175 Ind. 132 | Ind. | 1911
This index is not required by any specific law, and it is wholly optional with treasurers whether they keep indexes to these records; but they are so far authorized that the public authorities might contract and pay for their making as.conveniences for the use of the officers and the public, and if so procured, while they may not in the strict sense be public records, they are undoubtedly authorized to be made and kept. They are not less public by reason of being made by an officer in the course of his administration of the office. The public have a direct interest in them, not only during the term of office of the incumbent, but indefinitely. State, ex rel., v. Shutts (1904), 161 Ind. 590; State, ex rel., v. Flynn (1903), 161 Ind. 554; Board, etc., v. Mitchell (1892), 131 Ind. 370, 15 L. R. A. 520; Hoffman v. Board, etc. (1884), 96 Ind. 84; Garrett v. Board, etc. (1884), 92 Ind. 518; Hubler v. Board, etc. (1898), 19 Ind. App. 464.
The city has assumed to retain the property under circumstances rendered reasonable by the course of appellants respecting it, and in which the public interest is deeply affected and concerned, and it would be inequitable to allow them to take it.
The judgment is affirmed.