Marshall County Republican., 1861-03-14
SSH IL

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No fees have been drawn from the Treas
ury except in pursuance OF laws in force at
the date Of tho passage of the law of
March 9th, 1859, and the question as to
the effect Of Sec. 9 of that act upon the
laws in force giving fees, salaries and per-
ouisites from other persons and corpora
tions than the State to State officers, was
submitted to Hon. Joseph 4. Mcdonald.
Attorney General. and copy OF his an
swer is hereunto annexed. The question
submitted to the. Attorney General to test
the effect Of Sec. 9 of the law of 1859 on
the laws already in force. was. whether the
Auditor and Treasurer Of State were en-
titled to the salary paid by the Banks.
as provided by the General Banking law
of 1895, or whether the same was repeal
ed or amended by the law of March 5,
1859.
The Attorney Generals opinion is alto
gether favorable to the wishes of Auditor
Dodd.
He states that the act Of 1859 does not
repeal the 55th sec. ofthe General Banking
Law, but that the 9th section of the act OF
1859, was intended as an amendment to it,
but to make it an amendment constitution
ally passed. it should have set out this
55th section of the General Banking Law,
and then amended it. As it did not do
so. it is void act. and leaves the bank
salary in the rightful possession of Mr..
Auditor Dodd.
The same reasoning appl;ss 10 the fees
and perquisities of oficcrs-these acts
should also have been specifically set
forth and amended by the act Of 1859.
but as it did not do so, the fees and per-
quisites go to the officers, and not into the
State Treasury.
1t is obvious, at a single glance, that
the acts of 1859 were not intended to
amend the 55th section of the General
Banking act, nor the act in relation to fees
and salaries, but to leave them in full force.
except that the bank salary and fees should
go into the Treasury. and not into the pock-
cts of the State officers. AS to that mat
ter, the acts Of 1859 are in direct conflict
with these other acts. and being the latest
acts must prevail over the former ones.-
The Attorney General with Democrat.
ic facility avoids seeing this very obvious
and important point.
Such are the fimsy pretences by which
Mr.. Dunham and MIR. Dodd have put into
their pockets about six thousand dollars
that the ats Of 1859 declare shall go iEto
the State Treasury.
This opinion of Attorney General Nc
Donald is in direct conflict with that givep
by him to sustain the gross pcrversion o
the law by MIR. Secretary Mcclure. by
which he took nea-ly six thousand dollar.
from the Swamp Land Fund, as showr
by the report of the Committee ON Public
Expenditures Of the last session.
Need the people be surprised, that such
heavy domestic debt is left on the State
when officers are banded together to sus.
tain such dep-edations on the treasury
Or can they look for anything else than {
continuation of the present high taxes
that these debts may be discharged? We
rcpeet the wish we have heretofore ex
pressed, that the Committee of Ways ant
Means may meet these debts by separate
tax. and that it will bring to the lowest pei
cent on the 500 valuation, the tax ne
cessary to meet the expenses oil the Repub
lican State Government.
Whether the domestic State debt is {
million and quarter of dollars. or great
or sum. no one can tell until the Commits
sion examines into the financial condition
of the State. What other wrongs are yei
concealed, no one can now tell-hence the
necessity of the Commission to examine,
and with the siI Of the Governor to re-
cover back all moneys wrongfully with.
held or wrongfully paid out from the
Treasury.