Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1864-01-28
The Attorney Generals Reply ID
Tod.
ATTORNEY GENERALS OFFICE,
COLUMBUS, o., January, 1854.
concluded.

ATTORNEY GENERALS OFFICE,
COLUMBUS, o., january, 1854
tConcuded.l
The ID sec. of the act of April 13, 1863
creating the Board provides that ''the sale
. Board shall have power to call witnesses be-
fore them and examine them under oath,
and also to require the production of books
/. and papers. And the 4th Sec, provides
that the expenses, ETC.. should be paid from
any money refunded or that might be re-
funded by the United States. These two
provisions were essential to the perform
anee of the duty enjoinedby the act. With
out them, the allowance of claims involved
mistakes, and injustice to the State or to the
claimant-rendered the performance of the
duty of the Attorney General almost, i'm
agement and inefliciency. Neither the
Board nor the Attorney General ought to
have advanced one step In the performance
of the duty until the proper funds were
provided for the purpose. 1t is doubtful
now whether much If not all the Board did
ought not to be reconsidered. And yet not
cent was in the Treasury to enable the
Attorney General to exercise the power
necessary to perform the duty. All con-
cerned felt the impossibility of proceeding,
and frequently spoke of it.
1 appeared before the Board "to contest
the validity of such claims" as ''should not
be allowed" / asked for witnesses; some
were present and examined by me; Others
were not produced. In the Stevens case,
involving some eleven thousand dollars, no
witnesses could be had; and it was finally
decided upon e1parte statements hunted up
by Dorsey. The question of law involved
in that case was verbally decided by me in
nrpgpnpp Of tha R0ord cnrna fnnr Or fiya
times and an opinion in writing was after
wards given; but on the evening the case
was finally decided, the Board had not read
my opinion, and asked me to state its con-
tents, which | did. The case of the Mus
kingum Agricultural Society; of the Cuya-
hoga County Agricultural Society; of Low
rey for the destruction of a boat on the
Ohio river; of persons, several in number,
for goods, ETC., furnished to Ford, when he
raised his regiment; of persons who had
claims arising out of the Governors call for
the defense of Cincinnati, and other claims
which can not. name; all these received
my attention at not less than dozen meet
ings of the Board. In addition, / examined
between meetings of the Board various
claims, and those of large amounts or which
appeared improper or excessive were taken
to my office and examined. No claims. not
was daioved ono nonment for ;,' an nn o,,;ninn. %
bnt n woS do,ouol Gor ,,rnof ,,,b;nh + ,,a,,or.
received in a nronar mennar Still f,rtLer
when I wos nraSnnt with tbe Roord tho
claims were classifind oS fSr m ne nossihlehf
Subsistence, racrnitino nsa ot ppronpds do
strmct;om of nropartv otc n'. on W tbo oreote.
portion of them were supported by affida-
Wits of officers etc., about which it was al
most impossible to raise a contest. They
inat;on could have boan n,oJa TO- fo,. tbo 1,'ant
of money m nrocupe teStimonv % os em, even
the claims aI,oweJ are S, now yncomn,onded % d
hv Tod to ba no;J nv a., annronr;at;nn
Tn conclns;an the SentIemepp Who n,ade
tbe statement connecfed With Tod,s cbnr~oS
either were foroetf1l ef what nart;cination
did have with the Roard or deiibarateIv
aided Tod In carrying ont bis mal;cions In,
tent. ',~.-'
Tbe 3d sec of tha act nrov;deo that 4, caso
either ~ tbe RoaTH ~. tpa 4 attornaw Carorai |
should raS,,sa or ba otberw,;sa ynabio 70
serve ~, sa;J RoorJ tha yaoa,o,, si,oii bo %
filed bv anno;ntmant Of tba Gnysrnnr ~ A
refiection arises ont of tb;s section. Tod vaa
;nformed hv Dorsav and Wr;Sht that T had
refused In serve II he bel;ayed II n waa
his dnty In All the vacancy es tba iatv re9
m;red 'eif the charoe aoainst tbe Attornev
GENERAL u trne tba 2soyernn,. ,,aoiacted h;ys
Sntv Rnt to ossumS tbat +be Goya,nnr r,,r
in th;s snee;fcot;on ;S 1ooos;stoot W ,'r;th tbo
oanaro, yros,,r,,t;n, 20 os tha ,so,.s, maSn on oS
ooffic;aI dutv ~ '''e = -Ai''0 .'A '-
WIN have tboso fa1so oboro,os ord s,o+o-
merts acainsf tbe Ittornan @ SSsrarol @ ' bsen
noodeS NJ answe,. this I,,,cst;o, tha oLar-
acter and yootiyas oS tba nersn,s nh, ,,aIo
o,,J otta,s,,tod - s,,,,st a., -, ,nNN.