The true Democrat., 1854-07-05
Petition of the Governor to the Circuit Court
 for a Mandamus to compel the Auditor to comply with the Law. STATE OF ARKANSAS, }


 for a Mandamus to compel the Auditor to
 comply with the Law.
 STATE OF ARKANSAS,
 County of Pulasks. {
 To the Hon. the Circuit Court of Pulaski county in the State of Arkansas:
 The relator, Ellas N. Conway, as Governor of the State of Arkansas, would respectfully re- present and relate:
 That he, as the executive of said State, ad- dressed an official communication bearing date the 18th September, 1853, Ito Christopher C.. Danley, who then was, and from thence has continued to be- Auditor of Public Accounts of the State of Arkansas, in and by which official letter said Auditor was respectfully requested to make the quarterly reports to the Governor in accordance with section 51 of chapter 23 of the digest of the statutes of Arkansas, for each quarter, commencing with the fourth quarter of the year 1852-it being stated therein, as was and is true, that the Executive had no official information of the State Treasury since the Both of September 1852; and said Auditor was in and by said letter, further requested and de- sired to show in each quarterly report, the amount of warrants drawn on each appropria- tion; the amount of treasury warrants out standing and unredeemed, at the Send of each quarter; and the amount in the Treasury ap- plicable to the redemption of such warrants. and such other information as should be neces- sary to perfect and explain the same.
 And although said letter was delivered to and came to the hands of said Auditor within few days after the date thereof he wholly neglected and refused to respond thereto, or to furnish sad information, or give any initiation that he intended to perform the duty enjoined by law and required by the Governor, of him, as an officer of the Executive department.
 And said Auditor having so failed and refus- ed, the relator, on the 3Oth day of January, 1854, more than four months after the date of said letter, being still without any response thereto, addressed another official cemmunica- tion to said Auditor, calling his attention to said letter of the 18th September, 1855 enclosing therein copy thereof; in and by which said last mentioned communication the relator, as Governor as aforesaid, renewed his said appli- cation and request, and demanded that said Danley, as such Auditor should furnish him in writing from the records of the Auditors office, the information required by said letter of the 18th September, 1853, as early as practicable.
 And although said second letter was deliver ed to and came to the hands of said Auditor within few days after the date thereof, he wholly neglected and refused, and still negects and refuses to respond thereto, or to furnish sad information specially required of him in sad hrst letter and referred to in said second letter by reference to said contents of said first letter, or give any intimation that he intended to perform the duty enjoined by law and requir- ed by the Governor of him Gas aforesaid) as an officer of the Executive department Full, true, and correct copies of which two several letters are hereunto annexed, and several by marked, exhibits A. and B., and which are prayed be received as part of this petition, and the con- tents whereof by reference thereto will more fully appear, and your relator further relates that the said Christopher c. Danley, (who at the tune of the writing and reception of the said two several letters) was, has ever since been and now IS, Auditor of the Public Accounts of the State of Arkansas, by neglecting and refus- Ing to comply with and respond to the request In sad letters contained or to give to this relator such information or make such quarterly reports as was required of him by this relator by said letters hereunto' annexed marked exhibits A. and 5. or in any way perform the duty required by law by virtue of said 51 section of chapter 23 of the digest of the statutes of Arkansas, and the performance of which was required by the relator as Governor of the State of Arkansas is a denial of right and justice and in no wise warranted by law, and this relator relates that he IS aggrleved and injured thereby.
 Wherefore and inasmuch as the relator hath no other adequate or specific legal remedy save by an appeal to the remedial powers and justice of this court, he prays that an alternative writ of Mandamus may be issued, directed to the said Christopher c. Danley, Auditor of Public Accounts of the State of Arkansas, command ing him as Auditor to make the quarterly re- ports, to the relator, as Governor of the State of Arkansas, naccordance with sec 51 of chapter 23 digest of the statutes of Arkansas, for each quarter commencing with the fourth quarter of the year 1852, and that in such quarterly re- ports and in each of them, the said Christopher U. Danley, as Auditor of the State of Arkan- 'as do show and report the amountof warrants drawn on each appropriation, the amount of Arkansas treasury warrants unredeemed at the end Of each quarter and the amount of money in the treasury applicable to the redemption of such warrants, and such other information | as is required to perfect them according to the statute in such case made and provided, or to show cause to the court here on day to be named for that purpose, why he should not do so, and if he show no sufficient cause, pre- | emptory writ of Mandamus issue in the premi- ! 'es, etc., and the relator will ever pray etc.
 CURRAN & GALLAGHER,
 Attys tor Relator.
 Exhibit A.