The Yazoo Whig and political register. (Yazoo City, Miss.) 1840-1842, 1842-01-14

petent TO discharge such duties, they deserve
the salaries drawn by their principals,-if
undeserVlng, they are unfit to be entrusted
with the management OF such important Of
ices. The existing laws do not give the
Executive sufficient control over the Audi
tor OF Public AccouRts, State Treasurer, and
secretary OF State. The Constitution requires
fthose omcers to reside at the seat of govern
ineht, and the Laws do not authorize them
| 70 SUBSTITUTE Clerks to discharge their appro-
pirate duties. They frequently absent them
serves Tor long periods OF time. without even
notltyIng the Executive of their intentions.
During their absence the business of their
oHlces is left in the charge of Clerks. who
NEITHER give bonds nor take the oatbs Of Of
flee. Under such circumstances. the public
business is often neglected and the funds Of
the State endangered. The Legislature is
clothed with ample power to remedy these
detects IN our legislation, and the public safe
ty requires immediate action. The thirteenth
section OF the fifth article of the Constitution
provides that call vacancies not provided for
IN TINS Constitution, shall be filled in such
manner as the Legislature may prescribe.''
therefore urge the passage ofa law author
lzlng the Executive TO make provisional an
poIntments 10 fill vacancies occasioned by
the absence or disability of the officers de-
slgnated and to give the salary to the person
actually discharging the duties of the Office.
1t is also deserving of your consideration,
whether the Executive should not be clothed
with the power of suspending such officers,
IN certain cases, until the end of the next
session of the Legislature. Under existing
laws the public offices may be closed, the
State funds wasted or embezzed, and no
power can remove the cu prits until regu-
larly imPeached. Experience has demon
strated the extreme difficulty Of recovering
on the bonds of public officers; sureties that
are entirely solvent when taken, become
worthless or die in few years. 1t appears
by arePort OF committee of the Legislature,
made IN the year 1889, that the former Audi
tor is indebted to the State in the sum of
about 6fty-four thousand dollars. Suit has
been pending on his bond for near three
years. Assistant counsel have been EMPLOY
ed by the State, but no iudgmen: has been
recovered. In the meantime his sureties
have become insolvent, and the whole debt
may be considered lost. This extensive de.
talcation was caused by the power unwisely
given to the Auditor to collect the Sinking,
Seminary, Three per cent, and Town Lot
FUNDS l have repeatedly urged your pre-
IdecessOrs to change and consolidate all the
laws IN regard TO the duties OF the Auditor
and Treasurer. The former should not be
permitted IN any case TO receive money. and
The latter should be debarred from auditing
accounts. Both offices should be kept en-
tirely separate, and neither should be per
mitted to aid the other in any contingency
whatever. For period of near two wears
the Treasurer has been unable 10 cash the
Pay Warrants of the Auditor. He has.
therefore, in measure ceased to be a check
upon the Auditor. l therefore deem it inn
tportant that the State Treasurer be required
to accept and register the Auditors Warrants
issued hereafter, before their delivery to the
public 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
authorizes him to cancel, on certain condi-
ltions, the sales Of the lots in this CITY. made
by the State. This duty requires the service
LOT an experienced lawyer, and could more
safely be confided to the Attorney General.
The Auditor should be relieved of all control
lover the Three per cent, Seminary and
Sinking Funds, and the notes taken for Town
Lots. Payments made on account of such
Funds, should always be made to the Treas
lurer, on the receipt warrant OF the Auditor.
The existing system relative to the colec-
ton OF money due by defaulters is radically
detective. Experience has demonstrated
that but little is paid into the State Treasury
on such claims. The law authorizes the Dis
trict Attorneys to call up and try such cases
whenever they are prepared vet they are
permitted to slumber on the Docket, until the
lparties 20 the bond become insolvent. Many
; thousand dollars are annually lost to the
State by delays and failures in the prosecu-
ton ofsuits against defaulters.
The tenth section of the seventh article OF
the Constitution prescrbes that THE legis-
lature shall direct, by law, in what manner,
} and IN what courts, suits may be brought
against the State" 1t is believed that this
clause was inserted in the Constitution in
order that the State might be made defend
ant to Chancery suits arising out of cases
wherein lands sold by the State to individu-
ais, was in dispute, and the State was sup
: posed to have an interes: therein. It never
! was intended by the trainers of the Constitu-
ton that every public creditor should be per-
mitted to harass the State at pleasure, by
D vexatious suits. It will be perceived thar
1 the section quoted, does. not authorize exc
cutions to be issued against the STATE.
! On the 18th day of February, 1888, the
r Legislature passed an act authorizing any
l one having claim against the State, to file
Bill in the Superior Court OF Chancery
: against the State, and directing issues TO be
$ made up to try the facts. The act furthe
{ lprescribes that when a final decree shall b,
9 made in favor Of the complainant, that al
r exempli6ed Record thereof shall be fled II
: the Office OF the Secretary of State. and tn