The Arkansas banner., 1846-03-18

| seals" were Wrltten III the Douy ol tHe pouu. This was held to make discrepancy" be- tween the declaration, and the copy of the bond, as both appeared in the transcript, and l to be valid cause of demurrer. At the same time, however, the court expresslly stated that-ssthis discrepancy may have originated with the copyist who transcribed from the original the copy given as oyer, or the Clerk who transcribed the same into the transcript of the copy before us." This supposition of the court. although, as they said, s.we cannot | iudicially know'' 1t 10 be so, was the true state of the case; as was afterwards accertaln- ed, and may be verified, now, al any time, be reference to the records of the court.
 For the facts in the foregoing statement, see 2d Volume Arkansas Reports, pp 73 to 84, ..1he Auditor vs Woodruff and others"
 The Stale Legislature, at its session of 1837-38-the first session after Woodruff $ dedication was ascertained, took the subject up; and, then, with all the facts and circum- stances fresh before them, not only declared him a defaulter who should be made to pay back the money he unjustly withheld from the Slate; but, obviously under the impress sion that he was an impudent, barefaced and contumacious embezzler of the public funds, passed an act to punish him for his malfeas- ance and contumacy. Thus by an Act of that session, rassed on 18th Feb 1888 1t IS direc- ted that he not only pay back the money he distracted from the Treasury, but that he, al- so, pay interest at the rate of Iaeenty-fue per ent per aa,nunt, from the 26th Oct, 1857, until the amount of his dedication should be paid up; and subsequently, the Legislature, by an Act passed the 18th Dec. 1858, direc- ted the Prosecuting Attorney of the 9th judi cial circuit to sue Woodruff on his official bond Sc.
 Again, Woodruff was sued in the Pulaski county circuit court; and this time 1t was up on the merits of the case-that IS, whether Woodruff owed the money or not. And 1 this time, judgment was give against 1 Woodruff, and in favor of the State, for S2395 1 IS, with interest at the rate of Tmenty fpa per cent already mentioned. From this judgment, Woodruff appealed to the Supreme Court, by writ of error. This cause was tried by the Su- preme Court, at July term lS40; and was argu- ed by ASHLEY & Watkins for Woodruff, and by Clendcnnin for the State. Upon every point affecting the merits of the case, to the full effect of adjuding that Woodruff owed the sum of S2,395 IS, with sic per cent. interest, the | judgment of the circuit court, against W ood- ruff, was sustained; but the act of the Legis- lature imposing interest of the rate of t,centy fue per cent, was declared unconstitutional. So, for that reason, the judgment against Woodruff was reversed. Or, ill the language of the court, 'sthe judgment of the Circuit court having been given for tlcenty-tue per cent per annUn,, under the act of the Leglsla- ture herein declared to be void, is reversed"
 So far, then, as the naerits are concerned, the only courts which have tried the case, have decided against Woodruff and in favor of the State. See 3rd uol .frkansas Reports pp 288 10 308, "WoodrMf and others against he Sfateo
 This case came before Pulaski circuit court. again, at the May term 1915. Now 1t was tried, second time, on its neeritS, and Judg- ment was given against Woodruff and In favor of the State. The judgment of that court stands of record, in Pulaski Circuit Court, dated 18th June, 1945, against Woodruff and his securities, for THREE THOUSAND. THREE HUNDRED AND FIFTY NINE DOLLARS, AND TWENTY Two CENTS.
 So Woodruf's dedication, by judgment of the court, (erclusiUe of which cost is I probably ono Hundred doltars) amounts to THREE THOUSAND, THREE HUNDRED AND FIFTY NINE DOLLARS, AND TWENTY TWO CENTS, with interest from the 18th June 1915; amounting to S3,5l0. In my communication of last week, l stated it at sS4,000. This correction was due to all parties, and is cheerlulIy made. If makes l Mir Woodruff better, or more honest man, to be defaulter to the amount of S3,510 instead of S4,000, he is entitled to the ad- vatage it gives him. By a calculation of dol lars and cents, it is $490 in favor of his re- putalion; but there remains against him, yet balance of S3,5l0. For this last amount he is defaulter.
 For these .facts, refer to he records of Pu- laSki Circuit Court, for June, 1915.
 It is proper to add that Mir. Woodruff has again taken the case up to the Supreme Court upon technicality, even more futile ant frivolous, if possible, than any upon whcf he has heretofore depended, It would have been decided by the Supreme Court al last Term, but, on account of sickness, tho the court adjourned before the case was reached. That it will be decided against him again, and finally, no one entertains doubt It was taken up merely for delay, as IS wei ! understood.
 stated last week, that Mir. Woodruff is 6 dcfaultcr; and leave it to every honest man to say if have not made my statement good further said that he could not hold ''any office of profit or trust," in the State. To sustain this position make the following quotation from the Constitution of the State
 "No person who now is, or shall be here after, q collector or holder of pu6Lic money nor any assistant or deputy of such holder or collector of public money, shall be eligible to seat in either house of the General As- sembly, nor 10 any o6fce of proh or hust, : until he shall hare accounted for and paid orer, aH sams for arhtch he may haue 6ecn T Hable"
 Constitution of Arkansas, Article 4,
 Section II.
 So, Mir. Woodruff is not only defauzter to the State, but he is incapable of holding any State office. Why then should he be forced upon the State as Federal office hol- 1 1ars Tho IT . GovprnDaent proviloe ,,Io oc