The Cadiz sentinel. [volume] (Cadiz, Ohio) 1864-1911, 1866-01-10

aud show his own comparative exPendi-
lures, by other plans. Would lie divide /
them among the county poor houses Tor
economy? Division does not extinguish the
quantity divided Would he hide them
away in private life, to subsist as they may
on private charity COncealment does not
suppress an evil. Il were aswisc so TO scat
ter and conceal, in the general mass, the in
ltesof the smallpox hospitals. For be II,
remembered that these vices of your volun-
teer paupers (maie so by your neglect
would be Is contagious, too, as that disease.
AS already suggested, that evil will reap
pear, in spite Of your closed eyes, and with
horrid increase Of your taxes, at all the cen
tcrs Of misery and crime. 1t is no econUmy
it is downright extTayagance-to under
take to support large ciasss Of benet1clares
upon retail Instead OF wholesale principles
[ trust, then the General Assembly viii
found this noble institution of beneyolence
anl of iu ,ticl, wisely anl generously.
tbs ARREST OF THE STATE TREASURER.
The Hon. Peter Ollin, a distinguished
lawyer, aud the mast efficient Chairman Of
the COMMITTEE on Finance of the late House
Of representatives, was appointed by the
late Governor brough, upon the 18th day
Of .Jdnr, 1865, To examine into and inspect
the condition Of the. State Treasury. This
AMI ushcr powers Of the Governor, aud the
duties of such appointed in the premises,
NAV he seen in the Act TO establish the
Iniependent Treasury of the State of Ohio,
and in the Act to provide for the better
regulation Of the receipt, disbursement, and
safe keeping of the public revenue" Re-
vised Statues, PIP. I,60S 1909, 1888, l.
6O6, and l,6IO, l6ll.) Ga the l3 day of
June, Mr. OIIin and the Secretary Of State
proceeded to perform this duty, and filed
their report thereof on the 9th day Of Au-
gust following. Various causes, connected
with and in addition to the painful and pro-
tracted illness, and the eventual death ofthe
Governor, delayed that action upon this re-
port, which the Statute impcratively re-
cuires until the 9Th day of September. A
copy of the report AMI testimony in hereto
apprehended with other papers in the case.
A reference to them will greatly and more
than usually aid in the proper understand
ing Of this statement. Finding, with the
concurrence of the Auditor of State AMI the
Controller Of the Treasury, that there had
been ''the breaches of trust and Cmbezzlc-
ments committed by the Treasurer State, =
as contemplated by that act, and as report
cd to the Governor, by the Examiners, [
made an order for the arrest of Goodwin Vol
ney Dorsey, Treasurer of State. In the
temporary absence of the Attorney Gener-
al, engaged the Hon Joseph Il. Swan to
give me the benefit of the legal counsel in
behalf of the State, and to prepare the form
of this order or warrant. This officer was,
thereupon, Immediately arrested and put
under bonds for his appearance to the Court
of Common Pleas Of Franklin County, in
pursuance OF the direction Of the Statue. =
He now awaits his trial in that tribunal.
| In proceeding now to make the statements
of fact aud remarks, which follow, as to the
further history Of this matter, and OF the
manner in which | have discharged this, my
most painful, but plain, official duty, | wish
distinctly to protest that it is, in no respect,
my purpose to add one word which might
unjustly or unduly effect the rights Of the
accused to u fair ana impartial trial. | es-
pocially desire, indeed, to submit the whole
case, without prejudice, to the court Of jus
tice now having jurisdiction over it.
| The proprety OF this course must not be
confoundad, however, with any necessity
for my silence before the General Assembly
upon those questions arising out of or in
volyod in these matters which concern eth
er the financial interests Of the people Or the
state Of the law, Or the necessary amend
ments of it, and which these proceedings
have brought to light or exempIify. The
line OF distinction between my duty Of for
bearance to the accused and of advice to the
| Legislature is, ain aware, both narrow and
dim; but | viii strive 50 to follow it as not,
in the least degree, to prejudice the private
right involved, unless some paramount and
substantive public interest should be there.
| by damaged or put in jeopardy,
While the warrant was being prepared
and after it was understood that this arrest
would be made, certain applications were
made to me, by the Treasurer Of State, f0l
delay until his chief legal counsel could ar
rive, and after, by his attorneys, for Leave
to Be hoard in his behalf, an ! against the Is
suanco Of the order. The correspondence
appended will sufficiently explain the re
sDective views entertained Of these cllim4
and requests, on either siic, as questions OF
legal right and precedent, without further
specification or augmentation 1t may bt
we'll enough to adj, however, that the d.
lays, made necessary by the temporary a5
scnces Of Auditor Of State AMI the Uontro.
Ter Of the Treasury, and by the preparation
of the order, gave actually all the timo re
] duested for the obtaining this legal counsel
And majority Of US peremptorily refuse.
to hear argument, fof the reason assigned i:
the letter on that topic,
i Upon tha service Of the writ AMI th,
making of the arrest, other and graver qu3s
tions of legal rights and procedure arose, o
were were, raised, in the case. These must b.
\ fully stated to the General Assembly, in or
| ! I ! ,l +hot
may apply the proper remedies for the al
legged defects in the law. | proceed, thel
again to state in substanceand spirit, as wei
; as [ arl able to abstract them, SO much o
the further history of these proceedings a
may b. necessary to disclose aud explain
such questions. In the first place, tn
counsel of Dr. Dorsey made the forlna! al
legation AMI notification that he was still
and, notwithstanding the tenth (l0th) sec
ton Of the aforementioned act and other Ian
guage of the statutes, the legal Treasurer 0
the State They denied the constitutional
ty of this statute, for depriving thai Off ;ol
Of his ofice sunmarily and without trial
and, as [ understood them, because it i'm
parted to the Governor, the Auditor ant
the Controller, what were called 'judicia
powers" As a on3eluanee Of these pro-
positions, they denied all legality In thest
proceedings, averrod that there was no va
cancy in the oifi3e, and refused positively tC
give up the keys, or, in any way, to surren
der the Office And after this distinct noti
fication fthcr claim of his legal right, anc
of his refusal, as a fact, they demanded tt
know what would now be done by the Gov
ernor. .. ..-
They were informed that the section an1
act in question would be simply, bat strict
ly, pursued that, though it might be truc
that they were unconstitutional and void, il
would not do for the Governor, or any Other
executive officer, a pyjoJi, to assume theiI
invalidity, or that Of any other act Of tn,
General Assembly of the State, nor to d.
any thing, nor to omit to do anything, MOI
yet, within the scope of his authority, to suf