CHECKS ON COUNTY GOVERNMENT IN INDIANA

BY JOHN A. LAPP,

Director, Indiana Bureau of Legislative Information.

The county-township system of local government prevails in Indiana. Responsibility is divided between the county and township in strict adherence to the mixed origin of the state's political system. The predominance of southern immigrants which, as late as 1850, showed twice as many inhabitants of southern origin as of New England origin, gave greater importance to the county as the principal unit. The county and township together have a large measure of administrative power and this power is predominantly in the county.

There are in Indiana ninety-two counties varying in area from eighty-five to six hundred and sixty-one square miles and in population from 4,329 to 263,661. The constitution fixes the minimum limit of area at one hundred square miles below which counties may not be subdivided. The county in Indiana is in most cases a small compact area, the average size being less than four hundred square miles. The counties are subdivided into 1,017 townships varying from six to twenty-two townships to a county.

The constitution names the elective officers of the county as follows: clerk of the circuit court, auditor, recorder, treasurer, sheriff, coroner and surveyor and provides further that such other officers as may be necessary shall be elected or appointed.

While not specifying the board of county commissioners, the constitution confers "upon the boards doing county business in the several counties, powers of a local administrative character." These boards, which were established in the beginning of the state's history, consist of three members elected by the voters of the whole county but selected from districts. Besides these officers there have been created by law a county sealer of weights and measures, county health officer, board of county charities, board of children's guardians, county superintendent of schools, county board of education, county truant officer, county board of review and, most important of all, the county council.

County work in Indiana has been divided into seven different classes: conduct of business, public works, public utilities, protection of persons and property, care of unfortunates, education and administration of justice. The power devolving upon the county officers and boards under these heads is enormous. The Indiana county is a large business affair. The total expenditures in 1909 for ninety-two counties were $51,298,899.46 or more than a half million on the average for each county. The smallest county showed an expenditure of $73,327.64 while Marion county collected and used $5,380,691.11.

Among the particular duties imposed upon the county, in addition to the usual duties found in most states in connection with the conduct of ordinary business, the enforcement of laws and administration of justice which are carried on by the board of county commissioners and the respective county officers, the following may be mentioned: (1) The county has control of the construction and care of bridges throughout the county, and of all free gravel or macadam roads which have been constructed as county roads under the gravel road law; (2) the commissioners grant franchises for public utilities and regulate the construction of telephone and telegraph lines along public highways; (3) the county is the unit for the enforcement of the health laws of the state outside of cities and towns and for the collection of all vital statistics and for the enforcement of honest weights and measures; (4) the boards of children's guardians which are appointed by the circuit judge have extensive powers in the matters relating to delinquent, truant and deserted children; and over all the county charities, the board of county charities, also appointed by the circuit judge, exercises supervising powers; (5) the county board of education appoints the county superintendent and county truant officers. The county superintendent has entire supervision of the schools outside of cities and towns; (6) the county is the tax-collecting agency of the state. All state, county and township taxes, and in some cases city taxes, are collected by the county treasurers and paid over to the respective units.2

With this passing view of the particular and general functions of the Indiana county, we will now proceed to the main theme of this paper the checks on the conduct of county business.

1 Davison, Government in Indiana, p. 11.

The county treasurer is the city treasurer in cities of the first, second and third classes which are county seats.

Local Checks

The core of county government in Indiana is found in the board of county commissioners. These officers exercise a tremendous power. Their duties are largely executive and administrative. They have full control of the county buildings, roads, bridges and all other county property; they let contracts for supplies for all purposes; mark the boundaries of townships and election precincts; audit accounts and allow all bills of all county officers. They are road superintendents of the county roads, each commissioner being assigned to a certain district of the county; they appoint many officers including the county attorney, county physician, superintendent of jails, workhouses and asylums, superintendent of weights and measures, and election and registration inspectors and clerks for each precinct. Little can be done without the approval of the commissioners. When the power of control is not given to them directly or to their appointees, their approval is required either directly or in auditing and allowing accounts. They meet monthly for the transaction of business and in special meetings whenever necessary.

