The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1860-01-14
against that State, TO test the validity OF such .
law, In the courts of the country.

| CopIYicATIoE AND REvIsIoE OF LAWS.
The Commissioners appointed TO prepare Code
OF civil and criminal procedure and to rcviss and
| csdify the lawn Of the State. will spread before
you the work Of their hands, which should engage
your attention In the early session, whilst the sew
| erAl committees are preparing other msasurss foi
| your consideration.
The very cursory reading which have been Able
to give TO portion Of the civil practice act made
| favorable impression upon my mind, and IT 10 to
| DO hoped, upon . full and careful examination by
you, that 1T will be found quite acceptable, and
| that you will not feel il necessary to make many
| changes In the same.
IHvRsrrc Arrsa COMMISSIONERS.
| Under the Law Of 1858, requiring me TO appoint
Commissioners to investigate the State and kxscu-
tive ofhccs, appointed Messrs. Jno. A. Kasson,
n. Grinith and Thos. 6eesy, whose reports will b.
l laid before you.
The examinations have embraced the trans actions
of several years, and their reports contain much
valuable information and statistics not elsewhere
| to be found. Indeed, very cursory inspection Of
their reports win show how full and satisfactory,
and at the same time with what ability and tho
roughness the Investigation has been conducted ;
making il unnecessary, perhaps ever TO 30 back Of
these reports for additional information In regard
10 the manner in which the business Of those Offices
| has been conducted. They present, In my judg-
| mcnt, many important suggestions regarding tho
| executive administration some Of which may re-
quire legislation, and 10 which ask your careful
attention. Among the moro important topics pre-
Il
| following:
OFFICE ov s4cH.rARy or STATE.
In this ofce are deposited most Of the bonds ex-
ecuted to the State. No provision OF law exists for
1 recording them. Many of them secure the State
| against malfeasance In office, in large amounts
| some OF them being for over $500 600. The Com
| missioners suggest that 1t should be required by
law that the ohicer charged with the custody OF
any sneh bonds, should INN sdiatsly on nlng 4 -
his Office deliver 1t TO the Register OF the Lana
Office, to be recorded In volume to be kept for that
purpose, and that such copy and certified tran
! scripts from IL, should be made prima faeic evil
denco Of the contents of the original In courts Of
justice in this State. The original and the copy
being thus kept in separate departments, would d.
ninish tho hssards Of loss by ERE or otherwise.
STATS LAND oYSIcn.
1t appears by their report this ONCE that sun
/ dry books are still wanting, TO comply with the
TO accomplish the object OF its establishment; Ais o
that no records or papers respecting the territorial
| grant Of lands on which Iowa City IL situated
were found in the ONCE.
1t further appears that many errors exist In the
patents OF lands issued by the Secretary Of Sta
prior to the organisation IL this ofioe, which de-
| mand correction and adjustment. Other impor-
tant facts and sugges tons contained in the
port on this ONCE, to which it would be we'll togive
attention.
OFFICE sUPERIHrKHDakr
| This department Was found In = very uns stisfac
tory condition. mainly attributable to the confusion
occurring during the superintendency OF Mr.. Eads
The Commissioners were unable TO state the &C
counts OF this office from any reliable data found
among its papers or books. From data found else.
where they ascertained the amount OF the five DEL
cent. fund rccrved frour the United States, up to
LIST OF June, 1883, to sos .os
And amount OF premium on drafts there
for, by Col. Benton to be..... ............ 37os
| Making total ..... 561647 .0t
OF which s only accounted for..-...... 4o3, 671 90
Leaving balance unaccounted for off, SI48, a7<. 70
| This amount represents the sum loaned 10 indi
viduals, retained, or otherwise disposed OF by Mr.
Esds; the condition and security Of which was re-
ported upon by ]. Nj. Beck, Esq, under the dircc-
tion Of former General Assembly, but which i,
more fully traced out in the report Of the Commits
sioncrs, who find against Eads actual deficit oil
some ST., 5000 subject, however, to . deduction
of Waite's note for <l,eo0, since paid, and what
ever else may be realized from the collateras held
/ by the State. ----
/ The Commissioners found no account In this, oil
any other office, showing the amount ofschool fund
chargeable to the several counties Of the State
per cent. fund distributed to them, and enabling
them to ascertain reliably the present amount oil
1 the school fund of this State.
Taking the figures furnished by the last report oil
the Superintendent Of Public Instruction, and cor
rsctng the computation made by him, the tota
amount appeared TO be $2,07l, al 50. But they d.
not consider this sum as reliably ascertained.
The present Constitution TART. 7, sec. 81 requires
that ali losses 10 the permanent School or Universe
ty Fund of his State, which shAn have been occa
stoned by the defalcation, mismanagsment o.
fraud of the agents or officers controlling and man
aging the same, shall be audited by tho proper
authorities of the state. The amount 80 audits<
shall be permanent funded debt against the Stat,
in favor of the respective fund sustaining the loss
upon which not less than per cent. annual interss
shall be paid.
The commissioners are of opinion that no dat,
exist at this time in any Of the state Offices, fo
the discharge Of this constitutional duty, and tina
only particular examination by = local genera
agent In each county, together with y special ex
animation In the State land Office of lands soil
pertaining to this fund and the there
for, shown by certificates Of purchase and pay
ment, and on examination in the auditor Office, o
vouchers Of Eve per cent. fund distributed to tn
counties. will render it possible to audit this con
stitutional claim.
Ishould be faithless to my convictions Of duty
il did not endorse and specially invite your 81
tention to some cogent reasons which they also ode
for a partial change In the management OF thi
fund. While the people OF the whole State are lie
BILE for losses to the fund, II IL only the people
the county who designate and elect the officer
managing it In its counties. They suggest tha
the counties, a. principals, should be responsibl
to the State for the conduct of their own sewers
agents. that the responsibility Of loss may rest up
ON those only who control its management. Thi
principlei i one Of universal application in law,
just, and 10 well worthy OF your consideration, =
likely to increase the care and vigilance of Ia
people in protecting this important fund from los
This fund 10 dedicated to the support Of commo
schools. The efficiency Of the system win Deepen
much upon the promptness with which the annus
interest upon the fund II paid. learn that intel
est to the amount Of $3.50, 900 is now duo, thu
, should have been paid year ago or more. Th
annual payment of interest due this month, it
expected win greatly add to this sum. tits believ
cd that II the counties were made corporately re
sponsible for the payment Of the interest VI ths
defaulting citisens, the moral effect would be |
stimulate the loanees to pay more promptly thei
interest, inasmuch - they would be less willin
that their own nsghbors should pay for their lache
, than the st ate Mt large.
J Again, it 10 suggested whether the annual pay
ment, by the counties, Of nine per cent. intsres
they loaning II ut ten per cent, would not realise
, larger annual revenue TO the fund, and be niue
more reliable for the supporter the common schools
than the irregular payments Of interest 1t ten pa
oent., dependent apos sac prompituae VI inaisia.
, ais.
The liability for the principal or the interest
l "a La Ser 49, u.