The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1864-02-10

nicer Is d16Quallned to pass an opinion Oh SUCH
a subject It will be a sorry day for the
State when it is adopted as a rule that every
officer whoodoes not become incorporated into
the executive will, is to be involved in embar-
rassme nt before the public, by such groundiess
and trifing charges as Governor Tod has made
in the present Instance against me so out OF
place, so unwarranted, SO unofficial and devoid
of generous feelings and official dignity, tend
ing to produce nothing but pickering and bad
feeling to the detirment of the public service.
Toadyism may be a desirable state of existanee
to some ; but the proper dignity OF purity of a
Chief magistrate is sorely degraded by making
1t the groundwork of executive action.
The Governor further saysz "The two
most important matters of business committed
by law to the Attorney General during the
past year are First-His duty as a member
of the Board of Fund Comm issioners to see to
it that the interest on the bonded debt of the
State is promptly and faithfully paid Second
To represent the State before the Board OF
Claims, created by the act of April ID, 1868.
To provide aboard of Commissioner to exam
inc certain Military Claims, ect.'"
Every intelligent man knows that these two
matters of business form but a small portion
of the numerous duties of the Attorney Gen.
eral. But Governor Tod seems quite igno-
rant of the law in regard to even them. As
a matter of law, the payment of the interest
on the State debt is not committed to the At
torney General, as every Executive Magis-
trlte ought to know. And to represent the
State before the Board of Claims is simply an
additional incidental duty and, as it requires
absence from the Office, is to be considered,
subs ervient TO the duty of keeping this depart
ment in readiness for the transaction of its
regular and ordinary business.
The first specification which the Governor
makes is based upon the verbal statement of
o. Cole, the Governors Auditor by appoint
ment. Upon this statement made in sJuly
last, the Governor has thought proper to act.
The evidence i this behalf is, then, a verbal
statement not under oath (though that would
make but little difference), nor official in its
character, and doubtless mentioned inciden-
tally by the Auditor in self laudation, and as
convincing the Governor that he had made a
good appointments statement about which
the Governor never made inquiry, and which
was of so little importance in his own estima-
ton that he, in his message, 'sentirely dis
claimed any intention of preferripg charges"
against the Attorney General on account of
it. A Governor who would thus seek to bring
a public officer into disrepute can not be re.
garded in any other light than as a fool or a
villain.
The charge is Neglect of duty as a Fund
Commissioner in New York. In answer, 1
propose to inquire-First How is the Attor-
ney General connected by law with the pay
ment of the interest on the State debt Sec
Lond What we're. the circumstances atten-
ding the performance of that duty?
First I: The first section OF the act of April
| 18th, 1858, Is. and G. STAT. 1850 provides,
"that the Board of Commissioners composed
Of the Auditor of State, Secretary of State and
Attorney General created by article 9Th, sec.
9th, of the Constitution, styled and known as
the Board of Commissioners of the Sinking
Il n IL
Auditor of State the President thereof, and
the Secretary of State the Secretary thereof,
and the said President and said Secretary
lshalf hold their Offices during the time they
| may respectively be such Auditor of State
and Secretary of State and it shall be the
duty of the said President and the said Sec
retacy of said Board, with the advice and con-
currence in writing of the other member of
| the Board, to do and perform all and singular
the duties prescribed by this act Provided,
that nothing in this act contained shall be so
| construed as to prevent a majority of the Board
from transactiDg any business authorized by
this act"
By this section the Attorney General is,
imply, and advising an concurring Member
o the Board but in the absence of either one
of the other Members, he can, to make a quo
rum or majority, act as one of the Board.
Section 5th of the same act provides for
tNO - OtooH o"o CC u y OhC DOdlA Vi
Commissioners of the Sinking Fund, are here
By especially required, authorized and fully
EN- poaoered, by and with the advice and
concurrence Of the other Members of said
Beard, to cause to be paid promptly, ETC., the
interest, ETC., and keep up the credit Of the
State, ETC."
This section makes it the duty of the Au-
ditor of State end Secretary of State to pay
the interest, and to act with the advice and
anreomont of the A fforpau Ion prol in oh m of-
tiers pertaining to the various steps to be taken
to that end. The Attorney Generals duty
consists in advising with the Board as to the
transmission of the funds to New York, where
they should be deposited, how drawn out, by
whom, and if not by the person to whom the
interest is DUE what authority the Agent or
Attorney should present, and in the absence
of either the President or Secretary to assist
the one present in paying the interest, and,
generally, to consult with the Board as to the
best means to keep up the credit Of the
State. -
These are substantially the duties of the
Attorney General, prescribed by law, as one
or the Sinking Fund Commissioners, in the
paying of the interest on the State debt.
Second In the latter part Of June and
December of the year 1868, I went to New
York city as had been the custom of my pre-
decessors, to do and perform what might be
necessary in the payment of the interest
In July, both the President and Secretary of
the Board were present and performed their
duties as especially required" by the act
The Attorney-Genera was also present at the
Agency in New York, and assisted so far as
his services were called into requisition by the
nature of the business.
The duties of the President and Secretary
of the Board are, as a general thing, to sign
checks upon the bank where the fund is de-
posted. The State Agent receives the re-
ceipts of the applicants, and a clerk takes out
the checks.
The time prescribed for paying interest is
fourteen days, but six or eight days would be
amply sufficient. Usually the great bulk of
the money is paid the first three or four days.
This has been the case in both instances in