Until 1899 the boards were unchecked by any state or local authority. The large powers which they exercised led to many grave abuses. The office offered opportunities for graft and promoted inefficiency in many ways. County government became a scandal throughout the state and culminated in a political issue in 1898. The county and township government commission, a voluntary organization, set forth the conditions in the following resolutions:

The numerous evils attending the transaction of county and township business under the present laws-the improvident contracts for the construction of court houses, jails, bridges and other public works, the excessive and demoralizing distribution of the poor fund in many localities, the arbitrary power of township trustees in levying taxes, the wasteful expenditures of public moneys upon the highway and in the purchasing of unnecessary and worthless supplies for school and other purposes, the secrecy and irresponsibility which so often attend the management of public business-all these things call for a radical change in the laws for the administration of county and township affairs. Such a change has been advocated in the platforms of both the leading political parties of the state, and this commission, composed of delegates chosen by the State Board of Commerce, the State Bar Association, the State Federation of Labor, as well as of certain senators and representatives, and others designated by Chairman Hernly, of the Republican State Central Committee, are now enAfter January 1, 1914, the county commissioners will appoint a county road superintendent under a law of 1913.

gaged in considering measures for the reform of these laws, and earnestly ask for written suggestions in reference to this subject from all persons interested therein.

Governor Mount said in his biennial message:

The need of reform in laws and methods of county and township government is manifest to all. There are not the proper safeguards around the powers delegated to the county commissioners. They have power to levy taxes, make contracts, spend money, make allowances and audit the books. . . . The prodigality with which county funds are expended in some counties is the outgrowth of following precedents on the ascending scale. I believe it safe to conclude, if proper safeguards are placed about these offices, and wise business and economic methods adopted by counties, courts and townships there could be a saving of twenty per cent.

The legislature after a sharp fight, in which party lines were drawn principally for political effect, enacted the laws providing for the reform of both county and township government. These acts established the county council and the township advisory board, designed as checks upon the unlimited powers of the county commissioners and township trustees especially relating to finances. By the county reform law, which remains with only slight amendment, the county council was made to represent the people of the whole county as well as of certain districts. Seven members are provided for, three to be chosen by the voters of the whole county and four to be selected by the voters of the councilmanic districts. They serve at a nominal compensation. This council is the taxlevying and money-appropriating body for the county. It is in this respect the legislative authority. No money can be drawn from the treasury except on appropriation by the council; bonds are issued by the council and the borrowing power is exercised only by them. The council thus stands guard over the treasury. Their work is negative. They have no constructive power, but wherever they have been alert and active, they have been able to keep the county finances from being dissipated. Their chief power consists in their control over the budget. Indiana counties come as nearly in theory to a scientific budget as any municipalities in the country. The law specifies the forms and date for the budget. Every county officer, board, or court, is required to file carefully itemized estimates of their expenditures for the coming year before the Thursday following the third Monday in August. These estimates are compiled by the county auditor and presented to the council at their annual

September meeting. The council may require further specifications from any officer. Indeed there is no fact relative to the needs of any office which is not required by law or which may not be required by the council. The council is thus in a strategic position to exercise a wholesome check upon all county government.

In the practical administration of the law for the last fourteen years, the council's work has, in different counties, been good, bad and indifferent. Given a council of capability and of zeal for public service, and the opportunities for effective work which the laws afford are many; but it too frequently happens that the right kind of men cannot be found or cannot be induced to accept the onerous task which an efficient conduct of the office places upon them. It was freely predicted by the enemies of the law that the council would be filled with incapable men who could be easily controlled. In some cases this has been true. The council is sometimes narrow, seldom profligate from choice. Often, however, they are indifferent and do their work in a perfunctory manner. The system offers opportunities for efficient service but it does not insure that the county business will be scrutinized with the care that the law intended. The county council has done good service but is not a guarantor of efficient and honest county government. That this statement is true is evidenced by the demand which brought the state board of accounts into existence in 1909.

State Checks

General. The state has only slight control over the county in the enforcement of the laws. Sheriffs are elected by the people and prosecuting attorney by the judicial circuit; and although recognized as state officers, for the enforcement of state laws they are not subject to direction by the governor or other state officials. Recently the governor was compelled to order out the militia to enforce a law against race track gambling, because he had no authority to compel the sheriff and other local authorities to perform their duties. There is no power of removal of any county officer by state authorities as in New York and other states, nor any effective power of direction. As far as general enforcement of law is concerned, the county is practically unchecked by the state. There are, however, many checks in different phases of administration and there is a marked and rapid extension of these checks.