANOE COUNTY (373) 

iv. Auditor's certificates of veterans' poll tax ex- 
emptions, 1932, showing date of certificate, name 
and address of veteran, and veteran's service 
record . 
v . Aud iter's copies of consignments of intangible 
tax stamps to treasurer, 1H83-, showing date of 
consignment, and itemized list and amount of 
cons i gnmenfc . 

vi. Banks and building and loan associat ions ' monthly 
reports of intangibles owned, 1 933— , showing 
date of report, name and address of bank or bui ld- 
ing and loan association, and amount of intan- 
gibles owned, 
vii. Canceled warrants, 1 828—, showing date, number, 
nature, and amount of warrant; and names of payee 
and depository, 
viii. Certificates of error issued to treasurer to correct 
erroneous tax assessments, 1848-1918, shewing 
date, nature, number, and amount of certificate; 
names of taxpayer and taxing unit; and volume 
and page reference to Tax Duplicate, entry 304; 
and Tax Duplicate [and Delinquent List], entry 
303. 

ix. Claims filed from courts of adjoining counties for 
costs in venued causes 2 9 i 9 -, showing dates of 
claim, allowance, filing of transcript, trial, 
and disposition of cause; nature and number of 
cause; names of plaintiff, defendant, and county; 
and itemized statement of costs. 

For other change of venue records, see entry 
215, 216. 
x. Clerk's certificates of circuit court allowances 
of claims for court expenses and supplies, 1845~, 
showing dates of certificate, filing, and allow- 
ance; name of payee; nature and amount of allow- 
ance; and warrant number. 

xi. Copies of auditor's reports to state bureau of 
statistics of liquor licenses issued, 1911-17, 
showing dates and number of report, date of 
filing, names of licensee and taxing unit, and 
amount of license fees. 
xii. Copies of auditor's reports to state bureau of sta- 
tistics of local option elections held, 1913-17, 
showing dates of report and filing, report num- 
ber, name of taxing unit, and number of votes cast. 



(373) AUDITOR 377 

xiii. Copies of county superintendent of schools reports 
to state superintendent of public instruction of 
aggregate attendance, 1933~, showing dates of 
report and filing, name of taxing unit, grades, 
aggregate attendance and average daily attend- 
ance . 
xiv. Copies of county superintendent of schools statis- 
tical reports to state superintendent of public 
instruction, 1936— , showing dates of report and 
filing, name of township, amounts of receipts 
and disbursements by funds, sod financial state- 
ment . 
xv. Copies of auditor's reports to state superintendent 
of public instruction of distribution of school 
funds, 1 847— , showing dates of report and filing, 
name of taxing unit, amounts of common school 
and Congressional townshi p school revenue, local 
taxes and intangible tax for school purposes, 
total for each taxing unit, total for county, and 
average daily attendance of pupils io each taxing 
unit. 
xvi , Copies of county superintendent of schools re- 
ports to auditor of school books sold, 1893-94, 
showing dates of report and filing; namei of 
trustee, township, and publisher; itemized list 
of books sold, and amount of receipts. 

xvii. Copies ©f auditor's reports to state superinten- 
dent of public instruction of condition, dis- 
tribution, and readjustment of school funds, 
£880-^ s-howing dates of report and filing, date 
of balance, name of fund, amount held, in trust, 
loans ind certificates in force, cash in treasury* 
amount due from county, loans paid, losses paid 
by county, fines and forfeitures, damages, amount 
of Congressional township school fund trans- 
ferred to and from other count ies, miscellaneous 
sources and total receipts, loans made, loans 
absorbed by certificates of purchase, and balance, 
xviii. Copies of auditor's semiannual reports to state 
superintendent of public instruction of tuition 
revenue available for apportionment, 1847™, show- 
ing dates of report and filing, name of fund, 
and amount of revenue. 



