Weekly hawk-eye and telegraph. [volume] (Burlington, Iowa) 1855-1857, 1856-07-30

lnfen6ant are TO creature OF his own, at Fort
Des Moincs, who is engaged in private specula-
| tons for him?
But we have not time to parsue this matter
| further Oar desire is to Secure public attention
| to the report. The facts should be pondored by
every taxpayer, before he deposits his vote at
| the coming election.-Iowa City Republican.
| AUDiroR's OFFICE, Iowa.
! Iowa City, July 10, 1855.
| Mr.. DEMONSTRATING that the difficulty which
arose between myself and the members of the
General Assembly on the 18th inst. has been
misrepresented by certain members OF that boz
dy, and will doubtless be used against me in the
approaching State election, leem it as duty TO
myself and the party which has put me in nom
nation, briefly to state the facts of the case
and the laws appertaning to the same, through
the medium OF the press, that the people may
judge of the correctness of the position which
| then took and now maintain.
| do this at an early date, rs the election is
near at hand, aud early action is necessary.
The facts and law are simply these: On the
afternoon of the above date, several members
of the General Assembly called at my Office and
presented certificates OF the presiding officers
Of that body, certifying that each member was
| entitled to certain sum. | immediately en-
quired what law had been passed in relation to
the pay of members, and was answered that no
appropriation bill had been passed, naming the
amount each member was entitled to receive
but that bill had been passed. appropriating
a certain sum, or so much of it as might be ne
cessary to pay the members for their services.
The amount claimed by each member far ex-
ceeded the amount allowed by any law then in
existence .
The Constitution says that members Of the
General Assembly shall receive compensation
to be fixed by tar for their services. Such COM
pensation shall not exceed two dollars per day
for the period of fifty days from the commence
ment of each session, and shall not exceed the
sum of one dollar per day for the remainder of
the session; when convened in extra session by
the Governor, they shall receive such sums as
shall be fixed for the first fifty days of the Or
binary session. See Article Sd; Section 25th
of the Constitution, page $40 Of the Code.
| Here the matter is made perfectly plain
They shall receive compensation to be .faed 1y
| law. Now let US look at the Tar firing the COM
pcnsation.
But first let me answer the question repeated
ly asked. "What right had l to interpret the
constitution" In the first place I would say
that it needs no Interpretation the language
is perfectly plain and admits of but one con-
struction-''A compensation to be fired hy lac"
In the second place my adviser the Attorney
| General was more than 80 miles distant and the
| CtiSc WOulu nOI vi utiiS anu III the tulru
place claim the right to interpret any article by
which have sworn to be governed, being at all
times responsible on my bonds for my official
| acts.
Now let us look at the claw fixing tie conlpen-
sation. Section II, of chapter ., page 3 of the
code, reads thus:
"Each member is.entitled to receice from tie
State Treasury, t'co dollars a day for the period
cf.ftty days from the commencement of each ses-
sion dc" .. ....- ..... - ....
| Can any one doubt for moment my authori-
| ty for refusing to audit such claims? True the
presiding officer certiies that by vote of the
Senate each member is entitled to receive one
hundred dollars for services as a member of that
body. But who that is acquainted with our
laws and Constitution, will contend for a mo-
| ment that simple vote or resolution of the Sc
| nate or House, or a joint resolution of both
| these bodies is sufficient to repeal statutory
provision, unless approved by the Governor
| And further-are the presiding officers of the
Senate and House of Representatives Auditing
| officers, that they have authority to Audit
claim against the State? BY no means. trust
| that no one after an examination OF the laws and
due consideration will say that they have any
such authority.
| All that they can legally do is to certify as to
the length of time a member has seryed.-Who
| then is to audit an account?
| Let us again look at the law. [Sce chapter
seven, section 90 of the code, page IL. "The
| Auditor is the general accountant of the State,
| and it is his duty
| FIRST To keep and state all accounts between
the State Of Iowa and the United States, or ny
other State, OR any public officer of this State
| indebted thereto, or entrusted with the coec-
| tion,. disbursement, or other management of any
funds belonging to the same, when they are de-
| rvable from or payable into the State treasury.
FIFTI-To settle all claims against the State
Treasury, &c.
SEvENTn-To superintend the fiscal concerns
of the State, and secure their management in
the manner required by law.
ElGHrH-To draw warrants on the Treasurer
for money directed by law, to be paid out of
the Treasury as the same may become payable
&c.
Section 24th of article 3D. of the Constitution
says: ..No money shall be drawn from the
treasury but in consequence Of appropriations
made by law
No appropriation was made by law by which
any person was entitled to receive 800 for ser.
vices as a member of the Fifth General Assem-
bly, of the State of Iowa at the special session of
July, 1856. -. ..... -. .--.... .=.-
Such is the case presented l cannot for one
moment blame the members for wanting more
than two dollars day, OR saying that they
ouSuI III JUSTICE W receive moro IOf their ser
vices at the special session, especially at this
season of the year, or endeavoring, by any lc-
gltlmate means, to obtain proper remunera-
ton.
But lap and strict right are not always allied. |
In the outset of our young and prosperous State,
it was the design of the makers of the constitu-
ton to prevent onerous taxation and as means
to this, among others the salaries of all state |
officers were small
No person is compelled to be representative |
and the man who seeks the office for private |
gain, loses sight of the object Of his mission,
substitutes private for public interests, and ought
to be disappointed in his mercenary motives |
The constitution makes an office to guard the |
financial interests of the State, and in this sense,
the Auditor is the most responsible State officer
elected by the people.
1t requires man above favoritism, above
fear and intimidation, come they from the labor
ing peasant, or an August Legislature. lie is
only to look to the constitution and the laws, and
if any claim is improperly rejected, the claimant
has his remedy in the courts of the State.
In what other manner l would ask can the
Constitutonality or legality of doubtful claim
be tested unless the Auditor refuse its allow
ance9
How soon might an Auditor depete the trea-
sary, and the pockets of taxpaying Citizens, if
he were to allow every paltry claim that might
be presented against the State.
1 beg pardon for the space have occupied.
The above exposition should have felt in duty
bound to make whether candidate for the of
fee which now hold, by appointment, or not :
and gladly leave it to the people to decide up |
on my action in this matter, knowing that they :
will sustain and second all my efforts to protect
heir interests, and guard tie treasury against
unlawful claims.-Iowa City Republican. {
JOHN PATTEE.
sisaULAR-Three brothers, by the name of
Kelley, died suddenly last week in Cincinnati
me with deerium tremens in Jail; the newt !
lay another by sun-stroke; and the third bv 4 !.
un-s stroke as he entered the cemetery with his
'rothers corpse. :
Boston, July 25.
American Convention continued in session nil | h