Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1848-10-06

- Froa n. Otio State Journal.
The silence BrOken--COl. Weller telling
The stery OF bis DefalcaiiOnS--lny quaR-
tiiy OF FlamS--ORe Truth,

that county. His speech il reported by Col /
Charles II. Brough, and by him published IN lhe
Cincinnati Enquirer, from whence II Is eobb,u
i,to The Statesman. The statements ot COL
Weller are mere broad assertions, made upon
his own testimony, and accompanied by no prOoi
Of any kind; aud we are now about 10 take
them IN and exhibit them in their own light, and
in thai of the laws Of the StaEe, promising that,
in this serious examination, we have not the
sliybtes, desiIe 10 do more or less than equal
and eyuct Justice to one who stands 50 high in
the estimation and affections Of his party in the
Safe. and who so fully illustrates the glory OF
Democratic principles are exemPlIhed by Loco
foco practice.
We shall give the whole Of Mr.. BrOugh's re-
pou Of Col. Weller's explanation, that we may
not be charged with garbing the text, or doing
Injustice 10 the argument, and, being anxious 10
study breyily, we shall Jake up the declarations
of the candidate seriaiim inlcrmingling them
with our own comments or proof; and first: Col.
W. said ''ihat as one OF the Fund Comms-
sioners of Butler county, he had been charged
with the couniy's proportion ofIhe Surplus Rev
enue. That they were required 10 loan this
fund out in such way as TO produce interest,
and we're charged with interest whether they
made the fund produce II or not"
This is not true. BY yirtuo OF an act Of the
Legislature Of 1929, entitled "On act to pro-
vide for the payment Of the domestic creditors
of the S,ale Of Ohio" Ohio Stat, vol. Al sec.
7.nis provided, "lhat all payments Of money
or bonds received by the Fund Commissioners
Of any county, or collected by them, shall not
be reloaned, but shall be retained by them, 10 be
paid in,o lhe State Treasury" &c.
Il e fha - -
provided, "lhat all moneys bonds or certificates
ia the hands of Fund Commissioners Of any
county under this act, and required to be paid
tnlo the Stale Treasury, shall be by said Fund
Commissioners paid over to the County Treas
urer on or before the first day Of December in
each year, to be by him paid ~ the Treasurer Of
State"
So that, instead Of being "requircd to loan
this fund in such way as to produce interest,"
The commissioners were expressly prohibited
from loaning il at all, aud were required to pay
it over to the County Treasurer.
Col. w. continues to say, "thal il was loan
od out, on good lawful Securty-to the county
Of Butler $ O,0O0-Ihe residue TO some sixty
five persons"
As regards tho value Of the securities which
were taken, Col. Weller may perhaps bo a COM
petent Judge, but, although he has been called
upon by every legal means Of suusion TO dis.
close what those securities are, he has steadily
resisted such disclosure and now stands Justly
chargeable with a contempt for having dlsobey-
ed the express orders of a court Of Justice in
that behalf. Tho securities bonds, notes, mort
gngcs-whu,evcr they may be, are in his hands.
In this was also broken an express provision of
the laws of the Slate-lhe law Of 1916, which
requires that tho books, funds, papers, notes,
mortgages, &C., be handed by the Fund Com
missioners over 10 the County Auditor.
Col. w. says further: "That AZ the pay.
mcnIs of interest aud partial payments Of prln-
cipa were mado, tho Commissioners thought fit
TO Ioun the proceeds to one another. when no one
clso offered, seeing they were required TO make
interest upon it,"
It will be seen by reference to the extracts
from the laws quoted above, that the Fund Com
mlssioners being required to pay over to the
Treasurer all moneys, both Of principal aud in-
teresl, and as fast as thoy were collected, they
were not only not required to make interest, but
were prohibited from so doing and certainly
had they been so required, no man can for u
moment believe that in the county OF Butler,
money has been ever so much of drug in the
Commissioners would be obliged 10 loan their
trust fund $40 one another because "no one
else offered" TO receive it.
liy the way, this division Of the funds be.
tween the members of tho board--ths loaning
10 one another, fnancierng, and saves to tho
public officer an immense amount OF lnbor III
selecung the proper persons 10 become debtors
OF the fund.
"Ils says: "That he had borrowed some por-
,ion Of this money-every dollar Of which was
amply secured by mortgage upon real estate,
which no man, acquainted with tho value OF
property, would hesitate 10 pronounce an abun-
dant security"
Tho amount borrowed by Col. Weller orthis
fond, is stated nj eleven thousand dollars, and
this statement has never been conradcled BY
an order passed by tho Fund Commissioners OF
the State, aud binding in It's effect upon those oI
counties, il is expressly provided that not more
than one thousand dollars Of tho surplus rcven.
ue should be loaned to any one person. This
has been violated by this sworn olicerof the law.
Furthermore, by the act "providing for the
distribution and investment Of this SIalos pro.
portion of the surplus revenue" passed March
90, 1887, it is provided that the Commissioners
shall, on making loan, require and lake from
the applcanta bond, the payment of which will
be secured by amorlgage on unencumbrred reu
estate, of an estimated value double in amour
TO the sum loaned, or other adequate security
conditioned for the payment Of the interest semi
annually in advance, and Of the principal sun
SO borrowed, from time 10 time, as the samC
may come due This provision of tho law ha,
no. been complied with, and tho whole story o
tie ample security of the fund by mortgage, is
ialsehood from beginning 10 end
When Col. Weller, or his co.Commissione
made the loan to himself, there was no bond anC
mortgage taken as required by law--lho mort
gage was executed and put upon record private
ly, after his nomination for Governor.