The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1856-05-13
HILLsDALE MICH, TUEsDAY, MAY ID, 1856.


for the State, and in no way otherwise pre-
viously provided by law" we think would
also properly belong to this class. Such dis
cretion, however, should also be exercised
with due delibcration and caution, and sub
of the Board. Some discretion is, and ever
has been vested in all such cases, in that body
that had the power of auditing claims against
the State, whether the Legislature, or Board
of Auditors to audit incidental expenses which
could not, from the nature of the case, be
otherwise previously and definitely provided
for, by law or salary. Some extraordinary
emergency might arise, when the Executive,
and Attorney General, Treasurer, and Others
of the State officers or Judges Of the Supreme
or Circuit Court might be required, from the
exigency of the case, for the highest interest
of tho State, to travel beyond, what could
have been foreseen, and thus provided for,
either by law or by salary, by constitutional
convention. Who will believe that the con-
stitution. or the people that adopted it, ever
designed or expected that State officer should
travel on some special, duty, to secure tho
most obvious interests of the State, on his
own expcnse, on salary, Of $SO0Oa We
sho'd regard such supposition as simply ab-
surd; and vet, his oath of office, to act in
good faith to the State, may occasionally
make it his indispensable duty +, incur such
travelling expenses and public officers have
been reimbursed, and the people have sane
toned it. The foregoing considerations, we
cannot but regard as the most manifest COM
mon sense view of the whole design of the
constitution upon this important question
which we fully believe is in entire accordance
with all past precedent, both rs to the Jud-
ges, State officers and other State agents,
which practice, up to this time, both before
and since the revision of the constitution
whenever proper discretion has been wisely
and honestly exercised, has been fully sane
toned by the Legislature and the people,
Finally, we do with confidence submit this
question to the people, from whom we derive
our highly responsible official position, and to
whom we must render our account.
From the constitution itself, from all past
precedent, before and since its revision, and
from what seems to us unmistakable design,
Notwithstanding our sympathies for Others,
not to say for ourselves also, which most cer-
tainly would have led us to different deci-
sion from the one we have arrived at; yet we
have been utterly unable to avoid the convic-
ton that it would have been a violation of
what seems to us the most Obvious spirit and
design of the constitution, to audit or allow
any thing either to the Judges or State Off
GERS, or other State agents, for any travelling
expenses for any amount of travel which
must have bcen definitely known at the adop-
sc a ho al.
or implicitly enjoyed by it, and thus provided
for by salary, however low in ''these times"
this salary may seem TO be. The board,
then, cannot consent to do an official act,
which it seems to them might we'll be regar-
ded more in the light of an act of bcnevoence
than one Of constitutional and legal require
ment. Toprevent what appears to us, would
be the disastrous moral effect of violating the
constitution on account of a 'change of tines
since its adoption, we prefer to endure a con-
stitntional evil, should the people SO deem it,
until it can be remedied in constitutional
way. The final decision of this question has
been one of much deiiberation and trial to
the Board Of State Auditors. But no consid-
erations which might perhaps have provided
our own qniet and self interest, nor the high
esteem and sincere personal regard for the dis
tinguished class of our fellow citizens whom it
more especially concerns, nor the learned
arguments of a. number of legal gentlemen,
including that OF the able and esteemed At
torney General of the State, which we have
carefully considered have been sufficient to
afford us seeming justification for arriving
at any other conclusion.
With all due respect to the opinion of any
who may honestly differ with us on this i'm
portant question, We are still compelled to
decide it according to the deliberate and abb
ding convictions of our best judgement
s. b THEADWEIL,
JOHN MCKINNEY