378 TIPPECANOE COUNTY (373) 

xix. Copies of auditor's reports to state super! ntendent 
of public instruction of names and addresses ef 
township and school board trustees, showing dates 
of report and filing, and names of trustees and 
school uni ts . 
xx. Copies of auditor's reports to state superintendent, 
of public instruction of special tuition revenue 
available for apportionment to school corpora- 
tions, 1881-, showing dates of report and fil- 
ing, name of school corporation, and amount of 
revenue . 
xxi . Copies of auditor's reports to Governor's Commis- 
sion Unemployment Relief of conditions of relief 
fund, showing dates of report and filing, name 
of township, and nature and amounts, of receipts 
and disbursements. 

xxii. Copies of auditor's reports to auditor of state 
of sexennial enumeration of male inhabitants 21 
years of age and over, 184 1~ , showing dates of 
report and filing; name, ag§, and color of male; 
and total number. 
xxiii, Copies of auditor's reports to auditor of state of 
receipts and disbursements of county revenue, 
1850—, showing dates of report and filing; name 
of fund; and amounts of rece ipts , disbursements , 
and balance. 

xxiv. Copies of auditor's reports to auditor of state 
of unpaid claims for damages to livestock and 
poultry by dogs, 1937~, showing dates of report 
and filing, name of township, and nature and 
amount of claims. 
xxv. Copies of auditor's annual report to auditor of 
state of condition of dog fund, 188 6—, showing 
dates of report and filing; name of township; and 
amounts of receipts, disbursements, * j nd balance. 

xxvi. Copies of township trustees' reports to auditor of 
poor relief granted, 1859-1832, showing dates of 
report and filing; names of trustee and township; 
name, age, sex, color, nationality, occupation, 
length of county residence, former residence, 
and marital status of relief recipient; number 
and ages of family members; sex and nationality 
of non-family member sharing relief; and date, 
nature, and amount of assistance granted, 



373) 



AUDITOR 



379 



xxvii. Copies of appointments of persons as members of 
county welfare board by judge of circuit court, 
198 6 — , showing date and term of appointment; 

date of filing; name, age, sex, qualifications, 
and political affiliation of member; and name 
of judge. 

xvi i i . Copies of appointments of count); director of public 
welfare by county board of public welfare, 1 936— , 
showing dates of appointment and filing, name 
and address of director, and names of members 
of county board. 

x x i x . Copies of notices of bonds posted by count y d iree- 
tor of public welfare, 1936~, showing dates of 
notice, approval, and filing; names of director 
and sureties; and amount of bond, 
xxx. Copies of appointments by county director of public 
welfare of persons to staff positions, 1938— , 
showing dates of appointment, approval, and fil- 
ing; name, address, title, salary, and monthly 
travel allowance of appointee; and list of eli- 
gible appointees . 

xxxi. Copies of authorizations by board of public wel- 
fare to staff members to administer oaths and 
affirmations, 5986—, showing dates of authoriza- 
tion, oath, and filing; and name and title of 
staff member . 
xxxii. Copies of claims for personal service by employ- 
ees ©f county department of public welfare. 
1938", showing dates of claim, filing, and war- 



xxx I i i 



ant; amounts o 



m and warrant; name, cla 



sification, and ra o n t h 1 y salary of e m p 1 o y e e ; ap- 
propriation and warrant numbers; number of days 
worked; and verification and certification of 
claim. 

Copies of monthly financial reports by county de- 
partment of public welfare to state department 
of public welfare, 1936—, showing dates of re- 
port and f i 1 ing, sehedule and amounts of receipts 
and disbursements, approp-r i at i ons. and balance of 
welfare funds, and affidavits of certification. 

Copies of claims by county director of public 
welfare for repayment of assistance granted 
aged, 1936—, showing dates of claim and filing; 
name and address of recipient; and amounts of 
assistance, claim, and repayment. 



