Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-09-11

urer,' 'On tto tcpVio Va AAoh' ONAA',
Special Examiner Of the Treasury, and Hon.
WIN. B. SMITH, Secretary of State" Inas-
much as we did not publish Mr.. OpLIN's
. report because Of its length, the same rea-
son will apply to the non-publication of
this statement" entire. In the outset Mr..
Dorsey charges that IA spirit Of malignity"
"runs through the report" Of Mr.. ODLIN.-
That is question to be settled between Mr..
DORSEY and Mr.. ODLIN. The question that
concerns the public is, has Mr.. DORSEY
strictly conformed to the requirements of
the law touching the State Treasury? By
reference to the revised statutes of Ohio, by
SWAN and CRIToHFIELD, vol. 2 page 1910,
section 10, we find this to be the definition
of embezzlement of public funds:
''That If any officer or other person charg-
ed with the collection, receipt, safe-keeping,
transfer or disbursement OF the public
money, or any part thereof belonging to
the State, or to any county or township, or
organized city or village In this State, shall
oonuert to his oton use or to the use Of any other
person or persons, body corporate, associa-
tion or party whatever, in any way what
ever, or Shall use by way Of investment IA
any kind of security, stock, loan, property,
land or merchandise, or in any other man
ner or form whatever, or shall loan, tUtth or
loitbout interest, TO any company corporation,
association or indtpiduaL or shall deposit
with any company, corporation or tndivid-
ual, any portion OF the public money. or
any other funds, property, bonds, securities,
assets or effects of any kind, received, con-
trolled or held by him for safe-keeping,
transfer or disbursement, or In any other
way or manner, or for any other purpose;
or If any person shall advise, aid, or In any
manner participate In such act, every
such act SHALL BE DEEMED AND HELD IN
, LAW TO BE AN EMBEZzELMENT OF so MUCH
OF THE SAID MONEYS OR OTHER PROP
RRTY, AS AFORESAID, as shall be thus
converted, used, invested, loaned, de-
posted or paid out as aforesaid; ,ohfch Is
/, hereby declared 10 be a high crime and nltsde-
nlednor, and upon prosecution, trial by in-
dictment and conviction thereof before any
court of this state having competent juris-
diction, SUCH OFFICER OR PERSON OR PER-
, SONS SHALL BE SENTENCED TO IMPRIsoN-
MENT IN THE PENITENTIARY, and kept at
hard labor, FOR TERM OF NOT LESS THAN
ONE YEAR NOR MORE THAN TwENTY-oNs
YEARS." sc. . -
There is no mistaking the language of
this provision of the law. 1t is clear, di-
( rect, positive. The Treasurer of State can
( not use for himself or allow anybody else
to use, either with or without interest, any
portion whatever of the funds of the State.
Now, If Mr.. DORSEY has not used, or suf-
fered to be used, any funds of the State by
outside parties, then he is guiltless, and de-
serves the commendation -"Well done,
thou good and faithful servant"
In his statement" Mr.. DORSEY says: IL
am fully conscious that no wrong has ever
been done, directly or indirectly, to the
State; not dollar of its funds have been
lost or misappropriated, and never will be
so in my hands," If true, this will be graf
flying to the people. The State Journal
deduced from Mr.. ODLIN's report seven al
legations against Mr.. DORSEY, the first of
which was that ''by means of special
coin. deposit, somebody is making in
terest from the money of the State."-
Mr.. DORSEY says that this special de-
posit consisted of "simply $4,000 in gold
coin, left by gentleman of Columbus, who
took $4,000 in paper, with my promise to
return him the gold when called tor by
him." This, according to Mr.. DoRsEY's
own showing, was nothing more nor less
than loan. 1t is needless to say that the
gold deposit was in excess in value OF the
paper currency exchanged for it. 1t was
as complete and perfect loan as though
bonds, mortgages or promissory notes
had been deposited as collateral security,
and as such made it a peniteDtary offense
in the eye of the section of the law we have
quoted on the subject. ...tal.3 ui
The second allegation is that the assets
found in the Treasury were not Of the char
acter required by law. Mr.. DORSEY says:
"This can only refer to United States
certificate of Indebtedness due July 18th,
1866, for $4,000" and that he should never
have placed it there, had he mot known
that the State, even in case of" his death
would get more than $4,000 for 1t, and
hence could suffer no loss."c That, evident
ly, was deposit to secure the payment OF
currency drawn from the Treasury--a sort
of banking operation, and expressly pro-
hibited by the section of the law we have
quoted. By his own showing that makes
two violations of the law Of which he was
guilty. ~ ' ..--
To the third allegation; "that large undu-
thorised balances have been keptin the Ohio
Valley Bank at Cincinnati" Nh. DORSEY re-
plies that ''these balances were not unau-
tbor;zed and could not have been avoided