Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1863-10-26
"A Gard From Auditor Crane.
AuDlFoR's OEPioE

,,5r,. AuDIFoR's OFFICE,
wHEEtNG, Oct. %, 1868. !
To the pubic : . f'''
On my return homo from the State Of
Pennsylvania, where had been laboring
for the cause Of the Ution, i was met by
the following resolutions, passed by the
Legislature of my natfe State in my ABB
"Mr. VAN WRKLHI on behalf of the
Committee on the Judiciary, offered the
following which was adopted:
WHEREAS, II tappearl by the recent re-
port of the Committed on the Executive
offices, that the Ahdit6t and Secretary Of
the State had, on the tiEst and second days
of this month, oyerdFaRn n-from the treas
ury, the former the sum of four hundred
and fifty -four dullars aud eighteen cents,
the latter the sum Of three hundred and
ninety. three dollars ana twenty eight cents,
alleging such oyer-drahs TO be due to them
respectively for them salaries from the
fourth. day 2of March tolthe twentieth day
of June last, the latter being the day in
which the State was ,inlugRrated and the
Constitution thereof firit came into opera
tiop; and TfTig Ey .fEA
WHEREAS the Legislature by joint reso-
luton which finally pissed on the four'
teenth day Of October iist., have formally
declared that "the terms of all officers
legislative, executive and Judicial, electe d
on the twentieth day OF May last, bega n
on the twentieth day Of June following,
aud not previously" and that "no such
officer is, or was at any time, entitled to
salary or Compensation for any time pre-
ceding the twentieth day of jane in the
present year; therefore
Be it resolved by the Legislature Of West
Virginia:
treasury OF the State, or in any way re-
ceived compensation as such officer for
any time previous to the twentieth day OF
June last, is hereby required within ten
days from the passage of this resolution,
to refund the same to the Governor, to be
by him deposited In the treasury to the
credit of the proper appropriation.
2. Should any such officer fail to comply
with the requisition of the foregoing reso-
luton within the time therein mentioned,
the Governor is hereby authorized and re-
.quired to cAnse suit to be brought on his
official bond for the recovery of the sum
or sums improperly drawn from the trea-
sury, or received by such officer.
8. No officer failing as aforesaid shall be
entitled to draw or receive from the treas
ury for his own use, any sum whatever,
whether on account of his salary or as
compensation for his official services, or
any other account, until the money i'm
drawn from the treasury by him
as aforesaid is made good"
Imagine my feelings lit you CAM upon
reading them tried and condemned, with
out the privilege of being present or heard
in my own defence.
propose to examine the justice of this
IL, Il
of the Auditor in his office, and by common
justice. eaai4
On page 267, of the Code of Virginia,
section u, You will find the following law:
s.Any person having any pecuniary claim
against the State, on any legal ground, may
present the same to the Auditor"
Section ID, on page 26S of the Code,
says that every claim authorized to be pre-
sented to the Auditor, shall be examined 6y
him, and he shall allow so much on ac-
count thereof as may-appeAr to be due.
This law was adopted by the present
Legislature on the 10th of July last, as the
lGt0 of this State.
n Under this law the Auditor is to decide
the legality only of the claims presented TO
him for payment, and he is made the sole
aud only judge of their legality; and to
protect the State even against mistaken
judgment, he Is required, before entering
upon his official duties, to execute to the
Stata bond Of S20,0 900. Tbia bond was ex.
ecuted by him and is now In the possession
of the Secretary of State, After this protec-
tion and indemnity to the State for even
errors in Judgment, how does it happen
that the Legislature, in the absence of the
Auditor, selects from among the various
claims that he has audited and paid; one or
two of these claims, aud by resolutions
fttu of bittsSness proceed to censure and
condemn his aetsf
If he Is no-the only judge of-the legality
of the claims pr6sente d for payment at the
Treasury, Whois to decide their legality or
illegalityR Is it the Legistature7 i think
not. If the claim is legal land that is all
the Auditor, by their own law, is TO de.
mine) is the Auditor deserving Of 6ensnre2
Ought not the IegGlitvof the Auditors acts
to have been determined before the Legis-
latnre proceeded to condemn him.7 The
question Of the legality or illegally Of his
act is certainly legal one and in justice
ought 70 have been pronounced illegal be-
fore censure. The Legislature may alter,
amend or abolish law, but I have never
heard il claimed for them that they could
pronounce an act done by an executive
officer under the law illegal. If they cam
not declare an act done by an officer of the
State illegal, how can they by resolution
give their decision the effect Of n judg-
ment, and say restitution in tea dgys oT
sui, and no pay for the Jlitqre, lrIti resti-
tt.ttoa Is aiads7 Admitting the power OF
the legislature to do what they did! ,is not
the pfoceeding more summary than Is re.
quired of indiTidnAlsi ia o. Court Of law2-
Ought not the Auditor 70 have been notf-
fed or been permitted, before Judgment Is
passed upon him, 70 be heard; . Has he
ever been permitted to do that up 70 the