380 TIPPECANOE COUNTY (373) 

xxxv. County officials' quarterly reports to auditor of 
fees collected, 1841—, showing dates of report 
and filing, names of official and office, and 
amount and nature of fees. 

xxxvi. Domestic corporations' statements of taxable 
property owned in county, 1869-, showing date 
of statement; name of corporation; location of 
principal office; kind of business; amounts oi 
capital, common, and preferred stock; market 
valuation of stock; value of all intangible 
property and franchises; amounts of gross re- 
ceipts, surplus, reserve fund, and undivided 
profits for last fiscal year; and copy of balance 
sheet . 
xxxvii. Duplicates of orders fr®m auditor to treasurer to 
pay additional payments to township trustees, 
1918-23, showing date, number, nature, and 
amount of order; and names of payee and fund, 
xxxviii. Financial statements by banks to auditor, 1933-, 
showing dates of statement and filing, name and 
address of bank, and amounts of assets and liabil- 
ities. 

xxxix. Justices of peace reports to auditor of fines and 
forfeitures collected, showing dates of report, 
filing, and collections; names of justice of 
peace, township, plaintiff, defendant, and payee; 
and itemized statement of collections, 
xl. List of warrants for bounties pa id on wol f scalps , 
1832-87, showing date, number, and amount of 
warrant; date of filing; and names of payee and 
taxing unit, 
xli. Lists of addi tional assessments of proper ty, 1848-, 
showing date of assessment, names of property 
owner and taxing unit, location and description 
of property, amount of assessment, and volume 
and page reference to Tax Duplicate, entry 304; 
and Tax Duplicate [and Delinquent List], entry 303. 
xlii. Lists of horizontal tax payments and refunds, 1930, 
showing dates of list and filing; name of tax- 
payer; assessed valuation of property; and amounts 
of horizontal increase, payments, and refund. 

xliii. Receipts issued by road supervisors to taxpayers 
for work performed on roads in lieu of taxes, 
1828-94, showing date, number , nature, and amount 
of receipt; and names of taxpayer, taxing unit, 
and road supervisor. 



(374-376) AUDITOR 381 

x ] i v . Statemen t s o f omitted tax assessments, s h o w i n g 
dates of statement a n d r e g n 3 a r a s s e 8 s rn ent ; n n m e s 
of tax p aver a n d taxing unit; I o c a t i o n , descrip- 
tion, and assessed valuation of property; and 
amount of omitted tax assessment. 
x 1 v . T o w n s h i p trustees' reports to auditor of road taxes 
paid and delinquent, 1883-1923, showing dates of 
report and filing; report number; names of tax- 
payer and taxing unit; and amounts of taxes as- 
sessed, paid s and delinquent, 
xlvi, Township assessors' report's to.auditor of dog taxes 
collected, 1898-1923, shewing dates of report 
and filing; names of taxpayer, assessor, and 
township; and amount of collection, 
x 1 v i i . Township assessors' statistical reports to auditor 
of farms and farm products, 1856-57, showing 
dates of report and filing; name of farm owner 
or operator; farm acreage; number of acres till- 
able, woodlands, pasture, and wastelands; and 
value and quantity of stock and farm products 
produced, sold, and on hand. 
x 1 v i i i . Treasurer's receipts issued for money received other 
than taxes, showing date, number, nature, and 
amount of receipt; and names of payer and fund. 
874. [ O LD - A GE ASSISTANCE] , June 1936™. 10 f . b . 
Copies of old-age award certificates, showing dates of cer- 
tification and filing, name and addreis of recipient, appli- 
cation code and serial number, and amount of monthly award . 
Arr. num. by application code and serial bos. No index. 
Hdw. 11 x 4 x 13. Aud. off. 

3 75. Enumeration of White and Colored Male Inhabitants, 

1895, 1901, 1907, 1913, 1919, 1925, 1931, 1937. 

80 vols. 

Sexennial enumeration o f w h i t e a n d colored male i n h a b i t a n t s 

in county over 21 years of age, showing date of enumeration; 

name, address, age, and color of male; name of taxing u n i t ; 

and register number. Arr. a 1 p h . by names of males. No index. 

*Hr]w. 75 pp. 14 x 8 x %. 39 vols., 1895, 1901, 1907, 1913, 

attic stor. rm.; 41 vols., 1919, 1925, 1931, 1937, aud. rec. rm. 

MAPS * 

376. Plat of Cities of Lafayette and West Lafayette, 
1935. 2 vols. 
Plats of cit