Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-01-03


tive public interest Should % thereoJ
damaged or put in jeopardy.
Whilst the warrant was being prepared.
and after it was understood that this ar
rest would be made certain Applications :
were made tome, by theS Treesurer Nv
State, for delay until his chief legal counsel
could arrive, and afterwards BY his at
torneys for leave to be heard in his behalf
and against the issuance of the order. The
correspondence appended will sufficiently
explain the respective views entertained Of
these claims and requests, ss2eue6ons q
legal right and precedent without further
specification or argumentatiea-It may
be well enough to add, however, that the
delays, made necessary by the temporary
absences of the Auditor of State and the !
Comptroller of the Treasury, and by the
preparation of the order, gave all the time
requested for the obtaining this legal
counsel. And a majority of US peremp-
torily refused to hear argument for the
reason assigned inthe letter on that topic.
Upon the service of the writ and the
making of the arrest, other and graver
questions of legal rights and procedure
arose, or were raised, in the case. These
must be fully stated to the General As
semblY, in order, (f necessary and prae-
biSapAoJ bn1s ~ nay dPRlJ LAC RlOPDH IlAA- ~
-edies for the alleged defects ia the law
L proceed, then, again to state in sub
stance and spirit, as well as l am able
to abstract them, so much of the further
history of these proceedings as may be
necessary TO disclose and explain slShE
questions. In the first place, the counsel
of DIR. Dorsey made the formal allegation
and notification that he was still, and, not
withstanding the tenth (lOth) section o
the first mentioned act and other language
OF the statutes, the legal Treasurer of
State. They denied the constitutionality
of this statute, for depriving that officer Of
his office %summarily and without a trial,
and as l understood them, because it i'm
parted to thsG0vernoE the Auditor and
the Comptroller what we're called ejudic-
isl powers" As a consequence Of these
propositions, they denied all legality in
these proceedings, averred that there was
no vacancy in the Office, and refused posi-
lively to give up the keys, or in any way
to surrender the Office. And after this
distinct notification of their claim of his
legal right. and of his refusal as a hGR&.
they demanded to know what would now
be done by the Governor.
They were informed that the section
and act in question would be simply, but 4
strictly pursued that, though it might be
true that they were uhYns6tltionsl and
void, it would not do for the Governor, or
any other Executive officer, q priOri to as z
sumo the inyslidity, or that of any other
act OF the General Assembly 0 fbe State ~.
nor to DO anything, noritd omit 70 aoafy@
thing, nor yet, within the scope Of his su-
thority, to suffer others to do, OF to omit
any thing, which rested upon that assump-
tion as its basis.
They were informed, however, as had
been proposed for their rconsiderstipp
seversldays Beforehand, that the keys ottHef
Treasury and safes should be so divided and
held between the Auditor representing the
State) and the late Treasurer protecting
his own and his ~sureties' rights that I
neither could get access 70 the treasure
without the assent and presence Of the