Lexington union. (Lexington, Miss.) 1838-18??, 1842-01-22


cases in which deductions shall he made
from salaries of public officers, for neglect
of duty in their official capacity, and the
amount of such deduction" This salary
injunction, although repeatedly recon-
mended to your favorable consideration,
has always been disregarded. Those who
neglect their official duties have no claims
on the public Treasury. The duties Of
many of our officers are for hong periods
of time performed by deputies and clerks.
If they are competent TO discharge such
duties, they deserve the salaries drawn by
their principals,-if undeserving, they are
unfit to be entrusted with the Management;
of such important Offices. The existing
laws do not give the Executive sufficient
control over the Auditor OF Public Ac-
counts, State Treasurer and Secretary Of
Safe. The Constitution requires those
officers to reside at the seat OF government,
and the Laws do not authorize them to
substitute Clerks to discharge their appro>
pirate duties. They frequently absent
themselves for long periods of time, with
out even notifying the Executive Of their
intentions. During their absence the
business of their Offices is left in the charge
of Clerks, who neither give bonds nor take
the oath of o!lice.-Under such circum.
stances, the public business is often neg.
lected and the funds of the State endan-
gered. The Legislature is clothed with
ample power to remedy these defects in
our legislation, and the public safety re-
quires immediate action. The thirteenth
section OF the fifth article of the Constitu.
ton provides that "aIl vacancies not pro-
vided for in this constitution shall be filled
in such manner as the Legislature may
prescribe" therefore urge the passage
ola law authorizing the Executive to make
provisional appointments TO fill vacancies
occasoned by the absence or disability
of the officers designated and to give the
salary to the person actually dscharging
the duties of the office. 1t is also deserv.
ing your consideration, whether the Ex.
ecutive should not be clothed with the
rower Of suspending such officers, in Ger
tain cases, until the end OF the next ses-
sion Of the Legislature. Under existing
laws the public offices may be closed, the
State funds wasted or embezZled, and no
power can remove the cuIprils until regp>
Iarly impeached. Experience has demon
strated the extreme difficulty OF recover
mo on the bunus OF public officers; sure
lies that are entirely solvent when taken,
become worthless or die in few years
1t appears by report Of a committee Of
The Legislature made in the year 1889,
that the former AdItor is indebted to the
State in the sum Of fifty,four thousand
dollars. Suit has been pending on his
bond for near three years. Assistant
counsel have been employed by the State,
but no judgment has been recovered. 10
the meantime his sureties have become in
solvent, and the whole debt may be con-
sidercd lost. This extensive delacaton
was caused bv the power unwiseIy given
10 the Auditor to collect the sinking, Semi
nary, Three per cent, and Town Lot
Funds.-I have frequently urged your
predecessors to change and consolidate ali
the laws in regard to the duties OF the
Auditor and Treasurer. The former
should not be permitted in any case to re-
ceive money, and the latter should be
debarred from auditing accounts. Both
offices should be kept entirely seperate,
and neither should be permitted to aid the
other in any contingency whatever. For
a period of near two years the Treasurer
has been unable TO cash the Pay Warrants
of the Auditor.
He has therefore in measure ceased
to be cheek upon the Auditor. | there
fore. deem it important that the State
Treasurer be required to accept and re-
aister the Auditors Warrants, issued
hereafter, before their delivery 10 the pub
lie creditor.
The duties OF the Auditor Of Public Ac.
counts are more arduous than those of any
other officer of the Government, A late
law authorizing him to cancel, on certain
conditions, the sales of the lots in this
city made by the State. This duty requires
the service Of an experienced lawyer, and
could safely be coufded to the Attorney
General. The Auditor should be relieved
of all control over the Three per Cent,
Seminary and sinking funds,and the notes
taken for Town lois.-Payment made on
account Of such funds should always be
to the Treasurer, on the receist warrant
OF the Auditor.
The existing system relative to the col
lection of money due BY delauIters is rad
icsly defective.
Experience has demonstrated that but
little is paid into the StateTreasury on such
claims. The law authorizes the District
Attorneys to call up and try such ca
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