The weekly hawk-eye. [volume] (Burlington, Iowa) 1858-1860, 1858-10-05

ANAANL LElN II i LA
1sase Observation-Disclosures % Fad,
and Morlarty.
We are permitted 70 copy the following lsttel
from Attorney General Rice TO gentleman o.
this city. and commend il 70 general atsentiou
- clear expose Of Republican policy toward,
unfaiihful public servants, and the refutation ol
the thousand aid ONE falsehoods which have
been started BY our opponents touching shia
matter:
Oskaloosa, Iowa, Sept. 81, 1855.
DEAR Sra,-Your note inquiring what action
has been taken By me respecting the late Super.
intendent Of Public Instruction, Dr.. Eads, and
the late State Printer, Peter Moriarsy, has JUS,
been received, and will be chesrlully answered.
The statements made BY Messrs Baker and Fl.
wood that the General Assembly had passed q
resolution requiring me to sue Dr. Fad, ia ut
seriy untrue. The only resolution ever passed
oy the General Assembly in regard to the mat
ter, was one referring to criminal prosecution.
II 10 found on page 46s, acts Of 1867, reouir-
ing me to examine and prosecute any officer
having charge Of School moneys, guilty Of em-
oeszlement. In compliance with this resolution
presented DR.. Eads case to the Grand jury Of
johnson county at the FIRST term Of the District
Coars after the adjournment of the General
Assembly, being some sixteen months age.
lspent several days in presenting the eyi-
dcnce to them, and though there we're some
Democrats on the Grand Jury that we're in favor
OF indicting, yet few personal friends Of Dr..
kads were disposed to make it political ques-
tion, and, Afterwards learned that on taking .
final vote there were eleven in favor Of finding
. bill and four against it, lacking one vote Of
finding an Indictment. I also ascsrtained that
DR.. Eads, just before the assembling Of the
Grand jury, found it convenient to make visit
to the State Of Mississippi, and returned after
the action Of the Grand Jury was Known
Every one knows that it i, impossible for me
to prosecute without an indictment. and s,nce
the Grand Jury refused to indict that my power
in the premises ceased.
In answer to your inquiry why the State has
not taken some action towards bringing civil
suit, the following facts are submitted: DR..
Eads, as Superintendent Of Public Instruction, |
had received from the United States $751;
SIS Al, being the five per cen:., paid to the
lands. OF this fund he had no power to loan |
single dollar. At the first session Of the Cen |
eral Assembly after my election / gave the |
Senate an opinion to that effect, which, be- !
eve, was universally concurred in by that body. |
The law required him to apportion this money
among the different counties Of the State, to be |
loaned out by the School Fund Commissioners
and even they could not loan to exceed Eve |
hundred dollars to any one person. 1t is well |
known that DR.. Eads apportionsd only . small |
part of this money, but loaned to few bankers, |
newspaper editors and personal friends over |
Iw0-thirds Of this immense fund-n loans of |
Of dollars to single individuals, inclu.
ling loan OF $4,000, which he ported as
having made to himself.
Such was the condition in which the General
Assembly found the affairs OF Or. Eads. They
found that his original bond on which Ed.
J Johnson and certain others we're sureties, had
OCSu uP v. NJS1tStat1 4CSICofy kuO uVuOS
through misapprehenson on his portland q
new bond accepted. In case these loans should
be treated as nullity, and suit brought for the
entire amount against his sureties, it was be-
ieved that sulicien. could not be realized from
hem 10 cover the one-sixth part Of the indebt-
edness. They, therefore, for the purpose Of
securing this fund, passed an act authorizing the
Iovernor to appoint an agent to examine the
oans, and such could be secured, TO ratiiy
hem, in hopes that the amount would be re-
iuced SO much that the balance could be- real
zed. lScs chap. l62, acts 1867 In pursu-
nee with this act the Governor appointed
|. M Beck, Esq, and he examined and reported
he condition OF these loans TO the last General
assembly OF this State. His report was made
bout the 1st of January, 1858. Up to this
me no sui. could be instituted, as it was not
nown what part of the loans would be ratified
n the part OF the State, and for what part Dr.
.4ds aud his security would be holden. To
ave treated them all as a nullity (as the
tate had right to do) would have been to
urn them all over to DR.. Eads, with no possi-
ty of recovering the amount from him or
made for the 6rst time under the policy adopt
d by the General Assembly could suit have
'sen instituted. This, however, was prevented
y the suretes of Dr.. EaGs. They represented
rat they would be unable to pay the deficit in
ase of immediate suit, and requested the pas.
age OF law authorizing the Governor to ap-
,oint an agent to settle with them, and they
would secure the deficit, by note and mortgage
IN Eve or eight years time. The General As
embly passed an act in pursuance with their
equest, (See act, approved March Is, 1882 |
md Gov. Lowe in pursuance Herewith appoint
ID an agent TO adjust the matter with the sure |
lies. l am advised that since that time the |
agent and the securities had been trying to
arrange the matter, but, At last accounts, had |
m Ade no final adjustment. In case arrange.
ment is not consummated. the Governor, no
doubt, will order. an immediate suit. Il will be
readily seen from this reference to the facts OF
the case why DR.. Eads has not been sued
There has never been q time that suit could
by the General Assembly-and that policy was
concurred in by both parties in the Legislature,
aud is considered to have ben tie only one that
could have resulted successfully in securing this
fund.
In rega.d to Mr.. Moriarty the charge made
by them is equally unfounded. The Legislature
never passed . law requiring me to sue him.
They, however, did pass an act requiring me to
examine into the facts connected with the
printing, and if. upon such examination,
should be of the opinion that the State has any
cause Of action, to institute and prosecute suit,
eo Icaa ~c.s of la5R maze Aaql On receivinO